Limitation on Damage. In the event of a breach of any provision of this contract by the State, the liability of the State shall be limited to return of the unused initial deposit and unapplied payments to the Purchaser. The State shall not be liable for any damages, whether direct, incidental, or consequential.
Limitation on Damage. In the event of a breach of any provision of this contract by the State, the exclusive remedy available to the Contractor will be limited to a return of the Performance Security, and payment for improvements and other services rendered by the Contractor, which were required by the Harvesting Services Contract. The State shall not be liable for any damages, whether direct, incidental, or consequential.
Limitation on Damage. Notwithstanding anything here to the contrary, in the event of Licensee’s default of this Agreement and its failure to cure such default as provided in Section 6.2 hereof, Programmer shall be entitled to seek, as its sole remedy, specific performance of this Agreement or, in lieu thereof, its actual damages, but not both. Neither Licensee nor Programmer shall, under any circumstances, be liable for any special, exemplary, punitive, incidental, or consequential damages regardless of the cause.
Limitation on Damage. Contractor agrees that Manager shall not -------------------- be liable for any consequential, indirect or punitive damages arising out of any breach, delay or default in performance of this Agreement. Manager agrees that Contractor shall not be liable for any consequential, indirect or punitive damages arising out of any breach, delay or default in performance of this Agreement.
