Common use of Limitation of Liability and Disclaimer of Warranty Clause in Contracts

Limitation of Liability and Disclaimer of Warranty. SBC makes no warranty of any kind as to any services offered hereunder, either expressed or implied, including, but not limited to, all implied warranties of merchantability and fitness for a particular purpose. SBC’s AGGREGATE LIABILITY TO CUSTOMER FOR ALL DAMAGES IS LIMITED TO AN AMOUNT NOT TO EXCEED THE CHARGES FOR THE PARTICULAR SERVICES GIVING RISE TO THE LIABILITY DURING THE CONTRACT TERM OR RENEWAL TERM IN WHICH THE LIABILITY AROSE. CUSTOMER RELEASES SBC FROM ANY LIABILITY IN EXCESS OF THIS AMOUNT. IN NO EVENT SHALL SBC BE LIABLE TO CUSTOMER FOR ANY INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOST REVENUES, PROFITS OR SAVINGS, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER WAIVES ANY CLAIM AGAINST SBC FOR PUNITIVE OR EXEMPLARY DAMAGES. WITHOUT IN ANY WAY LIMITING THE APPLICATION OF THE PARAGRAPHS ABOVE, THE RIGHT TO RECOVER DAMAGES WITHIN THE LIMITATIONS SPECIFIED IN THIS SECTION IS CUSTOMER’S EXCLUSIVE ALTERNATIVE REMEDY IN THE EVENT THAT ANY OTHER CONTRACTUAL REMEDY FAILS OF ITS ESSENTIAL PURPOSE.