Common use of Total Liability Clause in Contracts

Total Liability. The total liability of GE for any and all claims, whether in contract, warranty, tort (including negligence but excluding gross negligence and willful misconduct), product liability, or otherwise, for any damages arising out of, connected with or resulting from the performance or non-performance of any Service will not, in relation to any individual claim, exceed the [***]. Notwithstanding the foregoing, in no event will GE have any liability hereunder, whether as a result of breach of contract, warranty, tort (including negligence but excluding willful misconduct or recklessness), product liability, or otherwise, for any special, consequential, incidental, resultant or indirect damages, (including, without limitation, loss of: use, profit revenue or goodwill) or punitive or exemplary damages. In no event will GE have any liability hereunder, whether as a result of breach of contract, warranty, tort (including negligence), product liability, patent liability, or otherwise, for the design, material, workmanship, engineering defects or product liability and any damages whatsoever, including damages to personal property and for personal injury or death, caused in any way by the manufacture of an Engine, or the parts, LRU’s, components or material, thereof, or related thereto. In the event Customer uses non-GE approved LRU’s, parts or repairs in an Engine and such LRU’s, parts or repairs cause personal injury, death or property damage to third parties, Customer shall indemnify and hold harmless GE from all claims and liabilities associated therewith. The preceding indemnity shall apply whether or not GE was provided a right under this Agreement to remove such LRU’s, parts or repairs, and irrespective of the exercise by GE of such right.

Total Liability. The total liability of GE for any and all claims, whether in contract, warranty, tort (including negligence but excluding gross negligence and willful misconductmisconduct ), product liability, patent infringement or otherwise, for any damages arising out of, connected with or resulting from the performance or non-performance of any Service or from the manufacture, sale, Redelivery, resale, repair, overhaul, replacement or use of the Engine or any item or part thereof, will not, in relation to any individual claim, not exceed the [***]] which gives rise to the claim. Notwithstanding the foregoing, in no event will GE have any liability hereunder, whether as a result of breach of contract, warranty, tort (including negligence but excluding willful misconduct or recklessness), product liability, or otherwise, for any special, consequential, incidental, resultant or indirect damages, (including, without limitation, loss of: use, profit profit, revenue or goodwill) or punitive or exemplary damages. In no event will GE have any liability hereunder, whether as a result of breach of contract, warranty, tort (including negligence), product liability, patent liability, or otherwise, for the design, material, workmanship, engineering defects or product liability and any damages whatsoever, including damages to personal property and for personal injury or death, caused in any way by the manufacture manufacturer of an Engine, or the parts, LRU’sLRUs, components or material, thereof, or related thereto. In the event Customer uses non-GE parts or non-GE approved LRU’sLRUs, parts or repairs in an Engine and such LRU’sLRUs, parts or repairs cause personal injury, death or property damage to third parties, Customer shall indemnify and hold harmless GE from all claims and liabilities associated therewith. The preceding indemnity shall apply whether or not GE was provided a right under this Agreement to remove such LRU’sLRUs, parts or repairs, and irrespective of the exercise by GE of such right.

Total Liability. The total liability of GE for any and all claims, whether in contract, warranty, tort (including negligence but excluding gross negligence and willful misconduct, gross negligence, and recklessness), product liability, patent infringement or otherwise, for any damages arising out of, connected with or resulting from the performance or non-performance of any Service will notor from the manufacture, in relation to sale, Redelivery, resale, repair, overhaul, replacement or use of the Engine or any individual claim, exceed the item or part thereof[***]. Notwithstanding the foregoing, in no event will GE have any liability hereunder, whether as a result of breach of contract, warranty, tort (including negligence but excluding excluding, willful misconduct or recklessness), product liability, or otherwise, for any special, consequential, incidental, resultant or indirect damages, (including, without limitation, loss of: use, profit profit, revenue or goodwill) or punitive or exemplary damages. In no event will GE have any liability hereunder, whether as a result of breach of contract, warranty, tort (including negligence), product liability, patent liability, or otherwise, for the design, material, workmanship, engineering defects or product liability and any damages whatsoever, including damages to personal property and for personal injury or death, caused in any way by the manufacture manufacturer of an Engine, or the parts, LRU’s, components or material, thereof, or related thereto. In no event will the event limitation of liability provided in this Section 1.1 to any extent or in any manner limit the ability to recover against GE if and to the extent Customer uses incurs a loss or liability to a third-party directly arising out of the performance or non-GE approved LRU’sperformance of a Service or from the manufacture, parts sale, Redelivery, resale, repair, overhaul, replacement or repairs in an Engine and such LRU’s, parts or repairs cause personal injury, death or property damage to third parties, Customer shall indemnify and hold harmless GE from all claims and liabilities associated therewith. The preceding indemnity shall apply whether or not GE was provided a right under this Agreement to remove such LRU’s, parts or repairs, and irrespective use of the exercise by GE of such rightEngine or any item or part thereof.

