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Maintenance
Service
Limitation of Liability:
BECKMAN COULTER'S TOTAL LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER THIS
AGREEMENT WILL BE LIMITED TO DIRECT MONEY DAMAGES NOT TO EXCEED THE
AMOUNT PAID BY YOU UNDER THIS AGREEMENT DURING THE TWELVE MONTHS
PRECEDING THE DATE THAT THE CLAIM FIRST ACCRUED. THIS LIABILITY LIMIT IS
CUMULATIVE AND ALL DAMAGES PAID TO YOU UNDER THIS AGREEMENT WILL BE
AGGREGATED IN CALCULATING THE SATISFACTION OF BECKMAN COULTER'S LIABILITY
LIMIT. BECKMAN COULTER WILL NOT BE RESPONSIBLE FOR ANY DAMAGES THAT YOU
MAY INCUR FROM DELAYED SHIPMENT OR PRODUCT SELECTION, WHETHER LIABILITY
IS ASSERTED IN CONTRACT, TORT, WARRANTY OR OTHERWISE. BECKMAN COULTER
WILL HAVE NO LIABILITY TO YOU, OR ANY THIRD PARTIES FOR ANY SPECIAL, INDIRECT,
INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PENAL LOSS OR DAMAGE OF ANY
NATURE WHATSOEVER (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS OR LOSS
OF USE), EVEN IF BECKMAN COULTER WAS ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES AND WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE.
4-7
55-006276-001CC
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