Common use of Items for Which IBM May Be Liable Clause in Contracts

Items for Which IBM May Be Liable. Circumstances may arise where, because of a default on IBM’s part or other liability, Licensee is entitled to recover damages from IBM. Regardless of the basis on which Licensee is entitled to claim damages from IBM (including fundamental breach, negligence, misrepresentation, or other contract or tort claim), IBM’s entire liability for all claims in the aggregate arising from or related to each Program or otherwise arising under this Agreement will not exceed the amount of any 1) damages for bodily injury (including death) and damage to real property and tangible personal property and 2) other actual direct damages up to the charges (if the Program is subject to fixed term charges, up to twelve months’ charges) Licensee paid for the Program that is the subject of the claim. This limit also applies to any of IBM’s Program developers and suppliers. It is the maximum for which IBM and its Program developers and suppliers are collectively responsible.

Items for Which IBM May Be Liable. Circumstances may arise where, because of a default on IBM’s part or other liability, Licensee is entitled to recover damages from IBM. Regardless of the basis on which Licensee is entitled to claim damages from IBM (including fundamental breach, negligence, misrepresentation, or other contract or tort claim), IBM’s entire liability for all claims in the aggregate arising from for any damages and losses that may arise as a consequence of the fulfillment of its obligations under or in connection with this Agreement or due to any other cause related to each Program or otherwise arising under this Agreement will not exceed is limited to the compensation of only those damages and losses proved and actually arising as an immediate and direct consequence of the non-fulfillment of such obligations (if IBM is at fault) or of such cause, for a maximum amount of any 1) damages for bodily injury (including death) and damage to real property and tangible personal property and 2) other actual direct damages up equal to the charges (if the Program is subject to fixed term charges, up to twelve months’ charges) Licensee paid for the Program that is has caused the subject of the claimdamages. This limit also applies The above limitation will not apply to any of IBM’s Program developers damages for bodily injuries (including death) and suppliers. It is the maximum damages to real property and tangible personal property for which IBM and its Program developers and suppliers are collectively responsibleis legally liable.

Items for Which IBM May Be Liable. Circumstances may arise where, because of a default on IBM’s part or other liability, Licensee is entitled to recover damages from IBM. Regardless of the basis on which Licensee is entitled to claim damages from IBM (including fundamental breach, negligence, misrepresentation, or other contract or tort claim), IBM’s 's entire liability for all claims in the aggregate arising from for any damages and losses that may arise as a consequence of the fulfillment of its obligations under or in connection with this Agreement or due to any other cause related to each Program or otherwise arising under this Agreement will not exceed is limited to the compensation of only those damages and losses proved and actually arising as an immediate and direct consequence of the non-fulfillment of such obligations (if IBM is at fault) or of such cause, for a maximum amount of any 1) damages for bodily injury (including death) and damage to real property and tangible personal property and 2) other actual direct damages up equal to the charges (if the Program is subject to fixed term charges, up to twelve months’ ' charges) Licensee paid for the Program that is has caused the subject of the claimdamages. This limit also applies The above limitation will not apply to any of IBM’s Program developers damages for bodily injuries (including death) and suppliers. It is the maximum damages to real property and tangible personal property for which IBM and its Program developers and suppliers are collectively responsibleis legally liable.

Items for Which IBM May Be Liable. Circumstances may arise where, because of a default on IBM’s 's part or other liability, Licensee is entitled to recover damages from IBM. Regardless of the basis on which Licensee is entitled to claim damages from IBM (including fundamental breach, negligence, misrepresentation, or other contract or tort claim), IBM’s 's entire liability for all claims in the aggregate arising from or related to each Program or otherwise arising under this Agreement will not exceed the amount of any 1) damages for bodily injury (including death) and damage to real property and tangible personal property and 2) other actual direct damages up to the charges (if the Program is subject to fixed term charges, up to twelve months’ ' charges) Licensee paid for the Program that is the subject of the claim. This limit also applies to any of IBM’s 's Program developers and suppliers. It is the maximum for which IBM and its Program developers and suppliers are collectively responsible.

Items for Which IBM May Be Liable. Circumstances may arise where, because of a default on IBM’s part or other liability, Licensee is entitled to recover damages from IBM. Regardless of the basis on which Licensee is entitled to claim damages from IBM (including fundamental breach, negligence, misrepresentation, or other contract or tort claim), IBM’s entire liability for all claims in the aggregate arising from or related to each Program or otherwise arising under this Agreement will not exceed the amount of any 1) damages for bodily injury (including death) and damage to real property and tangible personal property and 2) other actual direct damages up to the charges (if the Program is subject to fixed term charges, up to twelve months’ ‘ charges) Licensee paid for the Program that is the subject of the claim. This limit also applies to any of IBM’s Program developers and suppliers. It is the maximum for which IBM and its Program developers and suppliers are collectively responsible.