Common use of Consequential Damages Waiver Clause in Contracts

Consequential Damages Waiver. NEITHER PARTY SHALL HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ANY LOSS OF USE, LOST DATA, LOST PROFITS, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS, LOSS CAUSED BY THE INTERRUPTION, TERMINATION OR DELAYED OPERATION OF THE INTERNET, THIRD-PARTY TELECOMMUNICATION SERVICES OR THIRD-PARTY SECURITY FEATURES OR SYSTEMS, EXCEPT AS REQUIRED BY LAW. EXCEPT FOR CUSTOMER’S BREACH OF SECTION 1.4 (USE RESTRICTIONS) OR EITHER PARTY’S UNLAWFUL OR WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, RELIANCE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF INFORMED OF THE POSSIBILITY IN ADVANCE, SUFFERED BY ANY PARTY OR ANY PARTY CLAIMING ON BEHALF OF OR THROUGH THE OTHER PARTY, OR ANY OTHER THIRD PARTY RESULTING FROM OR ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE PERFORMANCE OR BREACH THEREOF.

Consequential Damages Waiver. EXCEPT FOR A PARTY’S OBLIGATIONS UNDER SECTION 7 (INDEMNIFICATION), OR WILLFULL MISCONDUCT, GROSS NEGLIGENCE, OR FRAUD, NEITHER PARTY NOR ITS AFFILIATES SHALL HAVE ANY LIABILITY ARISING OUT OF BE LIABLE TO THE OTHER PARTY OR RELATED TO THIS AGREEMENT ITS AFFILIATES FOR ANY LOSS OF USE, LOST OR INACCURATE DATA, LOST PROFITS, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS, LOSS CAUSED BY THE INTERRUPTIONCOSTS OF DELAY, TERMINATION OR DELAYED OPERATION OF THE INTERNET, THIRD-PARTY TELECOMMUNICATION SERVICES OR THIRD-PARTY SECURITY FEATURES OR SYSTEMS, EXCEPT AS REQUIRED BY LAW. EXCEPT FOR CUSTOMER’S BREACH OF SECTION 1.4 (USE RESTRICTIONS) OR EITHER PARTY’S UNLAWFUL OR WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, RELIANCE, OR CONSEQUENTIAL DAMAGES OF ANY KINDKIND (INCLUDING LOST PROFITS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. SOME STATES AND JURISDICTIONS, SUFFERED BY ANY PARTY INCLUDING MEMBER COUNTRIES OF THE EUROPEAN ECONOMIC AREA, DO NOT ALLOW FOR THE LIMITATION OR ANY PARTY CLAIMING ON BEHALF EXCLUSION OF LIABILITY FOR INCIDENTAL OR THROUGH CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE OTHER PARTY, FOREGOING LIMITATION OR ANY OTHER THIRD PARTY RESULTING FROM OR ARISING OUT OF OR RELATED EXCLUSION MAY NOT APPLY TO THIS AGREEMENT OR THE PERFORMANCE OR BREACH THEREOFYOU.

Consequential Damages Waiver. NEITHER PARTY IN NO EVENT SHALL HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT ARISTA, ITS SUPPLIERS AND ITS SUBCONTRACTORS BE LIABLE FOR ANY LOSS OF USEINCIDENTAL, SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOST DATAREVENUE, LOST PROFITS, FAILURE OF SECURITY MECHANISMSLOST OR DAMAGED DATA, INTERRUPTION OF BUSINESS, LOST OPPORTUNITY, LOSS CAUSED BY THE INTERRUPTIONOF GOODWILL OR LOSS OF REPUTATION WHETHER ARISING IN CONTRACT, TERMINATION OR DELAYED OPERATION OF THE INTERNETTORT (INCLUDING NEGLIGENCE), THIRD-PARTY TELECOMMUNICATION SERVICES OR THIRD-PARTY SECURITY FEATURES OR SYSTEMS, EXCEPT AS REQUIRED BY LAW. EXCEPT FOR CUSTOMER’S BREACH OF SECTION 1.4 (USE RESTRICTIONS) OR EITHER PARTY’S UNLAWFUL OR WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, RELIANCESTRICT LIABILITY, OR CONSEQUENTIAL DAMAGES OF ANY KINDOTHERWISE, EVEN IF INFORMED ARISTA, ITS SUPPLIERS OR ITS SUBCONTRACTORS HAVE BEEN ADVISED OF THE POSSIBILITY IN ADVANCETHEREOF. THESE LIMITATIONS SHALL APPLY UNDER ANY THEORY OF LIABILITY, SUFFERED BY INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM THE USE OF ANY PARTY ARISTA PRODUCTS AND/OR ANY PARTY CLAIMING ON BEHALF OF OR THROUGH ARISTA SERVICES PURCHASED (INCLUDING WITHOUT LIMITATION THE OTHER PARTYSUBSCRIPTION SERVICES), OR THE FAILURE OF SUCH ARISTA PRODUCTS, ARISTA SERVICES OR THE SUBSCRIPTION SERVICES TO PERFORM, OR FOR ANY OTHER THIRD PARTY RESULTING FROM OR ARISING OUT REASON, AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF OR RELATED TO THE ESSENTIAL PURPOSE OF THIS AGREEMENT OR THE PERFORMANCE OR BREACH THEREOFANY LIMITED REMEDY.

