Common use of Limitation of Liabilities Clause in Contracts

Limitation of Liabilities. EXCEPT FOR THE PARTIES’ INDEMNIFICATION OBLIGATIONS AND CUSTOMER’S PAYMENT OBLIGATIONS HEREUNDER, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF A PARTY, ITS SERVICE PROVIDERS, LICENSORS, CONTRACTORS OR SUPPLIERS ARISING UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED THE TOTAL AMOUNT OF FEES PAID BY CUSTOMER TO PROVIDER FOR THE RELEVANT SUBSCRIPTION SERVICES, SOFTWARE OR PROFESSIONAL SERVICES WITHIN THE PRECEDING TWELVE (12) MONTHS. IN NO EVENT SHALL EITHER PARTY OR THEIR SERVICE PROVIDERS, LICENSORS CONTRACTORS OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DAMAGES FOR COVER OR LOSS OF USE, DATA, REVENUE OR PROFITS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES SHALL APPLY REGARDLESS OF THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.

Limitation of Liabilities. EXCEPT FOR THE PARTIES’ INDEMNIFICATION OBLIGATIONS AND CUSTOMER’S PAYMENT OBLIGATIONS HEREUNDER, IN NO EVENT SCALABLE SHALL THE AGGREGATE LIABILITY OF A PARTY, ITS SERVICE PROVIDERS, LICENSORS, CONTRACTORS OR SUPPLIERS ARISING UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED THE TOTAL AMOUNT OF FEES PAID BY CUSTOMER TO PROVIDER FOR THE RELEVANT SUBSCRIPTION SERVICES, SOFTWARE OR PROFESSIONAL SERVICES WITHIN THE PRECEDING TWELVE (12) MONTHS. IN NO EVENT SHALL EITHER PARTY OR THEIR SERVICE PROVIDERS, LICENSORS CONTRACTORS OR SUPPLIERS NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, INCIDENTALCOLLATERAL, CONSEQUENTIALSPECIAL, SPECIAL EXEMPLARY, PUNITIVE, OR PUNITIVE CONSEQUENTIAL DAMAGES, OR ANY DAMAGES OF ANY KIND(INCLUDING, INCLUDING WITHOUT LIMITATION LIMITATION, DAMAGES FOR COVER LOSS OF BUSINESS PROFIT OR BUSINESS INTERRUPTION) RESULTING FROM LOSS OF USE, DATA, REVENUE OR PROFITS, ARISING OUT OF OR IN CONNECTION WITH THIS LICENSE AGREEMENT, OR THE USE, INABILITY TO USE OR PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION FURNISHED UNDER THIS LICENSE AGREEMENT, WHETHER IN AN ACTION OF CONTRACT, TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, OR OTHER THEORY, EVEN IF SUCH PARTY HAS BEEN SCALABLE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, UNLESS SUCH DAMAGE HAS BEEN CAUSED BY SCALABLE’S WILLFUL MISCONDUCT. IN NO EVENT SHALL SCALABLE’S LIABILITY TO LICENSEE EXCEED THE FOREGOING LIMITATION OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES SHALL APPLY REGARDLESS AMOUNT PAID TO SCALABLE BY THE LICENSEE UNDER THIS LICENSE AGREEMENT IN THE TWELVE (12) MONTHS PRECEDING THE ACCRUAL OF THE SUCCESS OR EFFECTIVENESS CAUSE OF OTHER REMEDIESACTION.

