REMEDIES AND LIMITATIONS OF LIABILITY. In the event Buyer claims Seller has breached any of its obligations under the sales contract, whether of warranty or otherwise, Seller may request the return of the goods and tender to Buyer the purchase price theretofore paid by Buyer, and in such event, Seller shall have no further obligation under the sales contract except to refund such purchase price upon redelivery of the goods. If Seller so requests the return of the goods, the goods shall be redelivered to Seller in accordance with Seller's instructions and at Seller's expense. The remedies contained in this and the preceding paragraph shall constitute the sole recourse of Buyer against Seller for breach of any of Seller's obligations under the sales contract, whether of warranty or otherwise, in no event shall Seller be liable for consequential damages nor shall Seller's liability on any claim for damages arising out of or connected with the sales contract or the manufacture, sale, delivery or use of the goods exceed the purchase price of the goods. Seller shall not be liable for failure to perform its obligations under the sales contract resulting directly or indirectly from or contributed to by acts of God; acts of Buyer; civil or military authority; priorities; fires; strikes or other labor disputes; accidents; floods; epidemics; war; riot; delays in transportation; lack of or inability to obtain raw materials, components, labor, fuel or supplies; or other circumstances beyond Seller's reasonable control, whether similar or dissimilar to the foregoing.
REMEDIES AND LIMITATIONS OF LIABILITY. In the event Buyer claims Seller has breached any of its obligations under the contract, whether of warranty or otherwise, Seller may request return of the goods and tender to Buyer the purchase price therefore paid by Xxxxx, and, in such event, Seller shall have no further obligation under the contract except to refund such purchase price upon redelivery of the goods. No goods may be returned without Seller s written request. If Seller requests the return of the goods, the goods will be redelivered to Seller at Seller s expense by the lowest cost mode of transportation unless otherwise authorized in writing by Seller. In the event Buyer claims Seller has breached any of its obligations under the contract, whether of warranty or otherwise, and Seller has not delivered any goods to Buyer, Seller may tender to Buyer the purchase Price therefore paid by Buyer, and, in such event, Seller shall have no further obligation under the contract except to refund such purchase price therefore paid by Buyer. The remedies contained in this and the preceding paragraph shall constitute the sole recourse of Buyer against Seller for breach of any Seller s obligations under the contract whether warranty or otherwise. In no event shall Seller be liable for indirect or consequential damages nor shall Seller s liability on any claim for damages arising out of or connected with the contract or the manufacture, sale, delivery or use or the goods exceed the purchase price of the goods therefore paid by the Buyer to Seller. Seller shall not be liable for failure to perform its obligations under the contract resulting directly or indirectly from circumstances beyond Seller s reasonable control.
REMEDIES AND LIMITATIONS OF LIABILITY. In the event Buyer claims Seller has breached any of its obligations under the Sales Contract, whether of warranty or otherwise, Seller may request the return of Goods and tender to Buyer, at Seller’s option, a replacement shipment of Goods. If Seller so requests the return of the Goods, the Goods will be redelivered to Seller in accordance with Seller’s instructions and at Xxxxx’s expense. Except as herein provided, Seller shall have no further obligation under the Sales Contract. The remedies contained in this paragraph and paragraph 12 hereof shall constitute the sole recourse of Buyer against Seller for breach of any of Seller’s obligations under the Sales Contract, whether warranty or otherwise.
REMEDIES AND LIMITATIONS OF LIABILITY. Advanced Roofing Services, Inc. will repair any portion of the roof containing defected within X year(s) of installation date, provided, however, that Advanced Roofing Services, Inc.’s maximum liability will not exceed the original purchase price of the roof.
REMEDIES AND LIMITATIONS OF LIABILITY. The parties acknowledge that circumstances could arise entitling a party to damages or rescission arising from a failure by the other party to perform its obligations under this Agreement and have agreed, in all such circumstances, that the remedies of the non-defaulting party and the liabilities of the defaulting party shall be limited to those set forth in this Agreement. For any breach or default of this Agreement by eFunds, the sole liability of eFunds shall be to remedy the breach. Each party reserves the right to obtain equitable relief where appropriate. Customer also waives any and all claims for incidental, special, punitive, indirect or consequential damages of any kind. In addition to the preceding limitations, eFunds shall not be liable for any losses, claims, demands, penalties, actions, causes of action, suits, obligations, liabilities, damages, delays, costs or expenses, including reasonable attorney’s fees, (collectively “Losses”) of any kind unless Customer provides written notice to eFunds of the event that gave rise to the alleged liability within thirty (30) days of occurrence. No action arising out of this Agreement may be brought by Customer more than one (1) year following the event that gave rise to the action. eFunds’ liability under this Agreement is limited, in all cases, in the aggregate, to the amount of fees paid for the applicable product or service during the three (3) month period immediately preceding the event that gave rise to the liability. If an eFunds’ service is ever inoperative or unavailable, Customer’s sole and exclusive remedy, except to the extent set forth in section 12(b), is the retransmission of data when the service becomes operational again. These limitations shall apply regardless of the form of action and whether the action is brought in contract, tort (including, but not limited to, negligence or strict liability), or otherwise. Each party acknowledges that the services provided and fees paid under this Agreement are based in part upon the Customer’s willingness to accept the limitations of liabilities set forth in this section.