Consequential Damages Waiver. NEITHER PARTY IN NO EVENT SHALL HAVE ANY LIABILITY ARISING OUT OF ARISTA, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS, AUDITORS OR RELATED TO THIS AGREEMENT ITS SUBCONTRACTORS BE LIABLE FOR ANY LOSS OF USEINCIDENTAL, SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOST DATAREVENUE, LOST PROFITS, FAILURE OF SECURITY MECHANISMSLOST OR DAMAGED DATA, INTERRUPTION OF BUSINESS, LOST OPPORTUNITY, LOSS CAUSED BY THE INTERRUPTIONOF GOODWILL OR LOSS OF REPUTATION OR COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS, TERMINATION OR DELAYED OPERATION OF THE INTERNET, THIRD-PARTY TELECOMMUNICATION SERVICES OR THIRD-PARTY SECURITY FEATURES TECHNOLOGY OR SYSTEMSOTHER INTANGIBLE LOSS WHETHER ARISING IN CONTRACT, EXCEPT AS REQUIRED BY LAW. EXCEPT FOR CUSTOMER’S BREACH OF SECTION 1.4 TORT (USE RESTRICTIONS) OR EITHER PARTY’S UNLAWFUL OR WILLFUL MISCONDUCT OR GROSS INCLUDING NEGLIGENCE), NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, RELIANCESTRICT LIABILITY, OR CONSEQUENTIAL DAMAGES OF ANY KINDOTHERWISE, EVEN IF INFORMED ARISTA, ITS LICENSORS, SUPPLIERS OR SUBCONTRACTORS HAVE BEEN ADVISED OF THE POSSIBILITY IN ADVANCETHEREOF. THESE LIMITATIONS SHALL APPLY UNDER ANY THEORY OF LIABILITY, SUFFERED BY INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM THE USE OF ANY PARTY PRODUCTS AND/OR ANY PARTY CLAIMING ON BEHALF OF OR THROUGH THE OTHER PARTYSERVICES PROVIDED HEREUNDER, OR THE FAILURE OF SUCH PRODUCTS OR SERVICES TO PERFORM, OR FOR ANY OTHER THIRD PARTY RESULTING FROM OR ARISING OUT REASON, AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF OR RELATED TO THIS AGREEMENT OR THE PERFORMANCE OR BREACH THEREOFESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

Consequential Damages Waiver. NEITHER PARTY SHALL HAVE NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, EXCEPT FOR THOSE DAMAGES ENUMERATED IN SECTION 17 (EPIDEMIC FAILURE) AND FOR SUPPLIER’S OBLIGATIONS IN SECTION 18 (INDEMNIFICATION), AND FOR BREACH OF A PARTY’S OBLIGATIONS OF CONFIDENTIALITY UNDER SECTION 19, UNDER NO CIRCUMSTANCES WILL ANY LIABILITY PARTY, ITS EMPLOYEES, OFFICERS OR DIRECTORS, AGENTS, SUCCESSORS OR ASSIGNS BE LIABLE UNDER ANY CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE) OR OTHER LEGAL OR EQUITABLE THEORY, FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, INDIRECT OR CONSEQUENTIAL COSTS OR DAMAGES, ARISING OUT OF OR RELATED RELATING IN ANY WAY TO THE SUBJECT MATTER OF THIS AGREEMENT FOR ANY LOSS OF USEAGREEMENT, LOST DATA, LOST PROFITS, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS, LOSS CAUSED BY THE INTERRUPTION, TERMINATION WHETHER OR DELAYED OPERATION OF THE INTERNET, THIRD-NOT THAT PARTY TELECOMMUNICATION SERVICES OR THIRD-PARTY SECURITY FEATURES OR SYSTEMS, EXCEPT AS REQUIRED BY LAW. EXCEPT FOR CUSTOMER’S BREACH OF SECTION 1.4 (USE RESTRICTIONS) OR EITHER PARTY’S UNLAWFUL OR WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, RELIANCE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF INFORMED HAS BEEN ADVISED OF THE POSSIBILITY IN ADVANCE, SUFFERED BY ANY PARTY OF SUCH DAMAGE. THIS SECTION DOES NOT LIMIT EITHER PARTY'S LIABILITY FOR BODILY INJURY (INCLUDING DEATH) OR ANY PARTY CLAIMING ON BEHALF OF OR THROUGH THE OTHER PARTY, OR ANY OTHER THIRD PARTY RESULTING FROM OR ARISING OUT OF OR RELATED PHYSICAL DAMAGE TO THIS AGREEMENT OR THE PERFORMANCE OR BREACH THEREOFTANGIBLE PROPERTY.

