Common use of Consequential Damage Exclusion Clause in Contracts

Consequential Damage Exclusion. Except to the extent the liability of a Party cannot be limited or excluded under applicable law or for a Party’s liability under Section 10, neither Party will be liable to the other Party for loss of profits or for any special, indirect, incidental, consequential, reliance, punitive or exemplary damages (including without limitation, damages for loss of business profits (excluding fees owed under the Agreement)), loss of goodwill, business interruption or cost of delay, loss of use or lost or inaccuracy to business information and/or data of any kind, in connection with the performance of the Agreement, even if it is aware of the possibility of the occurrence of such damages.

Consequential Damage Exclusion. Except to the extent the liability of a Party cannot be limited or excluded under applicable law or for a Party’s liability under Section 10, neither Party will be liable to the other Party for loss of profits or for any special, indirect, incidental, consequential, reliance, punitive or exemplary damages (including without limitation, damages for loss of business profits (excluding e xcluding fees owed under the Agreement)), loss of goodwill, business interruption or cost of delay, loss of use or lost or inaccuracy to business information and/or data of any kind, in connection with the performance of the Agreement, even if it is aware of the possibility of the occurrence o ccurrence of such damages.