Common use of IN NO EVENT WILL Clause in Contracts

IN NO EVENT WILL. ITAPMENU BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY CHARACTER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS OR GOOD WILL, WORK STOPPAGE, LOSS OF INFORMATION OR DATA, LOSS OF REVENUE OR PROFIT, COMPUTER FAILURE, AND TELECOMMUNICATIONS CHARGES FROM UNAUTHORIZED ACCESS) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ANY SOFTWARE, EQUIPMENT OR ITAPMENU SERVICES, REGARDLESS OF THE LEGAL THEORY ASSERTED, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE AGGREGATE AND TOTAL LIABILITY OF ITAPMENU FOR ANY AND ALL CLAIMS ARISING OUT OF THIS AGREEMENT WILL BE LIMITED TO DIRECT DAMAGES AND WILL NOT EXCEED THE AMOUNTS ACTUALLY PAID BY DEALER TO ITAPMENU IN THE TWELVE MONTHS PRECEDING THE DATE A CLAIM IS MADE BY DEALER. ITAPMENU WILL NOT BE LIABLE TO DEALER FOR ANY CLAIMS OR DEMANDS BROUGHT AGAINST DEALER BY ANY THIRD PARTY.

IN NO EVENT WILL. ITAPMENU NTI AND/OR ANY OF ITS SUPPLIERS BE LIABLE FOR TO OR THROUGH BUYER FOR: (1) ANY INCIDENTALINDIRECT, SPECIAL, INDIRECTINCIDENTAL AND/OR CONSEQUENTIAL DAMAGES (INCLUDING, CONSEQUENTIALBUT NOT LIMITED TO, LOST PROFITS, LOST SAVINGS, OR PUNITIVE INTERRUPTION OF BUSINESS) SUFFERED BY BUYER FOR ANY REASON; (2) ANY DAMAGES SUFFERED BY BUYER AS A RESULT OF BUYER'S FAILURE TO LIVE UP TO BUYER'S OBLIGATIONS UNDER THIS AGREEMENT; (3) ANY CLAIM AGAINST BUYER BY ANY THIRD PARTY FOR DAMAGES OF ANY CHARACTER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS KIND: ANY OR ALL OF BUSINESS OR GOOD WILL, WORK STOPPAGE, LOSS OF INFORMATION OR DATA, LOSS OF REVENUE OR PROFIT, COMPUTER FAILURE, AND TELECOMMUNICATIONS CHARGES WHICH ARISE FROM UNAUTHORIZED ACCESS) ARISING OUT OF OR IN CONNECTION WITH THE DELIVERY, USE, OR PERFORMANCE OF SOFTWARE GOVERNED BY THIS AGREEMENT AGREEMENT, AND EVEN IF NTI AND/OR ANY SOFTWARE, EQUIPMENT OR ITAPMENU SERVICES, REGARDLESS OF THE LEGAL THEORY ASSERTED, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES LOSS, EXCEPT AS GRANTED IN THE BODY OF THE AGREEMENT TO WHICH THIS LICENSE IS ATTACHED, THE LICENSED SOFTWARE IF PROVIDED BY NTI "AS IS" AND EVEN IF WITHOUT WARRANTY OF ANY KIND OR NATURE, WRITTEN OR ORAL, EXPRESS OR IMPLIED, INCLUDING (WITHOUT LIMITATION) THE IMPLIED WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PARTICULAR PURPOSE. THE AGGREGATE AND TOTAL LIABILITY THIS LIMITATION OF ITAPMENU FOR ANY AND ALL CLAIMS ARISING OUT OF THIS AGREEMENT WILL BE LIMITED TO DIRECT DAMAGES AND WILL NOT EXCEED THE AMOUNTS ACTUALLY PAID BY DEALER TO ITAPMENU WARRANTIES WAS A MATERIAL FACTOR IN THE TWELVE MONTHS PRECEDING ESTABLISHMENT OF THE DATE A CLAIM IS MADE BY DEALERLICENSE FEE CHARGED FOR EACH SPECIFIC ITEM OF SOFTWARE LICENSED. ITAPMENU WILL NOT BE LIABLE TO DEALER FOR ANY CLAIMS OR DEMANDS BROUGHT AGAINST DEALER BY ANY THIRD PARTY.Supply Version 2.0 Wireless - 1/95

