Common use of Limitation of Liability; Exclusion of Consequential Damages Clause in Contracts

Limitation of Liability; Exclusion of Consequential Damages. IN NO EVENT SHALL XXXXXXX’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER HEREUNDER IN THE 12 MONTHS PRECEDING THE INCIDENT GIVING RISE TO SUCH CLAIM, NOT TO EXCEED THE MANUFACTURER’S RETAIL PRICE FOR THE APPLICABLE EQUIPMENT. IN NO EVENT SHALL XXXXXXX BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES OF ANY NATURE IN CONNECTION WITH THIS AGREEMENT AND THE SERVICES OR SOFTWARE PROVIDED HEREUNDER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR: LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR DATA STORAGE, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF XXXXXXX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Limitation of Liability; Exclusion of Consequential Damages. 19.1 EXCEPT FOR CLAIMS ARISING AS A RESULT OF (A) A PARTY’S BREACH OF ITS CONFIDENTIALITY OBLIGATIONS UNDER SECTION 22 AND (B) A PARTY’S INDEMNIFICATION OBLIGATIONS WITH RESPECT TO THIRD PARTY LOSSES UNDER SECTION 18: (I) NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY LOST PROFITS, SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, ARISING FROM THE PERFORMANCE OF, OR RELATING TO, THIS AGREEMENT REGARDLESS OF WHETHER SUCH PARTY HAS BEEN NOTIFIED OF THE POSSIBILITY OF, OR THE FORESEEABILITY OF, SUCH DAMAGES, AND (II) IN NO EVENT SHALL XXXXXXX’ AGGREGATE EITHER PARTY’S LIABILITY ARISING OUT FOR DAMAGES HEREUNDER EXCEED, WITH RESPECT TO ANY SERVICES, THE AMOUNT OF OR RELATED FEES PAID BY SERVICE RECIPIENT TO SERVICE PROVIDER UNDER THIS AGREEMENT, WHETHER IN CONTRACTSOLELY TO THE EXTENT RELATED TO THE SERVICES HEREUNDER, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER HEREUNDER EXCEPT IN THE 12 MONTHS PRECEDING THE INCIDENT GIVING RISE TO CASE OF SUCH CLAIM, NOT TO EXCEED THE MANUFACTURERPARTY’S RETAIL PRICE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. FOR THE APPLICABLE EQUIPMENT. AVOIDANCE OF DOUBT, NOTHING IN NO EVENT THIS SECTION 19.1 SHALL XXXXXXX BE LIABLE LIMIT SERVICE RECIPIENT’S LIABILITY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES OF ANY NATURE IN CONNECTION WITH THIS AGREEMENT AND THE SERVICES OR SOFTWARE PROVIDED HEREUNDER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR: LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR DATA STORAGE, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT PAYMENT OF THE USE OR INABILITY TO USE FEES AND REIMBURSABLE COSTS IN ACCORDANCE WITH THE SOFTWARE, EVEN IF XXXXXXX HAS BEEN ADVISED TERMS OF THE POSSIBILITY OF SUCH DAMAGESTHIS AGREEMENT.