Limitation of Liabilities. EXCEPT FOR THE PARTIES’ INDEMNIFICATION OBLIGATIONS AND CUSTOMER’S PAYMENT OBLIGATIONS HEREUNDER, IN NO EVENT SHALL THE AGGREGATE LIABILITY (a) REGARDLESS OF A PARTY, ITS SERVICE PROVIDERS, LICENSORS, CONTRACTORS OR SUPPLIERS ARISING UNDER ANY OTHER PROVISION OF THIS AGREEMENT, WHETHER IN CONTRACTNEITHER GROVE SOFTWARE NOR ITS AGENTS SHALL BE LIABLE FOR (1) ANY INDIRECT, TORT SPECIAL, PUNITIVE, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, EXCEED INCIDENTAL DAMAGES OR LOSSES (INCLUDING BUT NOT LIMITED TO LOST PROFITS) CAUSED EITHER BY ANY USE OF THE TOTAL AMOUNT OF FEES PAID BY CUSTOMER TO PROVIDER FOR THE RELEVANT SUBSCRIPTION SERVICES, SOFTWARE OR PROFESSIONAL SERVICES WITHIN BY THE PRECEDING TWELVE (12) MONTHS. IN NO EVENT INABILITY TO USE IT; NEITHER SHALL EITHER PARTY GROVE SOFTWARE OR THEIR SERVICE PROVIDERS, LICENSORS CONTRACTORS OR SUPPLIERS ITS AGENTS BE LIABLE FOR ANY SUCH DAMAGES CAUSED BY THE ACTS OF ANY SERVICE, PRODUCTS OR ACTIONS OF ANY OTHER PERSON. LICENSEE SHALL INDEMNIFY AND HOLD HARMLESS GROVE SOFTWARE FROM (1) ANY AND ALL LIABILITY FOR INJURY TO PERSONS OR PROPERTY OCCASIONED WHOLLY OR IN PART FROM THE USE OR ATTEMPTED USE OF THE SOFTWARE BY LICENSEE OR BY SOMEONE WHO EITHER TOOK OR RECEIVED THE SOFTWARE FROM LICENSEE, (2) ALL LIABILITY WITH RESPECT TO INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES CONSEQUENTIAL DAMAGES, AND (3) ALL EXPENSES, INCLUDING LEGAL AND EXPERT WITNESS FEES, INCURRED BY GROVE SOFTWARE IN THE DEFENSE OF ANY KIND, INCLUDING WITHOUT LIMITATION DAMAGES FOR COVER CLAIMS OR LOSS OF USE, DATA, REVENUE SUIT ARISING FROM THE USE OR PROFITS, EVEN IF SUCH PARTY HAS BEEN ADVISED ATTEMPTED USE OF THE POSSIBILITY OF SUCH DAMAGES. SOFTWARE BY LICENSEE OR BY SOMEONE WHO EITHER TOOK OR RECEIVED THE FOREGOING LIMITATION OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES SHALL APPLY REGARDLESS OF THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIESSOFTWARE FROM LICENSEE.

Limitation of Liabilities. EXCEPT LICENSOR SHALL NOT BE LIABLE TO LICENSEE IN CONNECTION WITH THIS AGREEMENT FOR (A) LOSS OF ACTUAL OR ANTICIPATED PROFIT, (B) LOSSES CAUSED BY BUSINESS INTERRUPTION, (C) LOSS OF GOODWILL OR REPUTATION, (D) LOSS OF OR CORRUPTION OF DATA, OR (E) ANY INDIRECT, PUNITIVE, EXEMPLARY, MULTIPLE, SPECIAL, OR CONSEQUENTIAL COST, EXPENSE, LOSS OR DAMAGE, EVEN IF SUCH COST, EXPENSE, LOSS OR DAMAGE WAS REASONABLY FORESEEABLE OR MIGHT REASONABLY HAVE BEEN CONTEMPLATED BY THE PARTIES’ INDEMNIFICATION OBLIGATIONS PARTIES AND CUSTOMER’S PAYMENT OBLIGATIONS HEREUNDER, IN NO EVENT SHALL THE AGGREGATE LIABILITY WHETHER ARISING FROM BREACH OF A PARTY, ITS SERVICE PROVIDERS, LICENSORS, CONTRACTORS OR SUPPLIERS ARISING UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT TORT, NEGLIGENCE, BREACH OF STATUTORY DUTY OR OTHERWISE, EXCEED . THE MAXIMUM LIABLITY OF LICENSOR (AND ITS LICENSOR) UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL IN AGGREGATE BE LIMITED THE TOTAL AMOUNT OF FEES PAID BY CUSTOMER TO PROVIDER FOR UNDER THIS AGREEMENT DURING THE RELEVANT SUBSCRIPTION SERVICES, SOFTWARE OR PROFESSIONAL SERVICES WITHIN THE PRECEDING TWELVE (12) MONTHS. IN NO MONTHS PRECEDING THE EVENT SHALL EITHER PARTY OR THEIR SERVICE PROVIDERS, LICENSORS CONTRACTORS OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DAMAGES FOR COVER OR LOSS OF USE, DATA, REVENUE OR PROFITS, EVEN IF GIVING RISE TO SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES SHALL APPLY REGARDLESS OF THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIESLIABILITY.

