Common use of and 15 Clause in Contracts

and 15. 5.2 shall not apply to (1) Contractor’s obligation to pay any liquidated damages pursuant to Section 10.1, (2) Contractor’s failure to honor any pricing commitments made in this Agreement, (3) claims arising out of the willful misconduct or gross negligence of a Party or any of their respective employees, agents, contractors or subcontractors, (4) claims and losses that are the subject of indemnification under this Agreement, including pursuant to Section 15, (5) damages and costs associated with the Contractor’s breach of its data security or data privacy obligations hereunder; (6) damages attributable to a Party’s breach of its obligations with respect to Confidential Information of the other Party; or (7) damages attributable to the abandonment of this Agreement by the Contractor, including Termination Assistance, where “abandonment” has the meaning provided in Section 16.8 below.

Appears in 5 contracts

Samples: Master Solution Purchase and Services Agreement, Master Solution Purchase and Services Agreement, Master Solution Purchase and Services Agreement

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