Cap on Damages. Except for claims involving fraud, gross negligence or willful misconduct and for Seller’s indemnification obligations pursuant to Section 9.2 or Buyer’s indemnification obligations pursuant to Section 9.3, each Party’s aggregate liability under this Agreement (including negligence) shall not exceed the aggregate amounts actually paid (and, with respect to Buyer’s liability hereunder, payable) by Buyer to Seller pursuant to Sections 3.1 through 3.5.
Appears in 3 contracts
Sources: Asset Purchase Agreement (Provention Bio, Inc.), Asset Purchase Agreement (Provention Bio, Inc.), Asset Purchase Agreement (Provention Bio, Inc.)
Cap on Damages. Except for claims involving fraud, gross negligence or willful misconduct and for Seller’s indemnification obligations pursuant to Section 9.2 or Buyer’s indemnification obligations pursuant to Section 9.3, each Party’s aggregate liability under this Agreement (including Exhibit 10.23 negligence) shall not exceed the aggregate amounts actually paid (and, with respect to Buyer▇▇▇▇▇’s liability hereunder, payable) by Buyer ▇▇▇▇▇ to Seller pursuant to Sections 3.1 through 3.5.
Appears in 1 contract