LIMITATIONS OF REMEDIES AND DAMAGES. SUBJECT TO SECTION 12.2 (PROVISIONAL RELIEF), IF NO REMEDY OR MEASURE OF DAMAGES IS EXPRESSLY PROVIDED HEREIN, THE OBLIGOR’S LIABILITY WILL BE LIMITED TO DIRECT ACTUAL DAMAGES ONLY, SUCH DIRECT ACTUAL DAMAGES WILL BE THE SOLE AND EXCLUSIVE REMEDY AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY ARE WAIVED. UNLESS EXPRESSLY PROVIDED IN THIS AGREEMENT, INCLUDING THE PROVISIONS OF ARTICLE 13 (INDEMNIFICATION), WHICH PERMIT INDEMNIFICATION FOR DAMAGES CLAIMED BY A THIRD PARTY, WHETHER SUCH DAMAGES ARE CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR INDIRECT, NEITHER PARTY WILL BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES, LOST PROFITS OR OTHER BUSINESS INTERRUPTION DAMAGES, BY STATUTE, IN TORT OR CONTRACT, UNDER ANY INDEMNITY PROVISION OR OTHERWISE. IT IS THE INTENT OF THE PARTIES THAT THE LIMITATIONS HEREIN IMPOSED ON REMEDIES AND THE MEASURE OF DAMAGES BE WITHOUT REGARD TO THE CAUSE OR CAUSES RELATED THERETO, INCLUDING THE NEGLIGENCE OF ANY PARTY, WHETHER SUCH NEGLIGENCE BE SOLE, JOINT OR CONCURRENT, OR ACTIVE OR PASSIVE. TO THE EXTENT ANY DAMAGES REQUIRED TO BE PAID HEREUNDER ARE LIQUIDATED, THE PARTIES ACKNOWLEDGE THAT THE DAMAGES OWED IN SUCH CIRCUMSTANCES WOULD BE DIFFICULT OR IMPOSSIBLE TO DETERMINE, OR OTHERWISE OBTAINING AN ADEQUATE REMEDY IS INCONVENIENT, AND THE DAMAGES CALCULATED HEREUNDER CONSTITUTE A REASONABLE APPROXIMATION OF THE HARM OR LOSS TO THE PARTY OWED LIQUIDATED DAMAGES. NOTHING IN THIS ARTICLE PREVENTS, OR IS INTENDED TO PREVENT CHGE FROM PROCEEDING AGAINST OR EXERCISING ITS RIGHTS WITH RESPECT TO ANY PROJECT SECURITY.
LIMITATIONS OF REMEDIES AND DAMAGES. 7.1 Philips total liability, if any, and Customer’s exclusive remedy with respect to this Uptime Guarantee and Philips performance hereunder is limited to the remedies stated herein. Exhibit 5 ADDITIONAL CLINICAL EDUCATION TRAINING TERMS & CONDITIONS
LIMITATIONS OF REMEDIES AND DAMAGES. You agree that our obligation described in the preceding paragraph is your sole and exclusive remedy, and that our total liability to you, your customers or to any other person, relating to this contract, its performance or non-performance, or from the use of Goods furnished or services provided, is limited to the price of the Goods and/or services giving rise to the claim. Except as to title, such obligation and liability shall terminate at the end of the manufacturer’s warranty period for the applicable Goods. SELLER AND ITS SUPPLIERS WILL NOT, IN ANY EVENT, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PENAL DAMAGES INCURRED IN CONNECTION WITH THE GOODS , WHETHER ANY CLAIM FOR RECOVERY IS BASED UPON OR ARISES OUT OF THEORIES OF CONTRACT, NEGLIGENCE, TORT (INCLUDING STRICT LIABILITY) OR OTHERWISE, INCLUDING BUT NOT LIMITED TO BACK CHARGES, LABOR COSTS, COSTS OF REMOVAL, REPLACEMENT, TESTING OR INSTALLATION, LOSS OF EFFICIENCY, LOSS OF PROFITS OR REVENUES, LOSS OF USE OF THE GOODS OR ANY ASSOCIATED PRODUCTS, DAMAGES TO ASSOCIATED PRODUCTS, LATENESS OR DELAYS IN DELIVERY, UNAVAILABILITIY OF GOODS, COST OF CAPITAL, COST OF SUBSTITUTE GOODS, FACILITIES OR SERVICE, DOWNTIME, OR CLAIMS FROM YOUR CUSTOMERS OR OTHER PARTIES TO YOU OR DIRECTLY TO US FOR SUCH DAMAGES.
LIMITATIONS OF REMEDIES AND DAMAGES. MSU shall be in default of this Agreement if it fails to perform any obligation of it under this Agreement, and upon such default, User Group may terminate this Agreement by written notice. THE SOLE AND EXCLUSIVE REMEDIES FOR BREACH BY MSU OF ITS OBLIGATIONS UNDER THIS AGREEMENT AND THE SOLE REMEDIES FOR MSU’S LIABILITY OF ANY KIND WITH RESPECT TO THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT, THE USE OF THE LICENSED FACILITIES AND ALL OTHER PERFORMANCE BY MSU RELATED TO THIS AGREEMENT SHALL BE THE REMEDIES SET FORTH IN THIS SECTION. IN NO EVENT SHALL MSU’S LIABILITY OF ANY KIND INCLUDE ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES, EVEN IF MSU SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. IN THE WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the day and year first above written. MICHIGAN STATE UNIVERSITY Organization Name: By: By: Signature of Signature of Its: Its:
LIMITATIONS OF REMEDIES AND DAMAGES. 6.1 Philips total liability, if any, and Customer’s exclusive remedy with respect to this Uptime Guarantee and Philips performance hereunder is limited to the remedies stated herein.