Limitation of Liabilities. EXCEPT FOR THE PARTIES’ INDEMNIFICATION OBLIGATIONS AND CUSTOMER’S PAYMENT OBLIGATIONS HEREUNDER, IN NO EVENT SHALL THE TOMIS’ AGGREGATE LIABILITY OF A PARTY, ITS SERVICE PROVIDERS, LICENSORS, CONTRACTORS OR SUPPLIERS ARISING UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED THE TOTAL AMOUNT OF FEES AMOUNTS ACTUALLY PAID BY CUSTOMER TO PROVIDER FOR SUBSCRIBER IN THE RELEVANT SUBSCRIPTION SERVICES, SOFTWARE OR PROFESSIONAL SERVICES WITHIN THE PRECEDING TWELVE (12) MONTHSMONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. EXCEPT WITH RESPECT TO (A) EACH PARTY’S RESPECTIVE INDEMNIFICATION OBLIGATIONS HEREUNDER, (B) EACH PARTY’S OBLIGATIONS UNDER SECTION 13, AND (C) GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT, IN NO EVENT SHALL EITHER PARTY AND/OR THEIR SERVICE PROVIDERS, ITS LICENSORS CONTRACTORS OR SUPPLIERS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE OTHER DAMAGES OF ANY KINDTYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SERVICE, INCLUDING WITHOUT LIMITATION DAMAGES BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE, OR FOR COVER ANY CONTENT OBTAINED FROM OR LOSS THROUGH THE SERVICE, ANY INTERRUPTION, INACCURACY, ERROR, OR OMISSION, REGARDLESS OF USE, DATA, REVENUE OR PROFITSCAUSE IN THE CONTENT, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR SUCH PARTY HAS PARTY’S LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES SHALL APPLY REGARDLESS OF THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.

Limitation of Liabilities. EXCEPT Terms and Conditions Page 3 (a) DESTINEER AND ITS AFFILIATES MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, CONCERNING THE SKYTEL SERVICES, THE SKYTEL NETWORK OR THE ANCILLARY SERVICES, AND HEREBY EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE. UNDER NO CIRCUMSTANCES SHALL DESTINEER OR ITS AFFILIATES BE LIABLE TO RESELLER OR ANY OTHER PERSON, INCLUDING, WITHOUT LIMITATION, SUBSCRIBERS, FOR ANY LOSS, INJURY, OR DAMAGE, OF WHATEVER KIND OR NATURE, RESULTING FROM OR ARISING OUT OF ANY MISTAKES, ERRORS, OMISSIONS, DELAYS OR INTERRUPTIONS IN THE PARTIES’ INDEMNIFICATION OBLIGATIONS RECEIPT, TRANSMISSION, OR STORAGE OF ANY MESSAGES, SIGNALS OR INFORMATION ARISING OUT OF OR IN CONNECTION WITH THE SKYTEL SERVICES OR USE OF THE SKYTEL NETWORK, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DESTINEER AND CUSTOMER’S PAYMENT OBLIGATIONS HEREUNDER, ITS AFFILIATES SHALL IN NO EVENT SHALL THE AGGREGATE LIABILITY OF A PARTY, ITS SERVICE PROVIDERS, LICENSORS, CONTRACTORS OR SUPPLIERS ARISING UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED THE TOTAL AMOUNT OF FEES PAID BY CUSTOMER TO PROVIDER FOR THE RELEVANT SUBSCRIPTION SERVICES, SOFTWARE OR PROFESSIONAL SERVICES WITHIN THE PRECEDING TWELVE (12) MONTHS. IN NO EVENT SHALL EITHER PARTY OR THEIR SERVICE PROVIDERS, LICENSORS CONTRACTORS OR SUPPLIERS BE LIABLE TO RESELLER OR ANY OTHER PERSON, INCLUDING, WITHOUT LIMITATION, SUBSCRIBER, FOR ANY INDIRECT, INCIDENTALINCIDENTAL OR SPECIAL DAMAGES, CONSEQUENTIALLOST PROFITS, SPECIAL LOST SAVINGS OR PUNITIVE ANY OTHER FORM OR CONSEQUENTIAL DAMAGES REGARDLESS OF ANY KIND, INCLUDING WITHOUT LIMITATION DAMAGES FOR COVER OR LOSS THE FORM OF USE, DATA, REVENUE OR PROFITSACTION, EVEN IF SUCH PARTY DESTINEER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION , WHETHER RESULTING FROM BREACH OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES SHALL APPLY REGARDLESS OF THE SUCCESS ITS OBLIGATIONS UNDER THIS AGREEMENT OR EFFECTIVENESS OF OTHER REMEDIESOTHERWISE.