Limitation of Liability; Exclusion of Consequential Damages. IN NO EVENT SHALL XXXXXXX’ AGGREGATE LIABILITY ARISING OUT OF (EXCEPT WITH RESPECT TO SECTION 3) WILL EITHER PARTY (OR RELATED TO THIS AGREEMENTITS OFFICERS, WHETHER IN CONTRACTDIRECTORS, TORT EMPLOYEES, MEMBERS, MANAGERS OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER HEREUNDER IN THE 12 MONTHS PRECEDING THE INCIDENT GIVING RISE TO SUCH CLAIM, NOT TO EXCEED THE MANUFACTURER’S RETAIL PRICE FOR THE APPLICABLE EQUIPMENT. IN NO EVENT SHALL XXXXXXX AGENTS) BE LIABLE FOR ANY SPECIAL, INDIRECT, SPECIALINCIDENTAL, CONSEQUENTIALPUNITIVE, INCIDENTAL EXEMPLARY OR EXEMPLARY CONSEQUENTIAL DAMAGES OF ANY NATURE IN CONNECTION WITH THIS AGREEMENT AND THE SERVICES OR SOFTWARE PROVIDED HEREUNDER, (INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, DAMAGES FOR: LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION REPUTATION OR DATA STORAGE, LOSS COSTS OF GOODWILL, COMPUTER FAILURE SUBSTITUTE SERVICES) THAT THE OTHER PARTY MAY INCUR OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EXPERIENCE ARISING OUT OF THE USE OR INABILITY RELATING TO USE THE SOFTWARE, THE SERVICES, THE SYSTEM, THIS AGREEMENT OR ITS TERMINATION, EVEN IF XXXXXXX HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. FURTHER, THE SOLE LIABILITY OF PREFECT (AND ITS OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES AND AGENTS, AND AFFILIATES THEREOF) TO CLIENT FOR DAMAGES FOR ANY CAUSE WHATSOEVER NOTWITHSTANDING THE FORM OF SUCH DAMAGESCLAIMS (INCLUDING NEGLIGENCE) SHALL BE LIMITED TO AN AMOUNT NOT EXCEEDING THE TOTAL FEES PAID BY CLIENT TO PREFECT DURING THE TWELVE (12) MONTHS PRECEDING THE DATE ON WHICH THE CLAIM AROSE (OR $100 IF CLIENT IS USING THE SERVICES WITHOUT CHARGE).

Limitation of Liability; Exclusion of Consequential Damages. 19.1 EXCEPT FOR CLAIMS ARISING AS A RESULT OF (A) A PARTY’S BREACH OF ITS CONFIDENTIALITY OBLIGATIONS UNDER SECTION 22 AND (B) A PARTY’S INDEMNIFICATION OBLIGATIONS WITH RESPECT TO THIRD PARTY LOSSES UNDER SECTION 18: (I) NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY LOST PROFITS, SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, ARISING FROM THE PERFORMANCE OF, OR RELATING TO, THIS AGREEMENT REGARDLESS OF WHETHER SUCH PARTY HAS BEEN NOTIFIED OF THE POSSIBILITY OF, OR THE FORESEEABILITY OF, SUCH DAMAGES AND (II) IN NO EVENT SHALL XXXXXXX’ AGGREGATE EITHER PARTY’S LIABILITY ARISING OUT FOR DAMAGES HEREUNDER EXCEED WITH RESPECT TO ANY SERVICES, THE AMOUNT OF OR THE ECONOMIC BENEFIT CALCULATED IN ACCORDANCE WITH SECTION 11.1.2(a) SOLELY TO THE EXTENT RELATED TO THE SERVICES HEREUNDER, EXCEPT IN THE CASE OF SUCH PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. FOR THE AVOIDANCE OF DOUBT, NOTHING IN THIS SECTION 19.1 SHALL LIMIT EITHER PARTY’S LIABILITY FOR PAYMENT OBLIGATIONS IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER HEREUNDER IN THE 12 MONTHS PRECEDING THE INCIDENT GIVING RISE TO SUCH CLAIM, NOT TO EXCEED THE MANUFACTURER’S RETAIL PRICE FOR THE APPLICABLE EQUIPMENT. IN NO EVENT SHALL XXXXXXX BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES OF ANY NATURE IN CONNECTION WITH THIS AGREEMENT AND THE SERVICES OR SOFTWARE PROVIDED HEREUNDER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR: LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR DATA STORAGE, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF XXXXXXX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Limitation