Limitations on Buyer’s Liability. In no event shall Buyer be liable to Seller for anticipated profits or for incidental or consequential damages. Buyer's liability for a claim of any kind for any loss or damage arising out of or in connection with or resulting from this Order, or from any performance or breach, shall in no case exceed the price allocable to the goods or services, which directly gives rise to the claim.
Limitations on Buyer’s Liability. Buyer will have no liability (for indemnification or otherwise) with respect to the matters described in clause (a) or (b) of Section 7.3 until the total of all Damages with respect to such matters exceeds $50,000, and then only for the amount by which such Damages exceed $50,000. However, this Section 7.6 will not apply to any Breach of any of Buyer’s representations and warranties of which Buyer had Knowledge at any time prior to the date on which such representation and warranty is made or any intentional Breach by Buyer of any covenant or obligation, and Buyer will be liable for all Damages with respect to such Breaches. The total liability of Buyer pursuant to Section 7.3 shall be limited to an amount equal to $4,050,000.
Limitations on Buyer’s Liability. In no event shall Buyer be liable to Seller for any lost profits or for any incidental, consequential, special, exemplary or punitive damages. Without limiting the foregoing, the parties further agree that in no event shall Seller’s damages exceed the value of Goods purchased by Xxxxx from Seller in the three months immediately preceding the alleged breach.
Limitations on Buyer’s Liability. Notwithstanding anything to the contrary in this Agreement, the liability of Buyer under this Agreement, any Related Document and any other documents delivered in connection herewith or contemplated hereby shall be limited as follows:
Limitations on Buyer’s Liability. The liability of Buyer under Section VIII.2. of this Agreement shall be without deduction or limitation, except that the liability of Buyer under Section VIII.2.a. and Section VIII.2.d (to the extent it relates to Section VIII.2.a of this Agreement) shall:
Limitations on Buyer’s Liability. The Buyer will not be liable under the indemnity provision in Section 7.3 in respect of any claim unless written notice of the claim providing reasonable details of the alleged Sellers' Losses has been provided to the Buyer within 18 months after the Closing Date, except in respect of a claim arising out of the Buyer's breach of Section 5.10.
Limitations on Buyer’s Liability. The liability of the Buyer under Section 9.2 of this Agreement shall be without deduction or limitation, except that:
Limitations on Buyer’s Liability. Notwithstanding anything contained herein to the contrary, for purposes of determining the value of any Loss under this Article 10, the representations and warranties of Buyer shall be read without giving effect to (i) the phrase “Material Adverse Effect,” “in all material respects” and similar phrases qualifying any of its representations or warranties, or (ii) any knowledge limitation or qualification contained in any of its representations or warranties. The maximum aggregate liability of Buyer for Losses arising pursuant to Section 10.3(a) shall be an amount equal to the Limit; provided, however, that the Limit shall not apply to Losses arising in connection with any breach of, or any inaccuracy in, Sections 5.1 (Limited Liability Company Capacity), 5.2 (Limited Liability Company Powers), 5.3 (Binding Agreement), 5.4 (Litigation) and 5.5 (Finders).
Limitations on Buyer’s Liability. If the Closing occurs, Buyer's and Andritz's liability shall be limited as set forth in this Section 9.5.
Limitations on Buyer’s Liability. Subject to Section 9.5(d) hereof, Sellers shall not be entitled to indemnification from Buyer for Damages from breaches of representations and warranties unless the cumulative total of all such Damages exceeds Two Hundred Fifty Thousand Dollars ($250,000) and then only to the extent of such excess. Buyer's maximum aggregate liability for Damages from breaches of representations and warranties by Buyer shall not exceed Three Million Five Hundred Thousand Dollars ($3,500,000).
