Limitation of Liability for Damages. IN THE EVENT THAT CLIENT SHALL MAKE ANY CLAIM OR FILE ANY SUIT FOR DAMAGES AGAINST COBBFENDLEY ARISING OUT OF OR RELATED TO COBBFENDLEY’S PERFORMANCE OR NON- PERFORMANCE OF THE SERVICES TO BE PROVIDED UNDER THIS AGREEMENT, COBBFENDLEY’S LIABILITY TO CLIENT FOR ANY SUCH DAMAGES SHALL BE LIMITED TO ACTUAL AND DIRECT DAMAGES TO AN AMOUNT NOT TO EXCEED THE AMOUNT FEES CHARGED BY COBBFENDLEY TO CLIENT HEREUNDER. COBBFENDLEY SHALL HAVE NO LIABILITY FOR ANY CONSEQUENTIAL OR INDIRECT DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST BUSINESS OPPORTUNITIES, ADDITIONAL OVERHEAD, OR DAMAGES FOR LOSS OF USE OR LOSS OF PRODUCTION.
Limitation of Liability for Damages. 1. The Company shall be liable for damages - apart from damage to life and health - only if such damage was caused by deliberate or grossly negligent actions, or by a breach of a material obligation under the Agreement (e.g. payment of a commission fee) by Advant Travel, its employees or persons acting on its behalf. This also applies to damages resulting from breach of obligations during negotiations of the Agreement, as well as to damages resulting from wrongful acts. Any liability for damages beyond this scope is excluded.
Limitation of Liability for Damages. LatitudeU shall not be liable to Affiliate for incidental, consequential, special or exemplary damages, or for lost profits or business interruption losses in connection with this Agreement or business relationship, even if advised of the likelihood of such losses.
Limitation of Liability for Damages. The Software is not a substitute for professional judgment. Licensee assumes sole responsibility for the selection of the Software, determination as to the appropriateness of the Software for Licensee's needs, and the application of the results obtained from the Software. The remedies set forth in Section 7 are exclusive. MDI shall not be liable for incidental, consequential, special, direct or indirect damages in connection with the Software.
Limitation of Liability for Damages. 1. In the event that the User becomes totally unable to use the Services, or suffers any damage due to a loss, damage, destruction, disappearance, or leakage of any data stored within the Services or in connection with the Services provided by the Company, the Company shall be held liable for compensating the User for damages.