IN NO EVENT WILL. ITAPMENU NTI AND/OR ANY OF ITS SUPPLIERS BE LIABLE FOR TO OR THROUGH BUYER FOR: (1) ANY INCIDENTALINDIRECT, SPECIAL, INDIRECTINCIDENTAL AND/OR CONSEQUENTIAL DAMAGES (INCLUDING, CONSEQUENTIALBUT NOT LIMITED TO, LOST PROFITS, LOST SAVINGS, OR PUNITIVE INTERRUPTION OF BUSINESS) SUFFERED BY BUYER FOR ANY REASON; (2) ANY DAMAGES SUFFERED BY BUYER AS A RESULT OF BUYER'S FAILURE TO LIVE UP TO BUYER'S OBLIGATIONS UNDER THIS AGREEMENT; (3) ANY CLAIM AGAINST BUYER BY ANY THIRD PARTY FOR DAMAGES OF ANY CHARACTER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS KIND: ANY OR ALL OF BUSINESS OR GOOD WILL, WORK STOPPAGE, LOSS OF INFORMATION OR DATA, LOSS OF REVENUE OR PROFIT, COMPUTER FAILURE, AND TELECOMMUNICATIONS CHARGES WHICH ARISE FROM UNAUTHORIZED ACCESS) ARISING OUT OF OR IN CONNECTION WITH THE DELIVERY, USE, OR PERFORMANCE OF SOFTWARE GOVERNED BY THIS AGREEMENT AGREEMENT, AND EVEN IF NTI AND/OR ANY SOFTWARE, EQUIPMENT OR ITAPMENU SERVICES, REGARDLESS OF THE LEGAL THEORY ASSERTED, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES LOSS, EXCEPT AS GRANTED IN THE BODY OF THE AGREEMENT TO WHICH THIS LICENSE IS ATTACHED, THE LICENSED SOFTWARE IF PROVIDED BY NTI "AS IS" AND EVEN IF WITHOUT WARRANTY OF ANY KIND OR NATURE, WRITTEN OR ORAL, EXPRESS OR IMPLIED, INCLUDING (WITHOUT LIMITATION) THE IMPLIED WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PARTICULAR PURPOSE. THE AGGREGATE AND TOTAL LIABILITY THIS LIMITATION OF ITAPMENU FOR ANY AND ALL CLAIMS ARISING OUT OF THIS AGREEMENT WILL BE LIMITED TO DIRECT DAMAGES AND WILL NOT EXCEED THE AMOUNTS ACTUALLY PAID BY DEALER TO ITAPMENU WARRANTIES WAS A MATERIAL FACTOR IN THE TWELVE MONTHS PRECEDING ESTABLISHMENT OF THE DATE A CLAIM IS MADE BY DEALERLICENSE FEE CHARGED FOR EACH SPECIFIC ITEM OF SOFTWARE LICENSED. ITAPMENU WILL NOT BE LIABLE TO DEALER FOR ANY CLAIMS OR DEMANDS BROUGHT AGAINST DEALER BY ANY THIRD PARTY.Supply Version 2.0 Wireless - 1/95 ANNEX 7

IN NO EVENT WILL. ITAPMENU ZEBEDEE BE LIABLE TO COMPANY FOR ANY SPECIAL, INCIDENTAL, SPECIALEXEMPLARY, INDIRECT, CONSEQUENTIAL, PUNITIVE OR PUNITIVE CONSEQUENTIAL DAMAGES OF ANY CHARACTER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, FUNDS, DATA, BUSINESS OR GOOD WILL, WORK STOPPAGE, LOSS OF INFORMATION OR DATA, LOSS OF REVENUE OR PROFIT, COMPUTER FAILURE, AND TELECOMMUNICATIONS CHARGES FROM UNAUTHORIZED ACCESSPROFITS) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ANY SOFTWARE, EQUIPMENT OR ITAPMENU SERVICES, REGARDLESS OF THE LEGAL THEORY ASSERTEDAGREEMENT, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED ON BREACH OF UPON CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHERWISE, EVEN IF AND WHETHER OR NOT ZEBEDEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES LOSS OR DAMAGE. ZEBEDEE WILL NOT BE LIABLE FOR FUNDS LOSS OR ANY LOSS OR DAMAGE ARISING FROM OR RELATED TO: (A) COMPANY’S SYSTEMS, PRODUCTS, OR INTERNAL SECURITY OR (B) BLOCKCHAIN NETWORKS. THE FOREGOING LIMITATIONS WILL SURVIVE AND APPLY EVEN IF A ANY LIMITED REMEDY SET FORTH HEREIN SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE AGGREGATE AND TOTAL IN ANY CASE, XXXXXXX’S ENTIRE LIABILITY OF ITAPMENU FOR ANY AND ALL CLAIMS ARISING OUT OF UNDER THIS AGREEMENT WILL BE LIMITED TO DIRECT DAMAGES AND WILL NOT EXCEED THE AMOUNTS ACTUALLY TOTAL FEES PAID OR PAYABLE BY DEALER COMPANY TO ITAPMENU ZEBEDEE IN THE TWELVE SIX (6) MONTHS PRECEDING PRIOR TO THE DATE A CLAIM IS MADE BY DEALEREVENT GIVING RISE TO THE CLAIM. ITAPMENU NEITHER PARTY WILL NOT BE LIABLE TO DEALER RESPONSIBLE FOR ANY CLAIMS OR DEMANDS BROUGHT AGAINST DEALER BY ANY THIRD PARTYREASONABLE DELAY IN PERFORMANCE DUE TO CAUSES BEYOND ITS REASONABLE CONTROL.

