Common use of CONSEQUENTIAL DAMAGES EXCLUSION Clause in Contracts

CONSEQUENTIAL DAMAGES EXCLUSION. IN NO EVENT WILL LICENSOR (AND ITS BUSINESS PARTNERS, LICENSORS OR SERVICE PROVIDERS) BE LIABLE FOR ANY OF THE FOLLOWING DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS XXXX: (i) INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY CHARACTER REGARDLESS OF THE LEGAL THEORY ASSERTED, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHERWISE, (ii) COVER DAMAGES OR OTHER SIMILAR DAMAGES (INCLUDING THE COST OF PROCURING AN ALTERNATE VENDOR OR SERVICE); OR (iii) ANY LOSS OF PROFITS, BUINESS, GOODWILL (INCLUDING PECUNIARY LOSSES ARISING FROM LOSS OF GOODWILL), REVENUE, OR LOSSES RELATED TO STOPPAGE IN CUSTOMER’S OPERATION. THE DAMAGES DESCRIBED IN THIS SECTION ARE EXCLUDED, EVEN IF A PARTY IS EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

CONSEQUENTIAL DAMAGES EXCLUSION. EXCEPT FOR EITHER PARTY’S INTELLECTUAL PROPERTY OBLIGATIONS (AND IN THE CASE OF CUSTOMER, ITS OBLIGATIONS UNDER SECTION 2 (SCOPE OF USE)), IN NO EVENT WILL LICENSOR EITHER PARTY (AND IN THE CASE OF GENESYS, ITS BUSINESS PARTNERS, LICENSORS OR SERVICE PROVIDERS) BE LIABLE FOR ANY OF THE FOLLOWING DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS XXXXAGREEMENT: (i) INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY CHARACTER REGARDLESS OF THE LEGAL THEORY ASSERTED, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHERWISE, ; (ii) COVER DAMAGES OR OTHER SIMILAR DAMAGES (INCLUDING THE COST OF PROCURING AN ALTERNATE VENDOR OR SERVICE)DAMAGES; OR (iii) ANY LOSS OF PROFITS, BUINESSBUSINESS, GOODWILL (INCLUDING PECUNIARY LOSSES ARISING FROM LOSS OF GOODWILL), REVENUE, OR LOSSES RELATED TO STOPPAGE IN CUSTOMER’S OPERATIONOPERATIONS. THE DAMAGES DESCRIBED IN THIS SECTION ARE EXCLUDED, EVEN IF A PARTY IS EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

CONSEQUENTIAL DAMAGES EXCLUSION. EXCEPT FOR EITHER PARTY’S INTELLECTUAL PROPERTY OBLIGATIONS ((AND IN THE CASE OF CUSTOMER, ITS OBLIGATIONS UNDER SECTION 2 (SCOPE OF USE)), IN NO EVENT WILL LICENSOR EITHER PARTY (AND IN THE CASE OF GENESYS, ITS BUSINESS PARTNERS, LICENSORS OR SERVICE PROVIDERS) BE LIABLE FOR ANY OF THE FOLLOWING DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS XXXX: (i) INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY CHARACTER (INCLUDING DAMAGES FOR LOSS OF BUSINESS OR GOOD WILL, WORK STOPPAGE, LOST OR CORRUPTED INFORMATION OR DATA, LOSS OF REVENUE OR PROFIT, COMPUTER FAILURE OR MALFUNCTION, AND TELECOMMUNICATIONS CHARGES FROM UNAUTHORIZED ACCESS), COVER DAMAGES, OR OTHER SIMILAR DAMAGES REGARDLESS OF THE LEGAL THEORY ASSERTED, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHERWISE, (ii) COVER DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ANY SERVICES OR OTHER SIMILAR DAMAGES (MATERIALS OF ANY KIND PROVIDED BY US, INCLUDING THE COST OF PROCURING AN ALTERNATE VENDOR OR SERVICE); OR (iii) ANY LOSS OF PROFITSAND ALL THIRD PARTY PRODUCTS, BUINESSDELIVERABLES, GOODWILL (INCLUDING PECUNIARY LOSSES ARISING FROM LOSS OF GOODWILL)CUSTOMIZATIONS, REVENUESERVICES, HARDWARE, PROFESSIONAL SERVICES, SUPPORT SERVICES, OR LOSSES RELATED TO STOPPAGE IN CUSTOMER’S OPERATION. THE DAMAGES DESCRIBED IN THIS SECTION ARE EXCLUDEDGENESYS CLOUD SERVICES, EVEN IF A PARTY IS EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

