Common use of Both Parties to Each Other Clause in Contracts

Both Parties to Each Other. Neither Party shall have any liability for any special, incidental, punitive or consequential loss, damage, or expense (including without limitation, lost profits or opportunity costs) caused by the acts or omissions of it or its agents, even if advised of their possible existence. The limitation of damages contained in Section 14.1 shall not apply to damages owed to (i) a third party pursuant to a disclosure of Confidential Information pursuant to the last sentence in Section 11 or (ii) owed to the U.S. Department of Education or any of its regulatory divisions.

Both Parties to Each Other. Neither Party shall have any liability for any special, incidental, punitive or consequential loss, damage, or expense (including without limitation, lost profits or opportunity costs) caused by the acts or omissions of it or its agents, even if advised of their possible existence. The limitation of damages contained in Section 14.1 shall not apply to damages owed to (i) a third party pursuant to a disclosure of Confidential Information pursuant to the last sentence in Section 11 or (ii) owed to the U.S. Department of Education or any of its regulatory divisions. [***] Confidential portions of this document have been redacted and filed separately with the Commission.