of Liability; Exclusion of Consequential Damages. IN NO EVENT SHALL XXXXXXX’ AGGREGATE LIABILITY ARISING OUT OF (EXCEPT WITH RESPECT TO SECTION 3) WILL EITHER PARTY (OR RELATED TO THIS AGREEMENTITS OFFICERS, WHETHER IN CONTRACTDIRECTORS, TORT EMPLOYEES, MEMBERS, MANAGERS OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER HEREUNDER IN THE 12 MONTHS PRECEDING THE INCIDENT GIVING RISE TO SUCH CLAIM, NOT TO EXCEED THE MANUFACTURER’S RETAIL PRICE FOR THE APPLICABLE EQUIPMENT. IN NO EVENT SHALL XXXXXXX AGENTS) BE LIABLE FOR ANY SPECIAL, INDIRECT, SPECIALINCIDENTAL, CONSEQUENTIALPUNITIVE, INCIDENTAL EXEMPLARY OR EXEMPLARY CONSEQUENTIAL DAMAGES OF ANY NATURE IN CONNECTION WITH THIS AGREEMENT AND THE SERVICES OR SOFTWARE PROVIDED HEREUNDER, (INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO, DAMAGES FOR: LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION REPUTATION OR DATA STORAGE, LOSS COSTS OF GOODWILL, COMPUTER FAILURE SUBSTITUTE SERVICES) THAT THE OTHER PARTY MAY INCUR OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EXPERIENCE ARISING OUT OF THE USE OR INABILITY RELATING TO USE THE SOFTWARE, THE SERVICES, THE SYSTEM, THIS AGREEMENT OR ITS TERMINATION, EVEN IF XXXXXXX HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. FURTHER, THE SOLE LIABILITY OF PREFECT (AND ITS OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES AND AGENTS, AND AFFILIATES THEREOF) TO CLIENT FOR DAMAGES FOR ANY CAUSE WHATSOEVER NOTWITHSTANDING THE FORM OF SUCH DAMAGESCLAIMS (INCLUDING NEGLIGENCE) SHALL BE LIMITED TO AN AMOUNT NOT EXCEEDING THE TOTAL FEES PAID BY CLIENT TO PREFECT DURING THE TWELVE (12) MONTHS PRECEDING THE DATE ON WHICH THE CLAIM AROSE.

Limitation of Liability; Exclusion of Consequential Damages. THE CUMULATIVE LIABILITY OF XXXX DEERE, ITS AFFILIATES AND THIRD PARTY SUPPLIERS TO YOU FOR ALL CLAIMS ARISING OUT OF OR IN RELATION TO THIS AGREEMENT (INCLUDING, BUT NOT LIMITED TO ANY CLAIMS RELATING TO OR ARISING OUT OF THE SUPPORT SERVICES RENDERED HEREUNDER) IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE TOTAL AMOUNT OF THE SUPPORT FEE PAID BY YOU TO JOHN DEERE FOR SERVICES UNDER THIS AGREEMENT DURING THE TERM. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL XXXXXXX’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENTXXXX DEERE, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER HEREUNDER IN THE 12 MONTHS PRECEDING THE INCIDENT GIVING RISE TO SUCH CLAIM, NOT TO EXCEED THE MANUFACTURER’S RETAIL PRICE FOR THE APPLICABLE EQUIPMENT. IN NO EVENT SHALL XXXXXXX ITS AFFILIATES AND THIRD PARTY SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL OR EXEMPLARY DAMAGES OF ANY NATURE IN CONNECTION WITH THIS AGREEMENT AND THE SERVICES OR SOFTWARE PROVIDED HEREUNDER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR: LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR DATA STORAGE, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWAREDAMAGES, EVEN IF XXXXXXX HAS JOHN DEERE, ITS AFFILIATES AND THIRD PARTY SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESPOTENTIAL LOSS OR DAMAGE. THE FOREGOING LIMITATION OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES SHALL APPLY REGARDLESS OF THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES. NOTE: SOME STATES AND PROVINCES DO NOT ALLOW EXCLUSIONS OR LIMITATIONS OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THIS SECTION SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THIS AGREEMENT.