Liability Limit. THE REMEDY IN ANY CLAIM OR SUIT BY YOU AGAINST US WILL BE LIMITED TO DIRECT, ACTUAL DAMAGES, AND NEITHER NEXTERA ENERGY SERVICES OHIO, LLC NOR ANY OF ITS AFFILIATES WILL BE LIABLE FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT (INCLUDING LOSS OF PROFITS) OR PUNITIVE DAMAGES.
Liability Limit. THE REMEDY IN ANY CLAIM OR SUIT BY YOU AGAINST US WILL BE LIMITED TO DIRECT, ACTUAL DAMAGES, AND NEITHER SUPPLIER NOR ANY OF ITS AFFILIATES WILL BE LIABLE FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT (INCLUDING LOSS OF PROFITS) OR PUNITIVE DAMAGES.
Liability Limit. Limitation of Liability will be handled in accordance to Appendix A, Section 10K of DIR Contract No. DIR-TSO-3937.
Liability Limit. In no event shall any party to this Agreement be liable to any other party for any consequential, special, or incidental damages.
Liability Limit. Subject to the other provisions of this clause 10 and clause 13.1 , to the maximum extent permitted by law, Xxxxxx’x total liability and that of its directors, employees and agents, to the Client for all Claims, including interest on any Claim is limited in the aggregate to the Liability Limit.
Liability Limit. IN NO EVENT SHALL WE, OUR SUBSIDIARIES, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES, INCLUDING WITHOUT LIMITATION USE OF ANY APIS, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). THE USER SHALL HAVE NO LIABILITY WITH RESPECT TO THE SERVICE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL WE, OUR SUBSIDIARIES, EMPLOYEES OR OUR SUPPLIERS BE LIABLE WITH RESPECT TO THE ACCURACY OR RELIABILITY OF INFORMATION PROVIDED BY THE AUDITOR, WHETHER INPUTTED INTO THE CAPITAL CONFIRMATION WEBSITE OR ANY ASSOCIATED PLATFORMS BY US CAPITAL CONFIRMATION OR BY THE AUDITOR. THE AUDITOR MAINTAINS THE SOLE RESPONSIBILITY AND LIABILITY FOR REVIEWING AND APPROVING THE INFORMATION POPULATED INTO THE CAPITAL CONFIRMATION WEBSITE AND ASSOCIATED PLATFORMS. OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRECEDING THE FIRST DATE ON WHICH SUCH LIABILITY AROSE, AND (B) $100. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE OR NONPERFORMANCE OF ANY APIS PROVIDED BY CAPITAL CONFIRMATION SHALL BE FOR CAPITAL CONFIRMATION TO USE COMMERCIALLY REASONABLE EFFORTS TO ADJUST OR REPAIR THE NONPERFORMING APIS.
Liability Limit. EACH PARTY’S TOTAL CUMULATIVE LIABILITY TO THE OTHER PARTY HEREUNDER SHALL NOT EXCEED ONE MILLION CANADIAN DOLLARS (CAD$1,000,000) (THE “DAMAGES CAP”). NOTWITHSTANDING THE FOREGOING, IN THE EVENT OF A BREACH BY EITHER PARTY OF ITS CONFIDENTIALITY AND PRIVACY OBLIGATIONS UNDER THIS AGREEMENT, OR FOR DIRECT DAMAGES RESULTING FROM EITHER PARTY’S INDEMNIFICATION OBLIGATION UNDER SECTION 13.1(i) OR SECTION 13.4(i), AS APPLICABLE, THE DAMAGES CAP SHALL AUTOMATICALLY INCREASE, WITHOUT FURTHER ACTION REQUIRED BY THE PARTIES, TO TWO MILLION CANADIAN DOLLARS (CAD$2,000,000). FOR THE SAKE OF CLARITY, THERE SHALL BE NO LIMIT ON THE DAMAGES PAYABLE BY: (A) IGLOO IN RESPECT OF AMOUNTS OWING TO ANY THIRD PARTY THAT INITIATED A CLAIM COVERED BY SECTION 13.1(i); (B) CUSTOMER IN RESPECT OF AMOUNTS OWING TO ANY THIRD PARTY THAT INITIATED A CLAIM COVERED BY THE INDEMNITY SET FORTH IN SECTIONS 13.4(i); OR (C) EITHER PARTY IN RESPECT OF A CLAIM RESULTING FROM FRAUD, GROSS NEGLIGENCE OR WILFUL MISCONDUCT OF SUCH PARTY; WHERE, IN THE CASE OF (A), (B) OR (C), SUCH DAMAGES ARE EITHER AWARDED BY A COURT OF COMPETENT JURISDICTION OR PAID IN RESPECT OF A SETTLEMENT WITH THE APPLICABLE THIRD PARTY.
