Limitation of Monetary Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY’S AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT AND ANY ORDER SHALL BE LIMITED TO THE TOTAL FEES PAID OR PAYABLE TO ZSCALER DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE FIRST OCCURRENCE OF THE EVENT(S) GIVING RISE TO SUCH LIABILITY FOR THE APPLICABLE PRODUCT GIVING RISE TO THE LIABILITY.
Limitation of Monetary Damages. (A) THE INDEMNIFICATION RIGHTS PROVIDED TO THE REMEDIAL PARTIES PURSUANT TO ARTICLE XV OF THIS AGREEMENT AND SECTION 6.3 OF THE TRADING MASTER AGREEMENT, (B) ANY LIQUIDATED DAMAGES EXPRESSLY PROVIDED FOR IN THE TRANSACTION DOCUMENTS, AND (C) ANY OTHER EXPRESS RIGHTS TO RECEIVE PAYMENT OR INTEREST IN THE TRANSACTION DOCUMENTS; SHALL BE THE SOLE AND EXCLUSIVE MONETARY REMEDIES OF THE REMEDIAL PARTIES, IN LIEU OF ANY OTHER RIGHT TO MONETARY DAMAGES.
Limitation of Monetary Damages. To the maximum extent permitted by applicable law, each party’s aggregate liability arising out of this agreement and any order shall be limited to the total fees paid or payable to phriendly phishing during the twelve (12) months immediately preceding the first occurrence of the event(s) giving rise to such liability for the applicable product giving rise to the liability.
Limitation of Monetary Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY’S AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT AND ANY ORDER, FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION, WHETHER BASED IN CONTRACT, TORT, OR ANY OTHER LEGAL THEORY (INCLUDING BREACH OF WARRANTY, NEGLIGENCE AND STRICT LIABILITY IN TORT), SHALL BE LIMITED TO THE TOTAL FEES PAID OR PAYABLE TO COMCAST DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE FIRST OCCURRENCE OF THE EVENT(S) GIVING RISE TO SUCH LIABILITY FOR THE APPLICABLE PRODUCT GIVING RISE TO THE LIABILITY. Exclusions to the Waiver of Consequential Damages and the Limitation of Monetary Damages. THE LIMITATIONS ON DAMAGES SET FORTH IN SECTIONS 8.1 AND 8.2 SHALL NOT APPLY WITH RESPECT TO (a) A PARTY’S BREACH OF ITS CONFIDENTIALITY OBLIGATIONS SET FORTH IN SECTION 5, (b) A PARTY’S WILLFUL MISCONDUCT, (c) FEES AND OTHER EXPENSES PAYABLE TO COMCAST; AND (d) A PARTY’S LIABILITY FOR ANY BODILY INJURY (INCLUDING DEATH) OR DAMAGE TO OR LOSS OF ANY TANGIBLE PERSONAL OR REAL PROPERTY CAUSED BY THE ACTIONS OR OMISSIONS OF SUCH PARTY.
Limitation of Monetary Damages. A director shall not be personally liable to the Corporation or its shareholders for monetary damages for breach of fiduciary duty as a director, except this provision shall not eliminate liability of a director (i) for any breach of the director's duty of loyalty to the Corporation or its shareholders, (ii) for acts or omissions not in good faith or which involve intentional misconduct or a knowing violation of law, (iii) for unlawful payment or dividend or unlawful stock purchase or redemption under Delaware General Corporation Law, Section 174, or (iv) for any transaction from which the director derived an improper personal benefit. Any repeal or modification of this Section 6.02 by the Corporation's shareholders shall not adversely affect any right of protection of a director of the Corporation existing at the time of such repeal or modification with respect to acts or omissions occurring prior to such repeal or modification. If the Delaware General Corporation Law hereafter is amended to authorize the further elimination or limitation of the liability of directors, then the liability of a director of the Corporation, in addition to the limitation on personal liability provided herein, shall be limited to the fullest extent permitted by the amended Delaware General Corporation Law.
Limitation of Monetary Damages. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, ANY PROVISIONS IN THIS AGREEMENT REFERENCING LIMITATION OF LIABILITY ARE DELETED AND REPLACED WITH FAR 52.246-25.
Limitation of Monetary Damages. XCITE’S TOTAL LIABILITY TO CUSTOMER OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT AND ANY ORDER SHALL BE LIMITED TO $50.
Limitation of Monetary Damages. EXCEPT FOR LIABILITY ARISING OUT OF THE INDEMNIFICATION OBLIGATIONS SET FORTH IN SECTION 10, IN NO EVENT SHALL GOLDPHISH’S TOTAL, AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT EXCEED THE AMOUNTS ACTUALLY RECEIVED BY GOLDPHISH UNDER THIS AGREEMENT WITHIN THE IMMEDIATELY PRECEDING THREE (3) MONTHS OF THE EVENT THAT GAVE RISE TO THE LIABILITY.
Limitation of Monetary Damages. EXCEPT FOR LIABILITY ARISING UNDER A BREACH OF ANY INTELLECTUAL PROPERTY RIGHT OF FIREEYE, PAYMENT OBLIGATIONS OF CUSTOMER, AND THE INDEMNIFICATION OBLIGATIONS SET FORTH IN SECTION 8 (INFRINGEMENT INDEMNITY), AND NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS AGREEMENT OR ANY ORDER OR STATEMENT OF WORK, FIREEYE’S TOTAL LIABILITY ARISING OUT OF THIS AGREEMENT, THE OFFERINGS, THE FIREEYE IP AND DELIVERABLES SHALL BE LIMITED TO THE TOTAL AMOUNTS RECEIVED BY FIREEYE FOR THE RELEVANT OFFERINGS DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE FIRST OCCURRENCE OF THE EVENTS GIVING RISE TO SUCH LIABILITY.
Limitation of Monetary Damages. EXCEPT FOR DAMAGES CAUSED BY A PARTY’S GROSS NEGLIGENCE, FRAUD, OR INTENTIONAL MISCONDUCT, EACH PARTY’S TOTAL LIABILITY ARISING OUT OF THIS AGREEMENT AND ANY ORDER SHALL BE LIMITED TO THE TOTAL FEES RECEIVED BY ZSCALER FOR THE RELEVANT ORDER DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE FIRST OCCURRENCE OF THE EVENT(S) GIVING RISE TO SUCH LIABILITY.
