Limits to Liability Sample Clauses
The Limits to Liability clause sets a maximum cap on the amount of damages or losses one party can be held responsible for under a contract. Typically, this clause specifies monetary limits, excludes certain types of damages like indirect or consequential losses, and may outline exceptions for cases such as willful misconduct or gross negligence. Its core practical function is to allocate and manage risk between the parties, providing predictability and protecting parties from potentially unlimited financial exposure.
Limits to Liability. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF COMPU-DATA AND ITS AFFILIATES TO YOU AND YOUR AFFILIATES IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE IN THE TWELVE MONTHS PRECEDING THE FIRST INCIDENT OUT OF WHICH THE LIABILITY AROSE. THE FOREGOING LIMITATION WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, BUT WILL NOT LIMIT YOUR AND YOUR AFFILIATES’ PAYMENT OBLIGATIONS UNDER THE “FEES AND PAYMENT” SECTION ABOVE
Limits to Liability. 7.1 HONEYWELL MAKES NO WARRANTIES AS TO THE SOFTWARE, MAINTENANCE UPDATES, OR ANY DOCUMENTATION DELIVERED HEREUNDER, OR THE SUPPORT SERVICES RENDERED, EITHER EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.
7.2 In no event shall Honeywell be liable for any lost profits, lost savings or any consequential or incidental damages of any kind, even if Honeywell has been advised of the possibility of such damages, or for any claim against the customer by any other party.
7.3 IN NO EVENT WILL HONEYWELL’S AGGREGATE LIABILITY IN CONNECTION WITH THIS AGREEMENT AND THE SALE OF PRODUCTS AND PROVISION OF SERVICES TO CUSTOMER, REGARDLESS OF THE FORM OF ACTION GIVING RISE TO SUCH LIABILITY (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EXCEED THE AGGREGATE PURCHASE PRICE FOR SERVICES AND PRODUCTS IN QUESTION PAID BY CUSTOMER TO HONEYWELL UNDER THIS AGREEMENT.
Limits to Liability. Nothing in this clause shall limit or reduce Your rights under the Consumer Guarantees Act 1993.
Limits to Liability. 7.1 Except as expressly stated in clause 7.2:
(a) SYGNIUS shall not in any circumstances have any liability for any losses or damages which may be suffered by the Customer (or any person claiming under or through the Customer), whether the same are suffered directly or indirectly or are immediate or consequential, and whether the same arise in contract, tort (including negligence) or otherwise howsoever, which fall within any of the following categories:
(i) loss of profits;
(ii) loss of anticipated savings;
(iii) loss of business opportunity;
(iv) loss of goodwill;
(v) loss or corruption of data, provided that this clause 7.1(a) shall not prevent claims for loss of or damage to the Customer's tangible property that fall within the terms of clause 7.1(a) or any other claims for direct financial loss that are not excluded by any of categories (i) to (vi) inclusive of this clause 7.1(a);
(b) the total liability of SYGNIUS, whether in contract, tort (including negligence) or otherwise and whether in connection with this Agreement or any collateral contract, shall in no circumstances exceed if the liability is in respect of a Service, the Fees paid for such Service during the latest 12 (twelve) months; and
(c) the Customer agrees that, in entering into this Agreement, either it did not rely on any representations (whether written or oral) of any kind or of any person other that those expressly set out in this Agreement or (if it did rely on any representations, whether written or oral, not expressly set out in this Agreement) that it shall have no remedy in respect of such representations and (in either case) SYGNIUS shall have no liability in any circumstances otherwise than in accordance with the express terms of this Agreement.
7.2 The exclusions in clause 7.1 shall apply to the fullest extent permissible at law, but SYGNIUS does not exclude liability for:
(a) death or personal injury caused by the negligence of SYGNIUS, its officers, employees, contractors or agents;
(b) fraud or fraudulent misrepresentation;
(c) any other liability which may not be excluded by law.
7.3 All dates supplied by SYGNIUS for the delivery of the Services shall be treated as approximate only. SYGNIUS shall not in any circumstances be liable for any loss or damage arising from any delay in delivery beyond such approximate dates.
7.4 All references to "SYGNIUS" in this clause 7 shall, for the purposes of this clause, be treated as including all employees, subcontractors and supplie...
Limits to Liability. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF VTIGER AND ITS AFFILIATES TO YOU AND YOUR AFFILIATES IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE IN THE TWELVE MONTHS PRECEDING THE FIRST INCIDENT OUT OF WHICH THE LIABILITY AROSE. THE FOREGOING LIMITATION WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, BUT WILL NOT LIMIT YOUR AND YOUR AFFILIATES’ PAYMENT OBLIGATIONS UNDER THE “FEES AND PAYMENT” SECTION ABOVE
Limits to Liability. The City of Aurora, Park Aurora, and its agents/operators, are not responsible for, and assume no liability, for fire, theft, vandalism, injury, damage to or loss of vehicle or its contents. The City of Aurora shall not have any duty, and expressly does not assume, any obligation to provide for the safety and security of parking facilities or its Customers from criminal activities. All parking is at the vehicle owner/operators sole risk. Vehicles should be locked at all times and valuables should not be visible or left therein.
Limits to Liability. It is the intent of the Parties to this Agreement that the City will not be obligated pursuant to this Agreement to perform environmental services with respect to Army-Retained Conditions, as defined in Section 2.3.