Limitation of Liability and Claims. SELLER'S AGGREGATE LIABILITY IN DAMAGES OR OTHERWISE SHALL IN NO EVENT EXCEED THE AMOUNT, IF ANY, RECEIVED BY SELLER HEREUNDER. IN NO EVENT SHALL SELLER BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL OR SPECIAL LOSS OR DAMAGES OF ANY KIND, HOWEVER CAUSED, OR ANY PUNITIVE, EXEMPLARY OR OTHER DAMAGES. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT OR PRODUCTS OR SERVICES FURNISHED BY SELLER MAY BE BROUGHT BY BUYER MORE THAN ONE (1)
Limitation of Liability and Claims. Hollister-Stier shall not be liable to Client for xxxxxxxx, xxxxxal, punitive, or consequential damages of any kind, including without limitation lost profits or loss of good will or otherwise. Neither Party's liability to the other under this Agreement shall exceed five million dollars ($5,000,000.00).
Limitation of Liability and Claims. SELLER’S AGGREGATE LIABILITY IN DAMAGES OR OTHERWISE UNDER THIS AGREEMENT SHALL IN NO EVENT EXCEED THE TOTAL AMOUNT IF ANY, RECEIVED BY SELLER HEREUNDER. BUYER’S AGGREGATE LIABILITY IN DAMAGES OR OTHERWISE UNDER THIS AGREEMENT SHALL IN NO EVENT EXCEED THE TOTAL AMOUNT, IF ANY, OWED HEREUNDER. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER OR ANY THIRD PARTY FOR INCIDENTAL, CONSEQUENTIAL OR SPECIAL LOSS OR DAMAGES OF ANY KIND ARISING UNDER OR RELATED TO THIS AGREEMENT, HOWEVER CAUSED, OR ANY PUNITIVE, EXEMPLARY OR OTHER DAMAGES.
Limitation of Liability and Claims. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY CLAIM FOR DAMAGES BASED UPON LOST PROFITS OR LOST BUSINESS OPPORTUNITY, WHETHER IN CONTRACT, WARRANTY, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHERWISE EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, EXCEPT TO THE EXTENT THAT SUCH DAMAGES ARE AWARDED TO A THIRD PARTY IN A CLAIM AGAINST AN INDEMNITEE FOR WHICH AN INDEMNITOR IS RESPONSIBLE FOR INDEMNIFICATION HEREUNDER AND FOR WHICH THE INDEMNIFICATION PROCEDURES WERE PROPERLY FOLLOWED BY INDEMNITEE. IN NO EVENT SHALL SUPPLIER’S MAXIMUM LIABILITY TO COMPANY UNDER THIS AGREEMENT, INCLUDING ANY AND ALL RECALL OR INDEMNITY OBLIGATIONS EXCEED *** ($***).
Limitation of Liability and Claims. Except for (i) DPC's obligations under Section 8.2 in respect of indemnification for third party claims arising out or in connection with DPC's negligent acts or omissions, and (ii) DPC's obligations pursuant to Article 7, in no event shall the collective, aggregate liability of DPC and its Affiliates and its and their respective directors, officers, employees and agents under this Agreement exceed [. . .***. . .].
Limitation of Liability and Claims. In no event shall either party be liable to the other party for incidental, special, consequential or punitive damages, including, but not limited to, any claim for damages based upon lost profits. No action, regardless of form, arising out of or in any way connected with this Agreement or Products or services furnished by Catalytica may be brought by ORPHAN more than [ * ] after the cause of action accrued.
Limitation of Liability and Claims. In no event shall either Party be liable to the other Party for incidental, special, consequential or punitive damages, including, but not limited to, any claim for damages based upon lost profits. In addition, in no event shall the collective, aggregate liability of POZEN and its Affiliates and its and their respective directors, officers, employees and agents under this Agreement exceed [* *]per annum.
Limitation of Liability and Claims. Neither Party shall be liable to the other Party for indirect, special, punitive, or consequential damages of any kind, including without limitation lost profits or loss of good will or otherwise. Neither Party's liability to the other under this Agreement shall exceed Five Million Dollars ($5,000,000).
Limitation of Liability and Claims. Seller assumes liability for any personal injury or property damage that has been directly caused by the products without any modification or misuse, and used based on the written instructions of Seller. The remedies in this Agreement are Xxxxx's sole and exclusive remedies. To the extent Seller is held legally liable to Buyer hereunder (including without limitation with respect to Section 9), Seller’s liability is limited to the lesser of (a) amounts paid to Seller under the relevant purchase contract. and (b) U.S. $100,000 (whichever the lower). In no event will Seller or its subsidiaries, affiliates, subcontractors and suppliers be liable for any of the following: (a) actual loss or direct damage that is not listed above; (b) damages for loss of data, or software restoration; (c) damages relating to Buyer's procurement of substitute products or services (i.e., "cost of cover"); or (d) indirect, incidental, punitive, special or consequential damages, including downtime costs and lost profits or revenues. Apart from warranties and liabilities expressly stipulated in this Agreement, Seller disclaims all liability regardless of the cause in law.
Limitation of Liability and Claims. Regardless of any damage that the user of the software could suffer for any reason what- soever (including but not limited to any of the damage set out above and any direct or general damage), KUKA AG’s entire liability and the only right of the user pursuant to any of the provisions of this License Agreement is limited to the amount actually paid for the use of the software or to the license fee actually paid for a maximum of 12 months.
