Maximum Damages. Client agrees that the maximum amount of damages she is entitled to in any claim relating to this Agreement or services provided in this Agreement are not to exceed the total cost paid to Company or promised to be paid to Company for participation in the Class.
Maximum Damages. Liquidated damages assessed pursuant to this paragraph shall not, in any single month, exceed 25% of the fee due CONTRACTOR for that month. However, if CONTRACTOR fails to perform any Service or combination of Services, and such failure represents a budgeted sum greater than 25% of the fee due CONTRACTOR for that month, HHSC may terminate the Agreement in accordance with this article.
Maximum Damages. Notwithstanding any other provision contained herein, Owner agrees that the maximum liability for any breach of this Agreement by Marina is the amount paid for storing the Boat.
Maximum Damages. No claim for indemnification of Damages (whether in an action for indemnification hereunder or otherwise) shall be made by Indemnified Persons to the extent that the aggregate Damages claimed (including any Damages previously recovered) by all of the Indemnified Persons, taken as a whole, exceed the amount paid or to be paid under Section 2.6(b). THE LIABILITY OF ANY PARTY UNDER THIS AGREEMENT SHALL BE LIMITED TO DIRECT DAMAGES ACTUALLY SUSTAINDED, AND NO PARTY SHALL BE LIABLE TO THE OTHER FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES, INCLUDING LOST PROFITS, REVENUE AND OPPORTUNITY COSTS.
Maximum Damages. CREDCO’s entire liability arising under or in connection with this Agreement, whether for breach, tort or otherwise, shall not exceed, in the aggregate, the amounts paid by RELS to CREDCO for the three (3) months immediately preceding the occurrence giving rise to such claim hereunder.
Maximum Damages. Notwithstanding anything to the contrary in this Agreement, but subject to the next sentence, the Members' aggregate liability under this Agreement for Damages or otherwise (including, without limitation, for any breach of any covenant, representation, warranty, indemnity, defense obligation or other obligation under this Agreement) shall not exceed Two Million Four Hundred Thousand Dollars ($2,400,000). However, this Section 9 will not apply to (i) any breach of any of either the Member's or Seller's representations and warranties where either of the Members or Seller had knowledge that such representation or warranty was untrue at any time prior to the date on which such representation and warranty is made or any intentional breach by either Seller or either of the Members of any covenant or obligation, and (ii) Transfer Taxes and Seller and Member will be jointly and severally liable for all Damages with respect to such breaches.
Maximum Damages. Nothing contained in this Sublease shall limit or prejudice the right of Landlord to prove for and obtain, in proceedings for the termination of this Sublease by reason of bankruptcy or insolvency, an amount equal to the maximum allowed by any statute or rule of law in effect at the time when, and governing the proceedings in which, the damages are to be proved, whether or not the amount be greater, equal to, or less than the amount of the loss or damages referred to above. The failure or refusal of Landlord to relet the Premises or any part or parts thereof shall not release or affect Subtenant's liability for damages.
Maximum Damages. Notwithstanding anything in this Agreement or the Escrow Agreement to the contrary, subject to Section 9.04(c) and without derogation to the rights of any Parent Indemnified Party pursuant to the Policy, the maximum aggregate amount of Damages against which (i) the Parent Indemnified Parties shall be entitled to be indemnified by the Company Holders under Section 9.01 shall be the remaining Indemnity Escrow Amount (if any) and (ii) the Company Holder Indemnified Parties shall be entitled to be indemnified by Parent under Section 9.02 shall be one million two hundred seventy five thousand dollars ($1,275,000).
Maximum Damages. Notwithstanding any provision herein to the contrary, the maximum damages recoverable by the Seller and its Subsidiaries from the Buyer with respect to any breach by the Buyer of any warranty, representation or covenant set forth herein shall be $800,000 (the "Ceiling Amount"). The Buyer warrants that it has cash resources in an amount equal to the Ceiling Amount and will maintain cash resources equal to the Ceiling Amount unless and until (x) the Effective Time occurs or (y) this Agreement is terminated by the Buyer and/or the Seller for any reason other than as a result of any breach of any warranty, representation or covenant by the Buyer (in which case the obligations of the Buyer to pay any portion of the Ceiling Amount to the Seller shall terminate upon resolution of any such breach claim).
Maximum Damages. PNC (nor any subcontractor or other party with whom PNC may be claimed to be jointly liable) shall not be liable to Customer for any claim or cause of action, whether based on contract, tort, strict liability or any other legal theory: (i) in the case of a Funds Transfer, Instruction for the transfer of money or other payment that is misdirected, lost or otherwise paid to the wrong person as a result of our failure to comply with the terms of this Agreement or applicable law, for an amount in excess of the face amount of such Funds Transfer, Instruction or other payment and (ii) in all other cases for an amount in excess of twelve (12) times the fees Customer has paid PNC for the particular Service(s) to which the claim or cause of action relates during the month immediately prior to the month in which the act or omission giving rise to the claim occurred.
