Limitations of Liability and Remedies. For any material breach of this Agreement by HP, Customer's remedy and HP's liability will be limited to a refund of price paid for this Agreement for the products at issue. HP will not be liable for performance delays or for nonperformance due to causes beyond its reasonable control, including when product or parts are not available. To the extent HP is held legally liable to Customer, HP's liability is limited to damages for bodily injury and damages to tangible property up to the limit of $300,000 (U.S.) and other direct damages for any claim based on a material breach of support services, up to a maximum of the support charges paid by Customer for this Agreement for the products at issue. THE REMEDIES PROVIDED IN THIS AGREEMENT ARE CUSTOMER'S SOLE AND EXCLUSIVE REMEDIES. EXCEPT AS INDICATED ABOVE, IN NO EVENT WILL HP, ITS AFFILIATES, ITS SUBCONTRACTORS, OR SUPPLIERS BE LIABLE FOR LOSS OF DATA OR FOR DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING DOWNTIME COSTS OR LOST PROFIT), OR OTHER DAMAGE WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE.
Limitations of Liability and Remedies. FOR ANY BREACH OF THIS AGREEMENT BY HP, CUSTOMER’S REMEDY AND HP’S LIABILITY WILL BE LIMITED TO A REFUND OF THE CHARGES PAID FOR THIS AGREEMENT BY CUSTOMER FOR THE HP PRODUCTS AT ISSUE. HP WILL NOT BE LIABLE FOR PERFORMANCE DELAYS OR FOR NONPERFORMANCE DUE TO CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING WHEN PRODUCT OR PARTS ARE NOT AVAILABLE. TO THE EXTENT HP IS HELD LEGALLY LIABLE TO CUSTOMER, HP’S LIABILITY IS LIMITED TO DAMAGES FOR BODILY INJURY AND DAMAGES TO TANGIBLE PROPERTY UP TO THE LIMIT OF $300,000 (U.S) AND FOR OTHER DIRECT DAMAGES FOR ANY CLAIM BASED ON A MATERIAL BREACH OF SUPPORT SERVCIES, UP TO A MAXIMUM OF THE CHARGES PAID BY CUSTOMER FOR THIS AGREEMENT FOR THE HP PRODUCTS AT ISSUE. THE REMEDIES PROVIDED IN THIS AGREEMENT ARE CUSTOMER'S SOLE AND EXCLUSIVE REMEDIES. EXCEPT AS INDICATED ABOVE, IN NO EVENT WILL HP, ITS AFFILIATES, ITS SUBCONTRACTORS, OR SUPPLIERS BE LIABLE FOR LOSS OF DATA OR FOR DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING DOWNTIME COSTS OR LOST PROFIT), OR OTHER DAMAGE WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE. SOME STATES DO NOT ALLOW A LIMITATION OR THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR CONSUMER PRODUCTS OR OF A CONSUMER’S STATUTORY RIGHTS. IN SUCH STATES SOME EXCLUSIONS OR LIMITATIONS OF THIS LIMITED WARRANTY MAY NOT APPLY TO YOU.
Limitations of Liability and Remedies. EXCEPT PURSUANT TO THE INDEMNITY OBLIGATIONS OF SECTION 9, OR FOR A MATERIAL BREACH OF A PARTY’S OBLIGATIONS UNDER SECTIONS 12 OR 13, OR FOR INFRINGEMENT OR MISUSE OF INTELLECTUAL PROPERTY RIGHTS OF A PARTY HEREUNDER, (A) NO PARTY, NOR ITS AFFILIATES NOR EMPLOYEES, OFFICERS, REPRESENTATIVES NOR AGENTS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, COSTS, OR LIABILITIES ARISING FROM THE SUBJECT MATTER OF THIS AGREEMENT, REGARDLESS OF THE TYPE OF CLAIM AND EVEN IF THAT PARTY OR AFFILIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS; AND (B) DAMAGES IN CONNECTION WITH CLAIMS UNDER THIS AGREEMENT SHALL BE LIMITED TO ($1,000,000) ONE MILLION DOLLARS.
Limitations of Liability and Remedies. To the extent allowed by Australian law: (i) HP's liability, whether in contract, tort including negligence, equity, statute or otherwise is limited to: (a) damages for bodily injury; (b) direct damages to tangible property up to a limit of U.S.$300,000; and (c) other direct damages for any claim based on a material breach of HP Support Services under this Agreement, up to a maximum of the support charges paid by Customer for this Agreement for the products at issue; (ii) in no event will HP or its affiliates, subcontractors or suppliers be liable for any lost profits or savings, whether actual or potential; any lost revenue, contracts, customers, opportunities or goodwill, whether actual or potential; downtime costs; any loss of data, or software restoration; any damages relating to Customer’s procurement of substitute products or services (i.e. “cost of cover”); or incidental, indirect, special, economic, punitive or consequential loss or damage whether or not HP was aware or should have been aware of the possibility of such loss or damage (but excluding damages for bodily injury); and (iii) the remedies contained in these terms and conditions are Customer's sole and exclusive remedies. HP will not be liable for performance delays or for non-performance due to causes beyond its reasonable control.