Liability Limit. I/We, being Individuals/ Partners/ Shareholder(s)/ Member(s), as the case may be of the Producer (collectively referred to as the “Guarantors”), in consideration of an advance being made to the Producer, by Canadian Canola Growers Association for the eligible amount in the current 2022 program year and any other active program year with a balance, do hereby agree to be jointly and severally, or solidarily, liable to the Administrator or the Minister of Agriculture and Agri-Food; PROVIDED THAT the undersigned’s liability under this guarantee shall not exceed $1,000,000.00, plus any interest and the Minister of Agriculture and Agri-Food Canada (the “Minister”) acknowledge liability of such advance and interest thereon, unconditionally guarantee to Canadian Canola Growers Association and the Minister of Agriculture and Agri-Food Canada, the due payment of all amounts owing by the Producer, pursuant to the Terms and Conditions of the (CCGA) Canadian Canola Growers Association Cash Advance Application, the AMPA and regulations, including the amount advanced, interest, and any collection costs, on any advance made to the Producer now or in the future. Upon Default in payment of any sum owing by the Producer to CCGA or the Minister at any time, or upon Default in the performance of the obligations by the Producer, CCGA or the Minister may treat the whole of the indebtedness hereby guaranteed as due and payable and may forthwith collect from the Guarantors the total amount hereby guaranteed. The obligations of the Guarantors hereunder shall be continuing obligations and a new cause of action shall be deemed to arise in respect of each Default. CONTINUE TO NEXT PAGE FOR SIGNATURE. Continuing Joint & Several Liability Partnership/Corporation/Cooperative 25 CONTINUING JOINT & SEVERAL LIABILITY PARTNERSHIP/CORPORATION/COOPERATIVE - continued The Producer and all related parties meets all the requirements listed in the application for a cash advance from the CCGA under the Agricultural Marketing Programs Act (AMPA), and Advance Payments Program (APP) and neither the Producer or related parties is in Default under any prior repayment agreement under APP, SCAP OR ESCAP. The Producer will fulfill all obligations as outlined in the application for a cash advance from the CCGA under the Agricultural Marketing Programs Act (AMPA) or the Advance Payments Program (APP). In the event that the Producer does not fully repay the advance, interest, and any costs involved in collect...
Liability Limit. In no event will Northwestern’s total liability to the Company under this Agreement exceed $500.
Liability Limit. IN NO EVENT SHALL EITHER PARTY (INCLUDING SUCH PARTY’S SUBCONTRACTORS, AGENTS, SUPPLIERS, DIRECTORS OR EMPLOYEES) BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, INDIRECT, RELIANCE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOST SAVINGS OR OTHER SIMILAR PECUNIARY LOSS) WHETHER ARISING FROM CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY EVEN IF SUCH PARTY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, IN NO EVENT SHALL EITHER PARTY’S TOTAL CUMULATIVE LIABILITY PURSUANT TO THIS AGREEMENT EXCEED THE LICENSE FEES PAID AND/OR PAYABLE BY CUSTOMER TO SAILPOINT UNDER THIS AGREEMENT. FOR MAINTENANCE SERVICES OR A PRODUCT SUBJECT TO RECURRING FEES, THE LIABILITY SHALL NOT EXCEED THE AMOUNT PAID AND/OR OWED (AS APPLICABLE) FOR SUCH MAINTENANCE SERVICE OR PRODUCT DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
