Limit on Direct Damages. EACH PARTY (AND THEIR RESPECTIVE LICENSORS’, AFFILIATES’, EMPLOYEES’, OFFICERS’, DIRECTORS’, CONTRACTORS’, DISTRIBUTORS’ AND AGENTS’) AGGREGATE CUMULATIVE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL BE LIMITED TO DIRECT DAMAGES ONLY NOT EXCEEDING THE LOWER AMOUNT BETWEEN THE FEES PAID BY CUSTOMER DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR THE APPLICABLE PRODUCT WHICH GAVE RISE TO THE CLAIM OR THE TOTAL AMOUNT PROVIDED IN THE ORDER FORM FROM WHICH THE DAMAGES RESULT .
Limit on Direct Damages. Except for your breach of the license restrictions in clause 2 and its confidentiality obligations in clause 4, the aggregate, cumulative liability of each party (including its directors, officers, employees, representatives, agents and suppliers) under this agreement shall be limited to the fees paid or payable by you to us during the twelve month period prior to the event giving rise to any claim.
Limit on Direct Damages. To the maximum extent permitted by law, Customer agrees that none of the Mediacom Parties shall be liable (whether based on contract, warranty, negligence, strict liability or any other legal or equitable theory or cause of action) for damages directly or indirectly arising out of, resulting from or relating to this Agreement or its subject matter,
Limit on Direct Damages. IN NO EVENT SHALL GATOR’S TOTAL AGGREGATE LIABILITY TO OVERTURE UNDER THIS AGREEMENT EXCEED THE GREATER OF (I) ALL AMOUNTS PAID OR PAYABLE TO GATOR UNDER THIS AGREEMENT IN THE PREVIOUS [***] ([***])[***] OR (II) [***] DOLLARS ($[***]) OR (III) IN THE EVENT OF AN UNCURED BREACH OF SECTION 8.2, TERMINATION PRIOR TO CHANGE IN CONTROL, ALL AMOUNTS PAYABLE TO OVERTURE THEREUNDER. IN NO EVENT SHALL OVERTURE’S TOTAL AGGREGATE LIABILITY TO GATOR UNDER THIS AGREEMENT EXCEED THE GREATER OF (I) ALL AMOUNTS THEN OWING TO GATOR UNDER THIS AGREEMENT, (II) [***] DOLLARS ($[***]) OR (III) IN THE EVENT OF AN UNCURED BREACH OF SECTION 6.2, [***], OR SECTION 8.2, TERMINATION PRIOR TO CHANGE IN CONTROL, ALL AMOUNTS PAYABLE TO GATOR UNDER SUCH SECTION. *** Confidential treatment has been requested for portions of this exhibit. The copy filed herewith omits the information subject to the confidentiality request. Omissions are designated as [***]. A complete version of this exhibit has been filed separately with the Securities and Exchange Commission.
Limit on Direct Damages. Except as set forth in Section 14.3 below, in no event shall either Party’s aggregate liability exceed three (3) times the total amounts paid or payable by Anthem to Castlight hereunder. For the avoidance of doubt, amounts paid or payable include, but are not limited to, implementation and customization fees paid or payable by Anthem to Castlight. Any amount owed by Castlight to Anthem in the way of service credits based upon a failure to meet the Service Levels set forth on Exhibit G attached hereto, shall not count toward any calculation of damages under this section.
Limit on Direct Damages. IN NO EVENT SHALL GATOR’S TOTAL AGGREGATE LIABILITY TO OVERTURE UNDER THIS AGREEMENT EXCEED THE GREATER OF (I) ALL AMOUNTS PAID OR PAYABLE TO GATOR UNDER THIS AGREEMENT IN THE PREVIOUS [***] OR (II) [***] DOLLARS ($[***]). IN NO EVENT SHALL OVERTURE’S TOTAL AGGREGATE LIABILITY TO GATOR UNDER THIS AGREEMENT EXCEED THE GREATER OF (I) ALL AMOUNTS EARNED BY OVERTURE, BUT NOT PAID TO GATOR UNDER SECTION 4.1 (PAYMENT), BY PROVIDING OVERTURE RESULTS UNDER THIS AGREEMENT IN THE PREVIOUS [***], (II) [***] DOLLARS ($[***]), OR (III) IN THE EVENT OF AN UNCURED BREACH OF SECTION 7.1 (DECLINE IN PPC) OR SECTION 8.1 ([***]), ALL AMOUNTS PAYABLE TO GATOR UNDER SUCH SECTIONS.
Limit on Direct Damages. 13.2.1 In no event shall a Party’s aggregate liability exceed the amount paid by WellPoint to Supplier in the twelve (12) months immediately preceding the month in which the event occurred or dispute arose giving rise to the claim for damages. Any amount owed by Supplier to WellPoint in the way of Service credits and a failed service level agreement as set forth in a Statement of Work, if applicable, shall not count toward any calculation of damages under this section.
Limit on Direct Damages. To the maximum extent permitted by law, Customer agrees that none of the Mediacom Parties shall be liable (whether based on contract, warranty, negligence, strict liability or any other legal or equitable theory or cause of action) for damages directly or indirectly arising out of, resulting from or relating to this Agreement or its subject matter, performance, nonperformance or breach, any of the Mediacom Facilities or any Mediacom Service in an amount that is, in the aggregate, for any and all persons and any and all claims, in excess of the lesser of (i) the Monthly Service Fees actually paid to Mediacom by Customer during the three months ended most recently before the date liability for such damages arose or (ii) Five Hundred Dollars.
Limit on Direct Damages. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL EITHER PARTY’S (OR THEIR AFFILIATES’) TOTAL AND CUMULATIVE LIABILITY, FOR ALL CLAIMS OF ANY NATURE ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE REDIS PRODUCTS AND SERVICES PROVIDED HEREUNDER EXCEED THE TOTAL FEES PAID BY CUSTOMER TO REDIS FOR COMMERCIAL SUBSCRIPTIONS IN THE TWELVE (12) MONTHS PRECEDING THE DATE OF THE FIRST EVENT WHICH GIVES RISE TO LIABILITY UNDER THIS AGREEMENT.