Limitation of Liabilities. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT FOR THE PARTIES’ ANY BREACHES OF OR FOR LIABILITY ARISING OUT OF SECTION 3 (RESTRICTIONS), 5 (CONFIDENTIALITY) OR A PARTY’S INDEMNIFICATION OBLIGATIONS AND UNDER THIS AGREEMENT, OR CUSTOMER’S PAYMENT OBLIGATIONS HEREUNDEROBLIGATIONS, NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY IN NO EVENT SHALL CONNECTION WITH THIS AGREEMENT OR THE AGGREGATE LIABILITY SUBJECT MATTER HEREOF (UNDER ANY THEORY OF A PARTY, ITS SERVICE PROVIDERS, LICENSORS, CONTRACTORS OR SUPPLIERS ARISING UNDER THIS AGREEMENTLIABILITY, WHETHER IN CONTRACT, STATUTE, TORT OR OTHERWISE) FOR: (a) ANY LOST PROFITS, EXCEED THE TOTAL AMOUNT OF FEES PAID BY CUSTOMER TO PROVIDER FOR THE RELEVANT SUBSCRIPTION SERVICESLOST BUSINESS OPPORTUNITIES, SOFTWARE LOST DATA, OR PROFESSIONAL SERVICES WITHIN THE PRECEDING TWELVE (12) MONTHS. IN NO EVENT SHALL EITHER PARTY OR THEIR SERVICE PROVIDERS, LICENSORS CONTRACTORS OR SUPPLIERS BE LIABLE FOR ANY INDIRECTSPECIAL, INCIDENTAL, CONSEQUENTIAL, SPECIAL CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DAMAGES FOR COVER OR LOSS OF USE, DATA, REVENUE OR PROFITSDAMAGES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESDAMAGES OR LOSSES OR SUCH DAMAGES OR LOSSES WERE REASONABLY FORESEEABLE, OR (b) AN AMOUNT THAT EXCEEDS THE TOTAL FEES PAYABLE TO XXXXXXXX.XX FOR THE RELEVANT SAAS PRODUCT, DATA PRODUCT, OR PROFESSIONAL SERVICES DURING THE TWELVE-MONTH PERIOD BEFORE THE EVENT GIVING RISE TO SUCH LIABILITY. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY SPECIFIED IN THIS AGREEMENT. MULTIPLE CLAIMS SHALL NOT EXPAND THE FOREGOING LIMITATION OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES SHALL APPLY REGARDLESS OF THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIESLIMITATIONS SPECIFIED IN THIS SECTION 11.

Limitation of Liabilities. EXCEPT FOR THE PARTIES’ INDEMNIFICATION OBLIGATIONS AND CUSTOMER’S PAYMENT OBLIGATIONS HEREUNDER, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF A PARTY, ITS SERVICE PROVIDERS, LICENSORS, CONTRACTORS OR SUPPLIERS ARISING UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED THE TOTAL AMOUNT OF FEES PAID BY CUSTOMER TO PROVIDER FOR THE RELEVANT SUBSCRIPTION SERVICES, SOFTWARE OR PROFESSIONAL SERVICES APP WITHIN THE PRECEDING TWELVE (12) MONTHS. IN NO EVENT SHALL EITHER PARTY OR THEIR SERVICE PROVIDERS, LICENSORS CONTRACTORS OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DAMAGES FOR COVER OR LOSS OF USE, DATA, REVENUE OR PROFITS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES SHALL APPLY REGARDLESS OF THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.