IN NO EVENT WILL. ITAPMENU BUYER BE ENTITLED TO OR SELLER BE LIABLE TO BUYER OR ANY OTHER PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, INDIRECTPUNITIVE, CONSEQUENTIAL, TORT OR PUNITIVE CONSEQUENTIAL DAMAGES OR LOSSES OF ANY CHARACTER (INCLUDING NATURE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES FOR LOSS OF BUSINESS OR GOOD WILL, WORK STOPPAGEINTERRUPTION COSTS, LOSS OF INFORMATION REVENUES, PROFITS OR SAVINGS, LOSS OF DATA, LOSS OF REVENUE GOODWILL, REPROCUREMENT, REMOVAL OR PROFITREINSTALLATION COSTS, COMPUTER FAILUREOVERHEAD OR INJURY TO REPUTATION OR LOSS OF CUSTOMERS, AND TELECOMMUNICATIONS CHARGES FROM UNAUTHORIZED ACCESS) OR FOR ANY CLAIMS ASSERTED AGAINST BUYER BY A THIRD PARTY ARISING DIRECTLY OR INDIRECTLY OUT OF OR IN CONNECTION WITH THIS AGREEMENT THE MANUFACTURE, DELIVERY, SALE, USE OR ANY SOFTWARE, EQUIPMENT OR ITAPMENU SERVICES, REGARDLESS DEFECT OF THE LEGAL THEORY ASSERTED, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISEPRODUCTS SOLD BY SELLER TO BUYER, EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSEOR LOSSES. THE AGGREGATE AND TOTAL LIABILITY OF ITAPMENU IN NO EVENT WILL SELLER BE LIABLE FOR ANY AND ALL CLAIMS PERSONAL INJURIES OR DEATH ARISING DIRECTLY OR INDIRECTLY OUT OF THIS AGREEMENT WILL BE LIMITED TO DIRECT DAMAGES OR IN CONNECTION WITH THE MANUFACTURE, USE OR DEFECT OF ANY SUCH PRODUCTS. NOTWITHSTANDING ANYTHING ELSE CONTAINED IN THESE TERMS AND CONDITIONS, BUYER’S RECOVERY FROM SELLER FOR ANY CLAIM WILL NOT EXCEED BUYER’S PURCHASE PRICE (PLUS SHIPPING CHARGES AUTHORIZED BY SELLER FOR RETURN THEREOF) FOR THE AMOUNTS ACTUALLY PAID BY DEALER PRODUCT GIVING RISE TO ITAPMENU SUCH CLAIM, IRRESPECTIVE OF THE NATURE OF THE CLAIM, WHETHER IN THE TWELVE MONTHS PRECEDING THE DATE A CLAIM IS MADE BY DEALER. ITAPMENU WILL NOT BE LIABLE TO DEALER FOR ANY CLAIMS CONTRACT, TORT, WARRANTY OR DEMANDS BROUGHT AGAINST DEALER BY ANY THIRD PARTYOTHERWISE.