CONSEQUENTIAL DAMAGES EXCLUSION. EXCEPT FOR EITHER PARTY’S INTELLECTUAL PROPERTY OBLIGATIONS (AND IN THE CASE OF CUSTOMER, ITS OBLIGATIONS UNDER SECTION 2 (SCOPE OF USE), IN NO EVENT WILL LICENSOR EITHER PARTY (AND IN THE CASE OF LICENSOR, ITS BUSINESS PARTNERS, LICENSORS OR SERVICE PROVIDERS) BE LIABLE FOR ANY OF THE FOLLOWING DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS XXXX: (i) INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY CHARACTER (INCLUDING DAMAGES FOR LOSS OF BUSINESS OR GOOD WILL, WORK STOPPAGE, LOST OR CORRUPTED INFORMATION OR DATA, LOSS OF REVENUE OR PROFIT, COMPUTER FAILURE OR MALFUNCTION, AND TELECOMMUNICATIONS CHARGES FROM UNAUTHORIZED ACCESS), COVER DAMAGES, OR OTHER SIMILAR DAMAGES REGARDLESS OF THE LEGAL THEORY ASSERTED, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHERWISE, (ii) COVER DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ANY SERVICES OR OTHER SIMILAR DAMAGES (MATERIALS OF ANY KIND PROVIDED BY US, INCLUDING THE COST OF PROCURING AN ALTERNATE VENDOR OR SERVICE); OR (iii) ANY LOSS OF PROFITSAND ALL THIRD PARTY PRODUCTS, BUINESSDELIVERABLES, GOODWILL (INCLUDING PECUNIARY LOSSES ARISING FROM LOSS OF GOODWILL)CUSTOMIZATIONS, REVENUESERVICES, HARDWARE, PROFESSIONAL SERVICES, SUPPORT SERVICES, OR LOSSES RELATED TO STOPPAGE IN CUSTOMER’S OPERATION. THE DAMAGES DESCRIBED IN THIS SECTION ARE EXCLUDEDGENESYS CLOUD SERVICES, EVEN IF A PARTY IS EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

CONSEQUENTIAL DAMAGES EXCLUSION. EXCEPT FOR EITHER PARTY’S INTELLECTUAL PROPERTY OBLIGATIONS (AND IN THE CASE OF CUSTOMER, ITS OBLIGATIONS UNDER SECTION 2 (SCOPE OF USE), IN NO EVENT WILL LICENSOR EITHER PARTY (AND IN THE CASE OF GENESYS, ITS BUSINESS PARTNERS, LICENSORS OR SERVICE PROVIDERS) BE LIABLE FOR ANY OF THE FOLLOWING DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS XXXX: (i) INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY CHARACTER (INCLUDING DAMAGES FOR LOSS OF BUSINESS OR GOOD WILL, WORK STOPPAGE, LOST OR CORRUPTED INFORMATION OR DATA, LOSS OF REVENUE OR PROFIT, COMPUTER FAILURE OR MALFUNCTION, AND TELECOMMUNICATIONS CHARGES FROM UNAUTHORIZED ACCESS), COVER DAMAGES, OR OTHER SIMILAR DAMAGES REGARDLESS OF THE LEGAL THEORY ASSERTED, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHERWISE, (ii) COVER DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ANY SERVICES OR OTHER SIMILAR DAMAGES (MATERIALS OF ANY KIND PROVIDED BY US, INCLUDING THE COST OF PROCURING AN ALTERNATE VENDOR OR SERVICE); OR (iii) ANY LOSS OF PROFITSAND ALL THIRD PARTY PRODUCTS, BUINESSDELIVERABLES, GOODWILL (INCLUDING PECUNIARY LOSSES ARISING FROM LOSS OF GOODWILL)CUSTOMIZATIONS, REVENUESERVICES, OR LOSSES RELATED TO STOPPAGE IN CUSTOMER’S OPERATION. THE DAMAGES DESCRIBED IN THIS SECTION ARE EXCLUDEDHARDWARE, EVEN IF A PARTY IS PROFESSIONAL SERVICES, SUPPORT SERVICES, CLOUD SERVICES, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

CONSEQUENTIAL DAMAGES EXCLUSION. IN NO EVENT WILL LICENSOR GENESYS (AND ITS BUSINESS PARTNERS, LICENSORS OR SERVICE PROVIDERS, INCLUDING BUT NOT LIMITED TO CONVERGEONE) BE LIABLE FOR ANY OF THE FOLLOWING DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS XXXXEUA: (i) INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY CHARACTER REGARDLESS OF THE LEGAL THEORY ASSERTED, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHERWISE, (ii) COVER DAMAGES OR OTHER SIMILAR DAMAGES (INCLUDING THE COST OF PROCURING AN ALTERNATE VENDOR OR SERVICE); OR (iii) ANY LOSS OF PROFITS, BUINESS, GOODWILL (INCLUDING PECUNIARY LOSSES ARISING FROM LOSS OF GOODWILL), REVENUE, OR LOSSES RELATED TO STOPPAGE IN CUSTOMER’S YOUR OPERATION. THE DAMAGES DESCRIBED IN THIS SECTION ARE EXCLUDED, EVEN IF A PARTY IS EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES DAMAGES, AND EVEN IF A REMEDY IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.