Limitations of Damages. Except where damages are expressly provided for under this Agreement, Buyer may claim damages for breach of contract from the other party only upon termination for default. IN NO EVENT SHALL MADERN BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES , OR ANY DAMAGES FOR LOSS OF BUSINESS, PROFITS, BUSINESS INTERRUPTION, OR ANY PECUNIARY LOSS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE OPERATION OR USE OF OR INABILITY TO OPERATE OR USE THE PRODUCTS ACQUIRED PURSUANT TO THIS AGREEMENT OR THE PROVISIONS OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, ERROR, MISTAKE OR OMISSION ON THE PART OF MADERN, ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES , AGENTS, CONTRACTORS, OR SUPPLIERS) STRICT LIABILITY OR OTHERWISE, EVEN IN THE EVENT MADERN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. The limitation on liabilities in this Section is independent of and in addition to other provisions in this Agreement relating to remedies or liabilities and shall be enforceable even if such other provisions are unenforceable or fail of their essential purpose.
Limitations of Damages. 17.11.1 You, on your own behalf and on behalf of, as applicable, your officers, directors, managers, employees, heirs, administrators, insurers, executors, agents and representatives and their respective successors and assigns hereby agree that you shall have no recourse of any kind against us and the Entities and our and their respective officers, directors, employees, managers, agents, insurers, representatives and their respective successors and assigns for failure to activate the Hotel in our System unless you have strictly, absolutely, and timely complied with each and every requirement imposed upon you by us, to include but not limited to those contained in this Agreement to our satisfaction. You agree that your sole remedy shall be limited to actual damages, which shall in no event exceed the Entrance Fees paid by you in connection with the submission of the application and this Agreement.
Limitations of Damages. In no event shall Lenders ever be liable to Borrowers for (i) special, consequential, incidental, or other such damages arising from or related to the Term Loans or any of the Loan Documents, or (ii) punitive, exemplary, or other such damages arising from or related to the Term Loans or any ofthe Loan Documents.
Limitations of Damages. Notwithstanding anything to the contrary contained in this Agreement, neither party shall be liable to the other party or its Affiliates (except with respect to either party’s breach of its obligations of Article 10, or indemnification obligations of Section 11.2 or 11.3 with respect to third party claims) for any indirect, special, incidental (including, without limitation, lost profits) or punitive damages of the other party or its Affiliates from any breach or default of a party’s obligations hereunder or the breach of any representation or warranty made hereunder. Except with respect to either party’s breach of its obligations of Article 10, or indemnification obligations of Section 11.2 or 11.3 with respect to third party claims, the collective liability of either party to the other under this Agreement shall be limited on an aggregate basis (not per claim or occurrence) to [*], except that with respect to damages or liabilities [*]. Upon payment(s) by the they indemnifying party to the indemnified party Supplier and/or Supplier Indemnitees to the SI-BONE and/or SI-BONE Indemnitees, or payment(s) by SI-BONE and/or the SI-BONE Indemnitees to Supplier and/or the Supplier Indemnitees, the party having made such payments shall be relieved and discharged from any further liability to the other party and/or its Indemnitees under this Agreement, or otherwise for contribution or to defend, indemnify, and/or hold harmless the other party and/or its Indemnitees .
Limitations of Damages. The Party who is subject to breach of the Agreement shall be under a duly to take all necessary measures to mitigate the loss which has occurred provided that it can do so without unreasonable inconvenience or cost. Should it fail to do so, the Party guilty of breach tray claim a reduction in damages. In no case shall either Party be liable to the other for losses in profit and other consequential losses, provided that the foregoing (a) shall not apply in case of willful or grossly negligent breach by a Party, and (b) shall BE without prejudice to the provisions of Articles 19 through 22.
Limitations of Damages. The parties to this Agreement expressly agree that in the event of termination or breach of this Agreement, neither party shall be liable to the other for any lost revenue, lost profits or other consequential damages allegedly resulting from such termination or breach, including, but not limited to, any expenditures, investments, leases or commitments made in anticipation of the continuance of this Agreement, regardless of whether such alleged lost revenue, lost profits or other consequential damages are foreseeable.
Limitations of Damages. IN NO EVENT SHALL MEDIZONE OR Distributor BE LIABLE FOR, AND EACH PARTY COVENANTS NOT TO BRING ANY CLAIM FOR, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES (INCLUDING EXEMPLARY OR PUNITIVE DAMAGES), WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE OR THE PARTY WAS SPECIFICALLY ADVISED CONCERNING THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE PARTIES’ INDEMNIFICATION OBLIGATIONS OR TO A PARTY’S BREACH OF CONFIDENTIALITY OBLIGATIONS OR INTENTIONAL MISCONDUCT.
Limitations of Damages. (i) Claims by a Party for damages of any nature whatsoever against another Party pursued under this Base Agreement shall be limited to direct damages only up to the unpaid balance of the aggregate amount of Government funding the specific Prototype Award project, under this Base Agreement, which the dispute arises, unless such dispute resulted from a negotiated settlement of a request for equitable adjustment relating to a change in the performance or scope of the Agreement or for termination settlement expenses.
Limitations of Damages. In no event will either Party be liable under any provision of this Agreement for any special, indirect, incidental, consequential, punitive, or exemplary damages (including loss of profit or revenue, loss of use of equipment, cost of capital, or damage to reputation or relations) whether based in contract, tort, strict liability, statutory liability, or any other theory of liability. The aggregate liability of TSP for damages based on any cause of action hereunder will not exceed the maximum amount of Security posted with TSP.
Limitations of Damages. (a) No Buyer Indemnified Party shall be entitled to recover from the Company any Losses pursuant to Section 8.2(a)(i) (except for Losses pursuant to indemnity claims for breaches of Section 3.11 (Taxes)) unless and until the amount of such Losses theretofore incurred by Buyer Indemnified Parties exceeds $2,000,000 (the “Losses Threshold”), and then only for such Losses in excess of the Losses Threshold. Except for Losses of Buyer Indemnified Parties pursuant to indemnity claims for breaches of Section 3.11 (Taxes), the maximum aggregate liability obligation of the Company to Buyer Indemnified Parties (including liabilities of the Company for cost, expenses and attorneys’ fees paid or incurred in connection therewith or in connection with the curing of any and all breaches of the Company’s representations, warranties, covenants and agreements) collectively pursuant to Section 8.2(a) shall not exceed seventeen and one-half percent (17.5%) of the Purchase Price.
