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, Customer is entitled to recover damages from IBM. Regardless of the basis on which Customer 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 IBM Offering 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 U.S. $10,000 (or equivalent in local currency). This limit also applies to any of IBM’s IBM Offering developers and suppliers. It is the maximum for which IBM and its IBM Offering developers and suppliers are collectively responsible.

Items for Which IBM May Be Liable. Circumstances may arise where, because of a default on IBM’s 's part or other liability, Customer Licensee is entitled to recover damages from IBM. Regardless of the basis on which Customer 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 IBM Offering 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 U.S. $10,000 (or equivalent in local currency). This limit also applies to any of IBM’s IBM Offering 's Program developers and suppliers. It is the maximum for which IBM and its IBM Offering 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, Customer Licensee is entitled to recover damages from IBM. Regardless of the basis on which Customer 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 IBM Offering 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 U.S. $10,000 (or equivalent in local currency). This limit also applies to any of IBM’s IBM Offering Program developers and suppliers. It is the maximum for which IBM and its IBM Offering Program developers and suppliers are collectively responsible.