Total Liability. The total liability of GE for any and all claims, whether in contract, warranty, tort (including simple negligence but excluding gross negligence and willful misconduct, or gross negligence), product liability, patent infringement or otherwise, for any damages arising out of, connected with or resulting from the performance or non-performance of any Service or from the manufacture, sale, Redelivery, resale, repair, overhaul, replacement or use of the Engine or any item or part thereof, will not, in relation to any individual claim, not exceed the [***]. ] Notwithstanding the foregoing, in no event will GE have any liability hereunder, whether as a result of breach of contract, warranty, tort (including simple negligence but excluding willful misconduct or recklessnessgross negligence), product liability, or otherwise, for any special, consequential, incidental, resultant or indirect damages, damages (including, without limitation, loss of: of use, profit profit, revenue or goodwill) or punitive or exemplary damages. In no event will GE have any liability hereunder, whether as a result of breach of contract, warranty, tort (including negligence), product liability, patent liability, or otherwise, for the design, material, workmanship, engineering defects or product liability and any damages whatsoever, including damages to personal property and for personal injury or death, caused in any way by the manufacture manufacturer of an Engine, or the parts, LRU’s, components or material, thereof, or related thereto. In the event Customer uses non-GE non CFM parts or non CFM approved LRU’s, parts or repairs in an Engine and such LRU’s, parts or repairs cause personal injury, death or property damage to third parties, Customer shall indemnify and hold harmless GE from all claims and liabilities associated therewith. The preceding indemnity shall apply whether or not GE was provided a right under this Agreement to remove such LRU’s, parts or repairs, and irrespective of the exercise by GE of such right.

Total Liability. The total liability of GE for any and all claims, whether in contract, warranty, tort (including simple negligence but excluding gross negligence and willful misconduct, or gross negligence), product liability, patent infringement or otherwise, for any damages arising out of, connected with or resulting from the performance or non-performance of any Service or from the manufacture, sale, Redelivery, resale, repair, overhaul, replacement or use of the Engine or any item or part thereof, will not, in relation to any individual claim, not exceed the [***]. ] Notwithstanding the foregoing, in no event will GE have any liability hereunder, whether as a result of breach of contract, warranty, tort (including simple negligence but excluding willful misconduct or recklessnessorgross negligence), product liability, or otherwise, for any special, consequential, incidental, resultant or indirect damages, damages (including, without limitation, loss of: of use, profit profit, revenue or goodwill) or punitive or exemplary damages. In no event will GE have any liability hereunder, whether as a result of breach of contract, warranty, tort (including negligence), product liability, patent liability, or otherwise, for the design, material, workmanship, engineering defects or product liability and any damages whatsoever, including damages to personal property and for personal injury or death, caused in any way by the manufacture manufacturer of an Engine, or the parts, LRU’s, components or material, thereof, or related thereto. In the event Customer uses non-GE non CFM parts or non CFM approved LRU’s, parts or repairs in an Engine and such LRU’s, parts or repairs cause personal injury, death or property damage to third parties, Customer shall indemnify and hold harmless GE from all claims and liabilities associated therewith. The preceding indemnity shall apply whether or not GE was provided a right under this Agreement to remove such LRU’s, parts or repairs, and irrespective of the exercise by GE of such right.