Limitation of Liabilities. EXCEPT FOR THE PARTIES’ INDEMNIFICATION COMPANY’S INDEMNITY OBLIGATIONS AND CUSTOMER’S PAYMENT OBLIGATIONS HEREUNDERARISING UNDER SECTION 6 (INDEMNITY) WITH RESPECT TO SETTLEMENT AND/OR RESOLUTION OF THIRD-PARTY CLAIMS, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF A PARTY, ITS SERVICE PROVIDERS, LICENSORS, CONTRACTORS OR SUPPLIERS ARISING AND UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED THE TOTAL AMOUNT OF FEES PAID BY CUSTOMER TO PROVIDER FOR THE RELEVANT SUBSCRIPTION SERVICES, SOFTWARE OR PROFESSIONAL SERVICES WITHIN THE PRECEDING TWELVE (12) MONTHS. IN NO EVENT SHALL EITHER PARTY OR THEIR SERVICE PROVIDERS, LICENSORS CONTRACTORS OR SUPPLIERS CIRCUMSTANCES WILL COMPANY BE LIABLE FOR ANY LOST REVENUE, PROFIT, BUSINESS INTERRUPTION, LOSS OF CAPITAL, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES HOWSOEVER CAUSED AND REGARDLESS OF ANY KIND, INCLUDING WITHOUT LIMITATION DAMAGES FOR COVER THE THEORY OF LIABILITY OR LOSS WHETHER ARISING OUT OF USE, DATA, REVENUE THE USE OF OR PROFITS, INABILITY TO USE SOFTWARE OR OTHERWISE AND EVEN IF SUCH PARTY CUSTOMER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR COMPANY’S INDEMNITY OBLIGATIONS ARISING UNDER SECTION 6 (INDEMNITY) WITH RESPECT TO SETTLEMENT AND/OR RESOLUTION OF THIRD-PARTY CLAIMS, IN NO EVENT SHALL COMPANY’S AGGREGATE MAXIMUM LIABILITY TO CUSTOMER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTY, OR OTHERWISE, EXCEED THE SUBSCRIPTION FEES RECEIVED BY COMPANY FROM CUSTOMER IN THE TWELVE (12) MONTH PERIOD PURSUANT TO THE ORDER FORM UNDER WHICH SUCH LIABILITY AROSE. THE FOREGOING LIMITATION LIMITATIONS SHALL REMAIN EFFECTIVE EVEN IF CUSTOMER’S REMEDIES FAIL OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES SHALL APPLY REGARDLESS THEIR ESSENTIAL PURPOSE. IF APPLICABLE LAW LIMITS THE APPLICATION OF THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIESFOREGOING LIMITATIONS, LICENSOR’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMISSIBLE.