REMEDIES AND LIMITATIONS OF LIABILITY. (a) Customer agrees that the Company’s liability to Customer and/or any customer, client, shipper, or consignee of Customer (a “Shipping Party”) for Cargo lost or damaged shall be governed by the liability provisions contained in the following international conventions or statutes, as applicable and without limitation: the Convention for the Unification of Certain Rules Relating to International Carriage by Air, October 12, 1929 (“Warsaw Convention”), as amended by the Hague Protocol, September 28, 1955 and as amended by the Protocol of Guatemala City, March 8, 1971; the Montreal Protocol No. 4, September 25, 1975 (“Montreal Protocol”); the Montreal Convention, May 28, 1999 (“Montreal Convention”); the International Convention for the Unification of Certain Rules Relating to Bills of Lading, August 25, 1924 (the “Hague Rules”); the Protocol to Amend the Hague Rules, February 23, 1968 (“Hague-Visby Rules”); the United States Carriage of Goods by Sea Act, 46 U.S.C. App. §§ 1300 et seq. (“COGSA”), and any other mandatory laws or international conventions that may be applicable (hereinafter individually, collectively and in any combination referred to as the “International Rules”).
REMEDIES AND LIMITATIONS OF LIABILITY. In the event that either Party sells any Board of or into the other Party's Field of Use after the expiration of ninety (90) days after the Effective Date, the selling Party will pay the other Party a fee of 20% of the selling price of each such product sold. These fees are in addition to any fees or royalties paid by (i) Agilent, including but not limited to those for the Fibre Channel Management Software, and (ii) Adaptec as outlined in Exhibit H, and do not count toward the Minimum Royalty Payment to Agilent or the Royalty break level. Fees will be due within 30 days of the end of each calendar quarter. Upon fifteen (15) days' prior written notice to the other Party, either Party may, at its own expense, appoint an independent auditor, to whom the other Party has no reasonable objection, to audit and examine such records at the other Party's offices during normal business hours, for the purpose of confirming sales of Boards of or into a Party's Field of Use and the appropriate payment of fees pursuant to this provision. A Party may exercise audit rights pursuant to this Agreement no more than two (2) times within any calendar year. WITH THE EXCEPTION OF ANY LIABILITY ARISING FROM A BREACH OF AGILENT'S WARRANTY IN SECTION 13.2 AND/OR A PARTY'S OBLIGATION UNDER SECTIONS 14 AND 16, IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY LOST PROFITS OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER SPECIAL DAMAGES SUFFERED BY SUCH PARTY, ITS CUSTOMERS OR OTHERS ARISING OUT OF OR RELATED TO THIS AGREEMENT, FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDING TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY AND BREACH OF WARRANTY) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL EITHER PARTY'S LIABILTY TO THE OTHER EXCEED THE MINIMUM AMOUNTS SCHEDULED TO BE PAID BY ADAPTEC TO AGILENT UNDER THE TERM OF THIS AGREEMENT.
REMEDIES AND LIMITATIONS OF LIABILITY. 12.1 Nortel shall have the right to suspend its performance, upon written notice to Company, and forthwith remove and take possession of all Products that shall have been delivered to Company, if, prior to payment to Nortel of any amounts due pursuant to this Agreement with respect to such Products, Company shall (i) become insolvent or bankrupt or cease, be unable, or admit in writing its inability, to pay all debts as they mature, or make a general assignment for the benefit of, or enter into any arrangement with, creditors; (ii) authorize, apply for, or consent to the appointment of, a receiver, trustee, or liquidator of all or a substantial part of its assets or have proceedings seeking such appointment commenced against it which are not terminated within sixty (60) days of such commencement; or (iii) file a voluntary petition under any bankruptcy or insolvency law or under the reorganization or arrangement provisions of the United States Bankruptcy Code or any similar law of any jurisdiction or have proceedings under any such law instituted against it which are not terminated within sixty (60) days of such commencement. Community NetWorks, Inc. MPA
REMEDIES AND LIMITATIONS OF LIABILITY
