Liability Restrictions. (a) SUBJECT TO SUBSECTION (b) BELOW, IN NO EVENT, WHETHER IN CONTRACT OR IN TORT (INCLUDING BREACH OF WARRANTY, NEGLIGENCE AND STRICT LIABILITY IN TORT), SHALL A PARTY BE LIABLE TO THE OTHER PARTY FOR INDIRECT OR CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.
Liability Restrictions. (a) SUBJECT TO SECTION 19.2(c) BELOW, IN NO EVENT, WHETHER IN CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTY, STRICT LIABILITY, OR OTHERWISE, SHALL A PARTY BE LIABLE FOR INDIRECT, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, OR SPECIAL DAMAGES, OR LOST PROFITS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.
Liability Restrictions. 28 16.3. Released Parties....................................................29
Liability Restrictions. The liability restrictions and limitation provisions for each Service provided hereunder are set forth in the associated Schedule for such Service.
Liability Restrictions. (a) Subject to Subsection (d) of this Section, the liability of Vendor to Customer for all damages arising out of or related to the Services provided under this Schedule will be limited to, and will not exceed, in the aggregate during any calendar year, ten percent (10%) of the aggregate amounts paid to Vendor by Customer (excluding Out-of-Pocket Expenses and Monthly Pass-Through Expenses) under this Schedule during the twelve (12) month period preceding the date of the event giving rise to such damages; provided, however, for the initial twelve (12) months following the Effective Date, the foregoing cap shall be no less than Five Million Dollars ($5,000,000). Subject to Subsections (b) and (d) of this Section, the liability of Vendor to Customer for damages arising out of or related -------------------------------------------------------------------------------- Network Services Agreement America Online, Inc./BBN Corporation CONFIDENTIAL Schedule C Schedule C - Page 28 CONFIDENTIAL TREATMENT REQUESTED to Services provided under this Schedule caused by the acts or omissions of third parties beyond the reasonable control of Vendor will be further limited and will not exceed, in the aggregate during any calendar year, the lesser of (i) five percent (5%) of the aggregate amounts paid to Vendor by Customer (excluding Out-of-Pocket Expenses and Monthly Pass-Through Expenses) under this Schedule during the twelve (12) month period preceding the date of the event giving rise to such damages, or (ii) Ten Million Dollars ($10,000,000); provided, however, for the initial twelve (12) months following the Effective Date, the foregoing cap shall be no less than Three Million Dollars ($3,000,000).
Liability Restrictions. (a) IN NO EVENT, WHETHER IN CONTRACT, IN TORT (INCLUDING BREACH OF WARRANTY, NEGLIGENCE AND STRICT LIABILITY IN TORT), OR OTHERWISE, SHALL A PARTY BE LIABLE TO THE OTHER PARTY (OR ANYONE CLAIMING UNDER OR THROUGH THE OTHER PARTY) FOR INDIRECT OR CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES ARISING OUT OF, RESULTING FROM, ON IN ANY WAY CONNECTED WITH THE PERFORMANCE OR BREACH OF THIS AGREEMENT, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. The foregoing shall not apply to [* * * ].
Liability Restrictions. 13.6.1 In respect of the Services, events giving rise to liability arising during the Term, the Parties are agreed that their respective liability to one another shall be limited in aggregate to a sum not exceeding three times the Charges paid or AUD $100,000 – whichever is the higher – whether the liability arises in contract, tort (including breach of warranty, negligence and strict liability in tort) or pursuant to statute or otherwise arising out of or in any way related to this Agreement, (“Default”) and whether or not there are multiple incidents of liability. To avoid doubt the figure represents the maximum exposure of the Parties to one another for liability arising out of or connected to this Agreement during the Term. General legal rules and construction concerning damages and liability will apply in determining whether or not the aggregate limit is reached.
Liability Restrictions. (a) SUBJECT TO SECTION 20.2(c), IN NO EVENT, WHETHER IN CONTRACT, IN TORT (INCLUDING BREACH OF WARRANTY, NEGLIGENCE AND STRICT LIABILITY IN TORT), OR OTHERWISE, SHALL A PARTY BE LIABLE TO THE OTHER PARTY (OR ANYONE CLAIMING UNDER OR THROUGH THE OTHER PARTY) FOR INDIRECT OR CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES ARISING OUT OF, RESULTING FROM, OR IN ANY WAY CONNECTED WITH THE PERFORMANCE OR BREACH OF THIS AGREEMENT OR ANY APPLICABLE SOW, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. D&B/Acxiom Confidential Information -80-
Liability Restrictions. 15.2.1 SUBJECT TO SECTION 15.2.2 BELOW, IN NO EVENT, WHETHER IN CONTRACT OR IN TORT (INCLUDING BREACH OF WARRANTY, NEGLIGENCE AND STRICT LIABILITY IN TORT), SHALL A PARTY BE LIABLE TO THE OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.
Liability Restrictions. (a) Subject to Subsection (e) of this Section, the liability of Vendor to Customer for all damages arising out of or related to the Services provided under this Schedule will be limited to, and will not exceed, in the aggregate during any calendar year, [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] percent ([*Material Omitted and Separately Filed Under an Application for Confidential Treatment]%) of the aggregate amounts paid to Vendor by Customer (excluding Out-of-Pocket Expenses) under this Schedule and the Original Agreement during the twelve (12) month period preceding the date of the event giving rise to such damages. Subject to Subsections (c) and (e) of this Section, the liability of Vendor to Customer for damages arising out of or related to Services provided under this Schedule caused by the acts or omissions of third parties beyond the reasonable control of Vendor will be further limited and will not exceed, in the aggregate during any calendar year, [*Material Omitted and Separately Filed Under an Application for Confidential Treatment] Dollars ($[*Material Omitted and Separately Filed Under an Application for Confidential Treatment]).