Limitation of Liabilities. EXCEPT (a) DESTINEER AND ITS AFFILIATES MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, CONCERNING THE SKYTEL SERVICES, THE SKYTEL NETWORK OR THE ANCILLARY SERVICES, AND HEREBY EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE. UNDER NO CIRCUMSTANCES SHALL DESTINEER OR ITS AFFILIATES BE LIABLE TO RESELLER OR ANY OTHER PERSON, INCLUDING, WITHOUT LIMITATION, SUBSCRIBERS, FOR ANY LOSS, INJURY, OR DAMAGE, OF WHATEVER KIND OR NATURE, RESULTING FROM OR ARISING OUT OF ANY MISTAKES, ERRORS, OMISSIONS, DELAYS, OR INTERRUPTIONS IN THE PARTIES’ INDEMNIFICATION OBLIGATIONS RECEIPT, TRANSMISSION, OR STORAGE OF ANY MESSAGES, SIGNALS OR INFORMATION ARISING OUT OF OR IN CONNECTION WITH THE SKYTEL SERVICES OR USE OF THE SKYTEL NETWORK. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DESTINEER AND CUSTOMER’S PAYMENT OBLIGATIONS HEREUNDER, ITS AFFILIATES SHALL IN NO EVENT SHALL THE AGGREGATE LIABILITY OF A PARTY, ITS SERVICE PROVIDERS, LICENSORS, CONTRACTORS OR SUPPLIERS ARISING UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED THE TOTAL AMOUNT OF FEES PAID BY CUSTOMER TO PROVIDER FOR THE RELEVANT SUBSCRIPTION SERVICES, SOFTWARE OR PROFESSIONAL SERVICES WITHIN THE PRECEDING TWELVE (12) MONTHS. IN NO EVENT SHALL EITHER PARTY OR THEIR SERVICE PROVIDERS, LICENSORS CONTRACTORS OR SUPPLIERS BE LIABLE TO RESELLER OR ANY OTHER PERSON, INCLUDING, WITHOUT LIMITATION, SUBSCRIBERS, FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIALOR SPECIAL DAMAGES, SPECIAL LOST PROFITS, LOST SAVINGS, OR PUNITIVE DAMAGES ANY OTHER FORM OF ANY KINDCONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR COVER OR LOSS REGARDLESS OF USE, DATA, REVENUE OR PROFITSTHE FORM OF ACTION, EVEN IF SUCH PARTY DESTINEER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION , WHETHER RESULTING FROM BREACH OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES SHALL APPLY REGARDLESS OF THE SUCCESS ITS OBLIGATIONS UNDER THIS AGREEMENT OR EFFECTIVENESS OF OTHER REMEDIESOTHERWISE.

Limitation of Liabilities. EXCEPT FOR THE PARTIES’ INDEMNIFICATION OBLIGATIONS AND CUSTOMER’S PAYMENT OBLIGATIONS HEREUNDER, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF A PARTY, ITS SERVICE PROVIDERS, LICENSORS, CONTRACTORS OR SUPPLIERS ARISING UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED THE TOTAL AMOUNT OF FEES PAID BY CUSTOMER TO PROVIDER FOR THE RELEVANT SUBSCRIPTION SERVICES, SOFTWARE OR PROFESSIONAL SERVICES WITHIN THE PRECEDING TWELVE (12) MONTHS. IN NO EVENT SHALL EITHER PARTY OR THEIR SERVICE PROVIDERS, LICENSORS CONTRACTORS OR SUPPLIERS WILL LICENSOR BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA, COST OF COVER OR INDIRECT, INCIDENTALSPECIAL, CONSEQUENTIAL, SPECIAL INCIDENTAL OR PUNITIVE CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING WITHOUT LIMITATION DAMAGES FOR COVER OR LOSS OF USE, DATA, REVENUE OR PROFITSNEGLIGENCE, EVEN IF SUCH PARTY LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL LICENSOR BE LIABLE TO LICENSEE OR ANY SUBLICENSEE OR ANY OTHER ENTITY FOR ANY DAMAGES OR LOSS CAUSED BY DELAY IN DELIVERY OR FURNISHING OF DATA USING THE INTELLECTUAL PROPERTY. IN ADDITION, LICENSOR SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND WHATSOEVER IN EXCESS OF TWO MILLION FIVE HUNDRED THOUSAND DOLLARS ($2,500,000.00). THE FOREGOING LIMITATION OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES LIMITATIONS SHALL NOT APPLY REGARDLESS TO (I) INDEMNIFICATION OBLIGATIONS; (II) ANY CLAIMS FOR PERSONAL INJURY OR DEATH, OR DAMAGE TO PROPERTY; OR (III) ANY CLAIMS BASED UPON LICENSOR'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; OR (IV) BREACHES OF THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIESCONFIDENTIALITY OBLIGATIONS.

