Common use of Remedies and Liability Clause in Contracts

Remedies and Liability. For any material breach of this Agreement by HP, Customer's remedy and HP's liability will be limited to a refund of the related support charges paid during the period of breach, up to a maximum of 12 months. HP will not be liable for performance delays or for nonperformance duo to causes beyond its reasonable control. HP will be liable for damage to tangible property per incident up to the greater of $300,000 or the actual charges paid to HP for the product that is the subject of the claim, and for damages for bodily injury or death, to the extent that all such damages are determined by a court of competent jurisdiction to have been directly caused by a defective HP service sold under this Agreement.

Remedies and Liability. For any material breach of this Agreement by HP, Customer's remedy and HP's liability will be limited to a refund of the related support charges paid during the period of breach, up to a maximum of 12 months. HP will not be liable for performance delays or for nonperformance duo due to causes beyond its reasonable control. HP will be liable for damage to tangible property per incident up to the greater of $300,000 or the actual charges paid to HP for the product that is the subject of the claim, and for damages for bodily injury or death, to the extent that all such damages are determined by a court of competent jurisdiction to have been directly caused by a defective HP service sold under this Agreement.