Limitation on Purchaser’s Liability. Purchaser’s maximum aggregate liability for Claims for breaches of representations and warranties under this Agreement is limited to Purchaser’s Maximum Liability set forth in Part VI of Appendix B; provided that the Purchaser’s Maximum Liability will not apply to any Claim based on (A) actual fraud or (B) any breach of the representations and warranties set forth in Sections 3.1, 3.2, 3.3, 3.5 and 3.11.
Limitation on Purchaser’s Liability. In no event shall Buyer be liable to Seller for anticipated profits or for incidental or consequential damages. Buyer’s liability for a claim of any kind for any loss or damage arising out of or in connection with or resulting from this Purchase Order, or from any performance or breach, shall in no case exceed the price allocable to the materials, which directly gives rise to the claim.
Limitation on Purchaser’s Liability. (a) Except as provided in Section 10.4(a)(ii), Section 10.7 or Section 10.10(b), the liability of the Purchaser to the Sellers and the Member Guarantors for any breaches of its representations, warranties and covenants made by the Purchaser in connection with this Agreement shall be limited to $693,376for the one year period following the Closing Date, and (ii) $346,688with respect to claims made by Sellers or Member Guarantors in writing on Purchaser thereafter during the second year after the Closing Date and thereafter there shall be no liability by the Purchaser to the Sellers or Member Guarantors unless otherwise explicitly stated herein.
Limitation on Purchaser’s Liability. Notwithstanding anything contained in this Agreement to the contrary, the maximum amount that Purchaser may pay to the Seller under this Section 11 as a result of any and all breaches shall be limited to the total consideration paid under this Agreement by Purchaser to the Seller.
Limitation on Purchaser’s Liability. Statue of Limitation. Purchaser’s liability to Seller on any claim of any kind for any loss or damage arising out of, in connection with or resulting from the Order or from the performance or breach hereof shall in no case exceed the price allocable to the Goods (or units thereof) which give rise to such claim. In no event shall Purchaser be liable to Seller for anticipated profits or for any special, incidental or consequential damages whatsoever, nor for penalties of any description. Any action resulting from any breach or failure to perform by Purchaser hereunder must be commenced within one year after the cause of action has accrued.
Limitation on Purchaser’s Liability. Purchaser’s maximum aggregate liability for Claims for breaches of representations and warranties under this Agreement is limited to Purchaser’s Maximum Liability set forth in Part VI of Appendix B; provided that the Purchaser’s Maximum Liability will not apply to any Claim based on (A) actual fraud or (B) any breach of the representations and warranties set forth in Sections 3.1, 3.2, 3.3, 3.5 and 3.11. incorporating a statement setting out in reasonable detail the grounds on which the Claim is based, has been given by the Indemnified Party prior to the expiration of the applicable Survival Period as set forth in Part VI of Appendix B.
Limitation on Purchaser’s Liability. No indemnification payments will be made by or on behalf of the Purchaser:
Limitation on Purchaser’s Liability. Purchaser is not assuming, nor shall it have any responsibility for continuing, nor shall it have any liability under or in connection with the Pension Plan (as defined in Section 4.2(b)(i) below) or any other employee benefit programs maintained by Seller prior to the close of business on the Closing Date, including, without limitation, any employment contract, collective bargaining agreement, plan or arrangement, or any bonus or incentive plan.
Limitation on Purchaser’s Liability. Seller acknowledges the provisions of this Article 3, and, particularly, the limitations on Purchaser's liability under this Agreement. Seller does hereby waive and release any and all Claims it may have against Purchaser consistent with the provision of this Article 3, and Purchaser's acts or failure to act with respect to the matters set forth in Section 3.1. Seller acknowledges that the provisions of this Article were a negotiated function of this Agreement, and without the provisions of this Article Purchaser would not have entered into this Agreement. Article 4
Limitation on Purchaser’s Liability. Purchaser shall have no responsibility to fund benefits under any of the employee benefit programs maintained by Seller prior to the close of business on the Closing Date.