IN NO EVENT WILL. ITAPMENU BUYER BE LIABLE FOR ANY LOSS OF ANTICIPATED REVENUE OR PROFITS, INTEREST, PENALTIES, OR INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, PUNITIVE, MULTIPLE, OR PUNITIVE EXEMPLARY DAMAGES OF ANY CHARACTER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS OR GOOD WILL, WORK STOPPAGE, LOSS OF INFORMATION OR DATA, LOSS OF REVENUE OR PROFIT, COMPUTER FAILURE, AND TELECOMMUNICATIONS CHARGES FROM UNAUTHORIZED ACCESS) ARISING OUT OF OR LIABILITIES IN CONNECTION WITH THIS AGREEMENT OR ANY SOFTWARE, EQUIPMENT OR ITAPMENU SERVICES, REGARDLESS OF THE LEGAL THEORY ASSERTEDSOW, WHETHER BASED ON FOR BREACH OF CONTRACT, BREACH OF WARRANTYLATE PAYMENT, TORT (INCLUDING NEGLIGENCE)PROPERTY DAMAGE, PRODUCT LIABILITYPERSONAL INJURY, ILLNESS, OR DEATH OR OTHERWISE, EVEN IF ADVISED . IN ADDITION AND WITHOUT LIMITING ANY OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO FOREGOING, BUYER WILL HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE AGGREGATE AND TOTAL LIABILITY OF ITAPMENU NO OBLIGATION FOR ANY AND ALL CLAIMS ARISING OUT OF THIS AGREEMENT WILL BE LIMITED TO DIRECT DAMAGES AND WILL NOT EXCEED BE REQUIRED TO PAY SUPPLIER, DIRECTLY OR ON ACCOUNT OF CLAIMS BY SUPPLIER’S SUBCONTRACTORS, FOR LOSS OF ANTICIPATED PROFIT, FAILURE TO REALIZE ANTICIPATED PRODUCTION VOLUMES, REVENUES OR SAVINGS, UNABSORBED OVERHEAD, INTEREST ON CLAIMS, PRODUCT DEVELOPMENT AND ENGINEERING COSTS, TOOLING, FACILITIES AND EQUIPMENT REARRANGEMENT COSTS OR RENTAL, UNAMORTIZED CAPITAL OR DEPRECIATION COSTS, OR GENERAL ADMINISTRATIVE BURDEN CHARGES FROM TERMINATION OF THE CONTRACT. IN ADDITION TO THE FOREGOING, BUYER SHALL HAVE NO LIABILITY FOR ANY ACT, OMISSION OR OBLIGATION EXCEPT TO PAY THE AMOUNTS ACTUALLY PAID BY DEALER REQUIRED UNDER AN APPLICABLE SOW AND SUBJECT TO ITAPMENU THE LIMITATIONS AND EXCLUSIONS SET FORTH IN THE TWELVE MONTHS PRECEDING THE DATE A CLAIM IS MADE BY DEALER. ITAPMENU WILL NOT BE LIABLE TO DEALER FOR ANY CLAIMS OR DEMANDS BROUGHT AGAINST DEALER BY ANY THIRD PARTYSOW AND THIS AGREEMENT.

IN NO EVENT WILL. ITAPMENU ANY PROCESS SERVER CENTRAL, LLC PARTY BE LIABLE FOR ANY INCIDENTALDAMAGES, SPECIAL, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES OF ANY CHARACTER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS OR GOOD WILL, WORK STOPPAGE, LOSS OF INFORMATION OR DATA, LOSS OF REVENUE OR PROFIT, COMPUTER FAILURE, AND TELECOMMUNICATIONS CHARGES FROM UNAUTHORIZED ACCESS) ARISING OUT OF OF, BASED ON, OR IN CONNECTION WITH RESULTING FROM THIS AGREEMENT OR ANY SOFTWARE, EQUIPMENT OR ITAPMENU SERVICES, REGARDLESS YOUR USE OF THE LEGAL THEORY ASSERTEDPROCESS SERVER CENTRAL TM SOFTWARE OR PROCESS SERVER CENTRAL, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCELLC WEB SITE(S), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF SUCH PROCESS SERVER CENTRAL, LLC PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER SECTION 12 IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND EVEN IF A SURVIVES IN THE EVENT SUCH REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED FAILS OF ITS ESSENTIAL PURPOSEPURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE AGGREGATE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND TOTAL LIABILITY OF ITAPMENU FOR LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE PROCESS SERVER CENTRAL TM SOFTWARE OR PROCESS SERVER CENTRAL, LLC WEB SITE(S), OR YOU DO NOT AGREE WITH ANY AND ALL CLAIMS ARISING OUT PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY PROCESS SERVER CENTRAL, LLC PARTY WITH RESPECT TO THIS AGREEMENT WILL BE LIMITED OR THE PROCESS SERVER CENTRAL SOFTWARE OR PROCESS SERVER CENTRAL, LLC WEB SITE(S), THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DIRECT DAMAGES DISCONTINUE USING THE PROCESS SERVER CENTRAL TM SOFTWARE AND WILL NOT EXCEED THE AMOUNTS ACTUALLY PAID BY DEALER TO ITAPMENU IN THE TWELVE MONTHS PRECEDING THE DATE A CLAIM IS MADE BY DEALER. ITAPMENU WILL NOT BE LIABLE TO DEALER FOR ANY CLAIMS OR DEMANDS BROUGHT AGAINST DEALER BY ANY THIRD PARTYPROCESS SERVER CENTRAL, LLC WEB SITE(S).