LIMITATIONS OF REMEDIES AND DAMAGES. Mohawk Group’s liability and Xxxxx’s exclusive remedy hereunder will be limited solely to repair, replacement or credit the defective areas at Mohawk Group’s discretion. NEITHER MOHAWK GROUP NOR ITS DEALER WILL HAVE ANY MONETARY LIABILITY WHATSOEVER FOR ANY DAMAGE OR EXPENSE INCURRED IN CONNECTION WITH THIS PRODUCT, WHETHER GENERAL, SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, SAVINGS OR DATA) INCLUDING BUT NOT LIMITED TO LABOR COSTS OR LOST PROFITS RESULTING FROM THE USE OF OR INABILITY TO USE THE ARTICLES OR FROM THE ARTICLES BEING INCORPORATED IN OR BECOMING A COMPONENT OF ANY OTHER ARTICLE. No person, including any representative, employee or agent of Mohawk Group is authorized to assume on behalf of Mohawk Group any liability or responsibility in addition to or different from that described above. Any and all representations, promises, warranties, or statements that are in addition to or different from the terms set out above are of no force or effect. Please note that technical web site documents prevail. Limited 15-Year Commercial Warranty M- FORCE® COMMERCIAL LV T This limited commercial warranty extends only to the original purchaser of Mohawk Group luxury vinyl tile (LVT) product for use in indoor commercial installations. This will be effective starting with all products with purchases made on or after August 1, 2020.
LIMITATIONS OF REMEDIES AND DAMAGES. Notwithstanding anything in this agreement or otherwise, PlaNet shall not be liable or obligated with respect to any subject matter of this agreement or under contract, negligence, strict liability, or any other legal or equitable theory: o for any amounts in excess in the aggregate of one half the fees paid to PlaNet by Licensee for this copy of Product prior to the cause of action, o for any claim with respect to any end user application o for any cost of procurement of substitute goods, technology, services or rights o for interruption of use or loss or corruption of data o for any incidental or consequential damages o for any action or omission by any third party
LIMITATIONS OF REMEDIES AND DAMAGES. 9.1. Consequential Damages Waiver EXCEPT FOR THE EXCLUDED CLAIMS DEFINED BELOW, NEITHER PARTY SHALL HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS, LAMBDATEST SERVICES, OR THE DOCUMENTATION FOR ANY LOSS OF USE, LOST DATA, LOST PROFITS, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. “Excluded Claims” means any claim arising (a) from Customer’s breach of Section 2.1 (Access); (b) under Section 3 (Customer Content & Responsibilities); or (c) from a party’s breach of its obligations in Section 10 (Confidential Information). The parties agree that the waivers and limitations specified in this Section 9.1 apply regardless of the form of action, whether in contact, tort (including negligence), strict liability or otherwise and will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose.
LIMITATIONS OF REMEDIES AND DAMAGES. Buyer's sole and exclusive remedy for any claim arising by reason of or in connection with the sale, purchase, delivery or use of the Equipment or rendering of Services, regardless of whether such claim is based on tort law, breach of contract, breach of warranty or any other legal theory (each, a "Claim") shall be, at Seller's option, the repair or replacement of any defective Equipment or non- conforming parts thereof, or, as applicable, re-performance of Services. Buyer's exclusive remedy for any breach of the Agreement or the limited warranty set forth in Section 5 of these Terms (a "Breach") is repair or replacement, at Seller's option, of any defective Equipment. Under no circumstances shall Seller be liable for loss of use, lost profits or any other collateral, special, consequential or other damages, losses or expenses in connection with or by reason of any Claim or Breach, whether such Claim or Breach is founded in tort or contract. The foregoing constitutes the sole and exclusive remedy of Buyer and the exclusive liability of Seller. Any lawsuit asserting any Claim or Breach by Buyer against Seller must be brought within ten (10) days after delivery of the nonconforming Equipment or performance of Services for Buyer or such Claim or Breach shall be forever barred. Product defects must be communicated in writing immediately.
LIMITATIONS OF REMEDIES AND DAMAGES. THE TOTAL LIABILITY OF US AND OUR REPRESENTATIVES TO YOU AND YOUR EXCLUSIVE REMEDY RELATING TO A SCHEDULE AND THE WARRANTY SERVICE TO BE PROVIDED UNDER IT, IF ANY, IS LIMITED TO THE MONTHLY RENTAL FOR THE SERVICE WHICH IS THE BASIS FOR THE CLAIM. You agree that we and our representatives have no liability to you for (1) any penal, punitive, incidental, special, or consequential damages such as lost profit or revenue, (2) any assistance not required under the Schedule, or (3) anything occurring after the end of a Schedule. You will be barred from any remedy unless you give us prompt written notice of the problem. This is a commercial lease transaction. Any claim related to this contract will be covered solely by commercial legal principles. WE, OUR REPRESENTATIVES AND YOU WILL NOT HAVE ANY NEGLIGENCE OR OTHER TORT LIABILITY TO THE OTHER ARISING FROM A SCHEDULE. This limitation does not, in the case of GE Equipment only, affect claims by third parties for personal injury due to our, our representatives', or your negligence or product liability.
