LIMITATION OF CONTRACTOR’S LIABILITY. Except as specified in any separate writing between the Contractor and an END USER, Contractor’s total liability under this Agreement, whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise, but excluding its obligation to indemnify H-GAC, is limited to the price of the particular products/services sold hereunder, and Contractor agrees either to refund the purchase price or to repair or replace product(s) that are not as warranted. In no event will Contractor be liable for any loss of use, loss of time, inconvenience, commercial loss, loss of profits or savings or other incidental, special or consequential damages to the full extent such use may be disclaimed by law.Contractor understands and agrees that it shall be liable to repay and shall repay upon demand to END USER any amounts determined by H-GAC, its independent auditors, or any agency of State or Federal government to have been paid in violation of the terms of this Agreement.
LIMITATION OF CONTRACTOR’S LIABILITY. IN NO EVENT SHALL BOEING BE LIABLE TO OWNER AND ITS AFFILIATES AND ASSOCIATES IN AN AGGREGATE AMOUNT THAT EXCEEDS THE SUM OF THE TOTAL CONSIDERATION PAID BY OWNER TO BOEING FOR AUTHORIZED WORK UNDER THE ORIGINAL CONTRACT AND THIS CONTRACT. THE LIABILITY LIMITATION INCLUDES BUT IS NOT LIMITED TO LIQUIDATED DAMAGES, BOEING’S INCURRED COSTS (WHETHER INCURRED IN REPAIR OR REPLACEMENT OF DEFECTS IN DELIVERABLE ITEMS OR IN REPERFORMANCE OF SERVICES) OR ANY PRICE REDUCTIONS OR REFUNDS GRANTED TO OWNER UNDER ANY PROVISION OF THIS CONTRACT. THE LIMITATION OF LIABILITY WILL APPLY REGARDLESS OF THE FORUM IN WHICH THE CLAIM IS BROUGHT, WHETHER IN COURT OR IN ARBITRATION OR BY NOTICE TO BOEING TO REMEDY A DEFECT, OR WHETHER IT IS PAID AS A RESULT OF A SETTLEMENT. THE AMOUNT OF THE LIMITATION IS CUMULATIVE, AND IS EQUAL TO AN AMOUNT NOT TO EXCEED THE SUM OF THE TOTAL CONSIDERATION PAID BY OWNER TO BOEING UNDER THE ORIGINAL CONTRACT AND THIS CONTRACT. ONCE BOEING HAS PAID OWNER AN AMOUNT EQUAL TO THE LIMIT OF BOEING’S LIABILITY, THEN OWNER WILL NOT HAVE ANY FURTHER RIGHT TO RECEIVE MONEY FROM BOEING FOR ANY CLAIM.
LIMITATION OF CONTRACTOR’S LIABILITY. The Contractor’s total liability for all claims of any kind, whether as a result of breach of contract, delays, warranty, tort, negligence, strict liability or otherwise, for any loss or damage arising out of, connected with, or resulting from the Works, shall in no case exceed a sum equal to one hundred percent of the Lump Sum Price; provided, however, that the foregoing limitation shall not apply to any liability arising from gross negligence, fraud or willful misconduct of Contractor, or any of their employees or agents (the “Liability Cap”). The limitations of liability of Contractor hereunder shall not limit its obligations to perform the Works and achieve completion as provided under this Contract including achieving the Final Taking-Over Levels. The Contractor’s liability for liquidated damages under Section 9.6 shall not exceed twelve (12) percent of the Lump Sum Price and under Section 11.3 shall not exceed eight (8) percent of the Lump Sum Price and under both Sections 9.6 and 11.3 in the aggregate shall not exceed fifteen (15) percent of the Lump Sum Price. Notwithstanding the payment by the Contractor of any indemnification under this Contract, the Contractor shall complete the Works and achieve the Actual Project Acceptance Date. In any case, the Contractor’s liability shall not be limited, and no credit shall be issued against the Liability Cap, for:
LIMITATION OF CONTRACTOR’S LIABILITY. In accordance with Tenn. Code Ann. § 12-3-701, and excluding Contractor Incidental Damages (defined below) the Contractor’s and its Fulfillment Partner’s liability to any Participating State for all claims arising under this Participating Addendum shall be limited to an amount equal to two (2) times the Estimated Liability amount detailed in Special Terms and Conditions number 10, Page 15 and as may be amended. This limitation of liability is cumulative and not per incident. PROVIDED THAT in accordance with Tenn. Code Ann. § 12-3-701(b), in no event shall this Section limit the liability of the Contractor for:
LIMITATION OF CONTRACTOR’S LIABILITY. 20.4.1Notwithstanding anything else in this Framework Agreement or any Contract, the Contractor’s liability, and any requirement for the Contractor to indemnify CHED Services or its Affiliated Companies, under this Framework Agreement or any Contract, is limited as set out in this clause: (a)for all claims in relation to ***; (b)for all claims in relation to ***; (c)for all claims in relation to ***; (d)for all claims in relation to ***; (e)for all other claims, including in relation to ***. 20.4.2Notwithstanding anything else in this Framework Agreement or any Contract, the Contractor has no liability, and has no requirement to indemnify CHED Services or its Affiliated Companies, under this Framework Agreement or any Contract, for any consequential, indirect, special or exemplary damages or loss. 20.4.3Notwithstanding any other provision of this Framework Agreement, the Contractor’s total cumulative liability *** shall not exceed the ***. *** means ***.
LIMITATION OF CONTRACTOR’S LIABILITY. IF THE CONTRACTOR FAILS TO MEET ITS OBLIGATIONS TO PERFORM THE WORK UNDER THIS CONTRACT THE REMEDIES SET FORTH IN THIS Article AND IN Article 25 - WARRANTY (only for those items completed and delivered to the Purchaser under this Contract), AND IN Sub-Article 3.4 - LATE DELIVERY PENALTIES, IF INCURRED, SHALL BE THE SOLE COMPENSATION TO WHICH THE PURCHASER IS ENTITLED AND ARE IN LIEU OF ANY PENALTY, AND THE CONTRACTOR SHALL HAVE NO LIABILITY FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR FOR LOST REVENUES OR PROFITS.
LIMITATION OF CONTRACTOR’S LIABILITY. In accordance with Tenn. Code Ann. § 12-3-701, the Contractor’s liability for all claims arising under this Contract shall be limited to an amount equal to two (2) times the Maximum Liability amount detailed in Section C.1. and as may be amended, PROVIDED THAT in no event shall this Section limit the liability of the Contractor for: (i) intellectual property or any Contractor indemnity obligations for infringement for third- party intellectual property rights; (ii) any claims covered by any specific provision in the Contract providing for liquidated damages; or (iii) any claims for intentional torts, criminal acts, fraudulent conduct, or acts or omissions that result in personal injuries or death. For clarity, except as otherwise expressly set forth in this Section, Contractor’s indemnification obligations and other remedies available under this Contract are subject to the limitations on liability set forth in this Section.
LIMITATION OF CONTRACTOR’S LIABILITY