Limitations of Liability and Remedies. (1) UNDER NO CIRCUMSTANCES SHALL LICENSOR OR ITS MEMBERS, DIRECTORS, EQUITY OWNERS, SHAREHOLDERS, OFFICERS, MANAGERS, EMPLOYEES, AGENTS, DISTRIBUTORS, RESELLERS OR OTHER AFFILIATES BE LIABLE FOR ANY SPECIFIC PERFORMANCE OR FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, TREBLE OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE WHATSOEVER, ARISING OUT OF OR IN ANY WAY RELATING TO THIS XXXX OR ANY ACT, OMISSION OR OTHER ALLEGED CONDUCT RELATING TO THE SOFTWARE PRODUCTS OR TO LICENSOR, INCLUDING WITHOUT LIMITATION, ANY DAMAGES FOR LOST GOODWILL OR PROFITS, LOSS OF DATA OR SOFTWARE, WORK STOPPAGE OR IMPAIRMENT OF OTHER GOODS, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR REASONABLE CARE, NEGLIGENCE, OR FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) EVEN IF LICENSOR OR ITS MEMBERS, DIRECTORS, EQUITY OWNERS, SHAREHOLDERS, OFFICERS, MANAGERS, EMPLOYEES, AGENTS, DISTRIBUTORS, RESELLERS, OR OTHER AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR KNOWS OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER OR NOT THIS XXXX FAILS IN ITS ESSENTIAL PURPOSE.
Limitations of Liability and Remedies. 11.1 ANYTHING TO THE CONTRARY HEREIN NOTWITHSTANDING, EXCEPT FOR (I) DAMAGES RESULTING FROM UNAUTHORIZED USE OR DISCLOSURE OF PROPRIETARY INFORMATION (II) SAP’s RIGHT TO COLLECT UNPAID FEES AND (III) THE PROVISIONS OF SECTION 11.3 BELOW, UNDER NO CIRCUMSTANCES SHALL SAP, ITS CONSULTANTS OR LICENSEE BE LIABLE TO EACH OTHER OR ANY OTHER PERSON OR ENTITY FOR ANY CLAIM ARISING OUT OF AND RELATING TO THE PERFORMANCE OF SERVICES UNDER A STATEMENT OF WORK FOR AN AMOUNT OF DAMAGES IN EXCESS OF [ *117 ] HEREUNDER OR BE LIABLE IN ANY AMOUNT FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES, LOSS OF GOOD WILL OR BUSINESS PROFITS, WORK STOPPAGE, DATA LOSS, COMPUTER FAILURE OR MALFUNCTION, ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSS, OR EXEMPLARY OR PUNITIVE DAMAGES.
Limitations of Liability and Remedies. IN NO EVENT SHALL COMPANY’S LIABILITY UNDER THIS AGREEMENT ARISING OUT OF ANY EVENT EXCEED USD$1.00. NETGEAR shall not be liable for performance delays or for nonperformance due to causes beyond its reasonable control. The Services do not assure uninterrupted operation of the Customer’s equipment and network. EXCEPT AS INDICATED ABOVE, IN NO EVENT WILL NETGEAR, ITS AFFILIATES, ITS SUBCONTRACTORS, OR SUPPLIERS BE LIABLE FOR LOSS OF DATA OR FOR DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING DOWNTIME COSTS, LOST DATA OR LOST PROFIT), OR OTHER DAMAGE WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE. THE PARTIES AGREE THIS PROVISION REPRESENTS A REASONABLE ALLOCATION OF RISK BETWEEN THEM. NETGEAR AT ITS SOLE DISCRETION RESERVES THE RIGHT AT ANY TIME WITHOUT PRIOR NOTICE TO DISCONTINUE THE ONSITE REPLACEMENT SERVICES PROVIDED HEREIN WITHOUT LIABILITY.
Limitations of Liability and Remedies. 8.1 If data is processed in error due to an error or defects in the services provided by SA, then upon SA receiving notice of such error or defect, SA shall reprocess such data without charge to HCM. This provision includes errors to single or multiple policies affected by such errors.
Limitations of Liability and Remedies. 6.1 To the fullest extent permitted by law, the total liability, in the aggregate, of Consultant and consultant’s officers, directors, employees, agents, and independent professional associates and consultants, and any of them, to Client and anyone claiming by, through or under Client, for any and all injuries, claims, losses, expenses, or damages whatsoever arising out of or in any way related to Consultant's services, the Project or this Agreement, from any cause or causes whatsoever, including but not limited to, the negligence, errors, omissions, strict liability, breach of contract, breach of warranty of Consultant or Consultant's officers, directors, employees, agents or independent professional associates or consultants, or any of them, shall not exceed the total compensation received by Consultant under this Agreement, or the total amount of $25,000, whichever is greater
Limitations of Liability and Remedies. LICENSOR WILL HAVE NO LIABILITY TO YOU, YOUR CLIENTS, OR TO ANY OTHER THIRD PARTIES IN CONNECTION WITH ANY USE OF THE FORMS IN ANY MANNER WHATSOEVER. IN NO EVENT SHALL LICENSOR BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS RESULTING FROM BUSINESS DISRUPTION, LOSS OF DATA, LOST PROFITS, LOST GOODWILL OR DAMAGES TO YOUR SYSTEMS OR DATA, WHETHER YOUR CLAIMS ARISE UNDER CONTRACT OR STATUTE, OR ARE BASED UPON A CLAIM OF STRICT LIABILITY, NEGLIGENCE OR SOME OTHER TORT CLAIM, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY THEREOF.