Limitation of Liabilities. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT FOR THE PARTIES’ ANY BREACHES OF OR FOR LIABILITY ARISING OUT OF SECTION 3 (RESTRICTIONS), 5 (CONFIDENTIALITY) OR A PARTY’S INDEMNIFICATION OBLIGATIONS AND UNDER THIS AGREEMENT, OR CUSTOMER’S PAYMENT OBLIGATIONS HEREUNDEROBLIGATIONS, NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY IN NO EVENT SHALL CONNECTION WITH THIS AGREEMENT OR THE AGGREGATE LIABILITY SUBJECT MATTER HEREOF (UNDER ANY THEORY OF A PARTY, ITS SERVICE PROVIDERS, LICENSORS, CONTRACTORS OR SUPPLIERS ARISING UNDER THIS AGREEMENTLIABILITY, WHETHER IN CONTRACT, STATUTE, TORT OR OTHERWISE) FOR: (a) ANY LOST PROFITS, EXCEED THE TOTAL AMOUNT OF FEES PAID BY CUSTOMER TO PROVIDER FOR THE RELEVANT SUBSCRIPTION SERVICESLOST BUSINESS OPPORTUNITIES, SOFTWARE LOST DATA, OR PROFESSIONAL SERVICES WITHIN THE PRECEDING TWELVE (12) MONTHS. IN NO EVENT SHALL EITHER PARTY OR THEIR SERVICE PROVIDERS, LICENSORS CONTRACTORS OR SUPPLIERS BE LIABLE FOR ANY INDIRECTSPECIAL, INCIDENTAL, CONSEQUENTIAL, SPECIAL CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DAMAGES FOR COVER OR LOSS OF USE, DATA, REVENUE OR PROFITSDAMAGES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESDAMAGES OR LOSSES OR SUCH DAMAGES OR LOSSES WERE REASONABLY FORESEEABLE, OR (b) AN AMOUNT THAT EXCEEDS THE TOTAL FEES PAYABLE TO Genymobile FOR THE RELEVANT PRODUCT OR SERVICE DURING THE TWELVE-MONTH PERIOD BEFORE THE EVENT GIVING RISE TO SUCH LIABILITY. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY SPECIFIED IN THIS AGREEMENT. MULTIPLE CLAIMS SHALL NOT EXPAND THE FOREGOING LIMITATION OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES SHALL APPLY REGARDLESS OF THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIESLIMITATIONS SPECIFIED IN THIS SECTION 11.

Limitation of Liabilities. EXCEPT FOR TO THE PARTIES’ INDEMNIFICATION OBLIGATIONS MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GRANICUS AND CUSTOMER’S PAYMENT OBLIGATIONS HEREUNDER, IN NO EVENT ITS SUPPLIERS AND LICENSORS SHALL THE AGGREGATE LIABILITY OF A PARTY, ITS SERVICE PROVIDERS, LICENSORS, CONTRACTORS OR SUPPLIERS ARISING UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED THE TOTAL AMOUNT OF FEES PAID BY CUSTOMER TO PROVIDER FOR THE RELEVANT SUBSCRIPTION SERVICES, SOFTWARE OR PROFESSIONAL SERVICES WITHIN THE PRECEDING TWELVE (12) MONTHS. IN NO EVENT SHALL EITHER PARTY OR THEIR SERVICE PROVIDERS, LICENSORS CONTRACTORS OR SUPPLIERS NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OF ANY KINDDAMAGES, WHETHER FORESEEABLE OR NOT, INCLUDING WITHOUT LIMITATION BUT NOT LIMITED TO: THOSE ARISING OUT OF ACCESS TO OR INABILITY TO ACCESS THE SERVICES, SOFTWARE, CONTENT, OR RELATED TECHNICAL SUPPORT; DAMAGES FOR COVER OR COSTS RELATING TO THE LOSS OF: PROFITS OR REVENUES, GOODWILL, DATA (INCLUDING LOSS OF USE, USE OR OF DATA, REVENUE LOSS OR PROFITSINACCURACY OR CORRUPTION OF DATA); OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESDAMAGES AND EVEN IN THE EVENT OF THE FAILURE OF ANY EXCLUSIVE REMEDY. IN NO EVENT WILL GRANICUS’S AND ITS SUPPLIERS’ AND LICENSORS’ LIABILITY EXCEED THE FOREGOING LIMITATION OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES SHALL APPLY AMOUNTS PAID BY CITY UNDER THIS AGREEMENT REGARDLESS OF THE SUCCESS FORM OF THE CLAIM (INCLUDING WITHOUT LIMITATION, ANY CONTRACT, PRODUCT LIABILITY, OR EFFECTIVENESS OF OTHER REMEDIESTORT CLAIM (INCLUDING NEGLIGENCE), STATUTORY OR OTHERWISE.