Exclusions and Limitations of Liability. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, (a) NONE OF THE 8x8 PARTIES SHALL BE LIABLE UNDER THE AGREEMENT FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR COVER DAMAGES; LOSS OF PROFITS, REVENUES, OR GOODWILL; OR LOSS OR INTERRUPTION OF BUSINESS, WHETHER FROM BREACH OR REPUDIATION OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, TORT, STRICT LIABILITY, OR OTHERWISE AND (b) THE MAXIMUM LIABILITY OF THE 8x8 PARTIES UNDER THE AGREEMENT, WHETHER ARISING FROM A THEORY OR CLAIM OF BREACH OR REPUDIATION OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, TORT, STATUTORY DUTY, OR OTHERWISE, SHALL IN NO CASE EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAYABLE UNDER THE AGREEMENT FOR THE TWELVE- (12-) MONTH PERIOD PRECEDING THE FIRST INCIDENT OUT OF WHICH THE LIABILITY AROSE. THE FOREGOING EXCLUSION AND LIMITATION SHALL APPLY REGARDLESS OF WHETHER EITHER PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND ON A CUMULATIVE (RATHER THAN PER-INCIDENT) BASIS. CUSTOMER ACKNOWLEDGES AND AGREES THAT THE PRICING AND OTHER TERMS UNDER THE AGREEMENT ARE BASED ON THE FOREGOING EXCLUSION AND LIMITATION.
Exclusions and Limitations of Liability. 12.1 The Parties’ liability in contract, tort, and otherwise for loss including but not limited to wasted anticipatory expenditure, is subject to the following provisions:
Exclusions and Limitations of Liability. 22.1 Notwithstanding any other term or condition contained in this Agreement, the User acknowledges and agrees that ARESC is only able to provide the Services, through Rogers, at the fees agreed upon on the basis that ARESC shall have no liability to the User whatsoever except as expressly stated in this Section 22.
Exclusions and Limitations of Liability a. Transporter agrees to use commercially reasonable efforts to receive all required approvals and permits to construct expansion facilities necessary to provide the Expansion Firm Services. Notwithstanding the foregoing or any other provision of this Precedent Agreement, Transporter will not be liable to Shipper for any damages, howsoever incurred, arising from Transporter’s inability or failure to construct the expansion facilities or to provide the Expansion Firm Services contemplated by this Precedent Agreement.
Exclusions and Limitations of Liability a. Exclusion of liability for indirect damages, etc.: In no event will Hindenburg be liable to the Licensee or any other person or entity for any indirect damages of any kind, including, without limitation, for lost profits, lost savings, lost data or other special, indirect, punitive, consequential, or incidental damages arising out of or relating to the software (or to any service furnished to the Licensee), or undertaken by Hindenburg to be furnished to the Licensee, or to the use thereof or otherwise arising out of or relating to any obligations that Hindenburg may have under the agreement, even if Hindenburg has been advised of the possibility of such loss or damage. The foregoing exclusion of liability applies to all causes of action, including breach of contract, breach of warranty, strict liability, negligence and other torts.
Exclusions and Limitations of Liability a) Certain legislation, including the Australian Competition and Consumer Xxx 0000 (Cth) may impose or imply warranties, conditions, guarantees or other obligations which cannot be excluded, restricted or modified except to a limited extent. This Agreement must be read subject to those statutory provisions. If those statutory provisions apply, notwithstanding any other provision of this Agreement, to the extent to which Good2Give is entitled to do so, Good2Give limits its liability in respect of any claim to:
Exclusions and Limitations of Liability. These terms do not exclude or restrict our liability if our negligence causes death or injury to you.
Exclusions and Limitations of Liability. (a) So far as the law allows, subject to clauses 10.2(b) and 10.2(c), each party will have no liability to the other party arising out of or in connection with this Agreement whether in contract, in tort (including negligence), in equity, by operation of law or otherwise for Losses, including Consequential Losses. This exclusion of liability applies whether or not a party was aware of the possibility of such Consequential Loss to the other party when this Agreement was entered into.
Exclusions and Limitations of Liability. 14.1. The Courier will be liable to the Customer for physical, direct losses and damages in respect of the goods, if such physical direct losses or damages are caused directly by the negligence or fault based conduct or omissions of the Courier, from the time that the Courier takes possession of the goods until the time that the Courier correctly delivers the goods to the designated consignee.
Exclusions and Limitations of Liability. 8.1 Scitor ITS is not liable for any delay in performing its obligations or for any failure to perform its obligations under the Agreement if the delay or failure results from circumstances beyond Scitor ITS' reasonable control. Scitor ITS will notify the customer in a reasonable timeframe of any delay in performing its obligations or of any failure to perform its obligations under this Agreement.