Consequential Damages Waiver. EXCEPT FOR A PARTY’S OBLIGATIONS UNDER SECTION 7 (INDEMNIFICATION), OR WILLFULL MISCONDUCT, GROSS NEGLIGENCE, OR FRAUD, NEITHER PARTY NOR ITS SUBSIDIARIES OR AFFILIATES SHALL HAVE ANY LIABILITY ARISING OUT OF BE LIABLE TO THE OTHER PARTY OR RELATED TO THIS AGREEMENT ITS SUBSIDIARIES OR AFFILIATES FOR ANY LOSS OF USE, LOST OR INACCURATE DATA, LOST PROFITS, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS, LOSS CAUSED BY THE INTERRUPTIONCOSTS OF DELAY, TERMINATION OR DELAYED OPERATION OF THE INTERNET, THIRD-PARTY TELECOMMUNICATION SERVICES OR THIRD-PARTY SECURITY FEATURES OR SYSTEMS, EXCEPT AS REQUIRED BY LAW. EXCEPT FOR CUSTOMER’S BREACH OF SECTION 1.4 (USE RESTRICTIONS) OR EITHER PARTY’S UNLAWFUL OR WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, RELIANCE, OR CONSEQUENTIAL DAMAGES OF ANY KINDKIND (INCLUDING LOST PROFITS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. SOME STATES AND JURISDICTIONS, SUFFERED BY ANY PARTY INCLUDING MEMBER COUNTRIES OF THE EUROPEAN ECONOMIC AREA, DO NOT ALLOW FOR THE LIMITATION OR ANY PARTY CLAIMING ON BEHALF EXCLUSION OF LIABILITY FOR INCIDENTAL OR THROUGH CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE OTHER PARTY, FOREGOING LIMITATION OR ANY OTHER THIRD PARTY RESULTING FROM OR ARISING OUT OF OR RELATED EXCLUSION MAY NOT APPLY TO THIS AGREEMENT OR THE PERFORMANCE OR BREACH THEREOFYOU.

Consequential Damages Waiver. NEITHER SUBJECT TO SECTION 8.3, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EITHER PARTY SHALL HAVE ANY LIABILITY ARISING OUT OF BE LIABLE OR RELATED TO THIS AGREEMENT RESPONSIBLE FOR ANY LOSS TYPE OF USE, LOST DATA, LOST PROFITS, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS, LOSS CAUSED BY THE INTERRUPTION, TERMINATION OR DELAYED OPERATION OF THE INTERNET, THIRD-PARTY TELECOMMUNICATION SERVICES OR THIRD-PARTY SECURITY FEATURES OR SYSTEMS, EXCEPT AS REQUIRED BY LAW. EXCEPT FOR CUSTOMER’S BREACH OF SECTION 1.4 (USE RESTRICTIONS) OR EITHER PARTY’S UNLAWFUL OR WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE, RELIANCEINDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF ACTUAL OR ANTICIPATED REVENUE OR PROFITS, COSTS TO PROCURE REPLACEMENT GOODS OR SERVICES, LOSS, DAMAGE TO, OR CONSEQUENTIAL DAMAGES CORRUPTION OF ANY KINDDATA, BUSINESS INTERRUPTION, LOSS OF USE OF SERVICE OR EQUIPMENT, OR OTHER PECUNIARY DAMAGES, HOWEVER CAUSED, EVEN IF INFORMED ADVISED OF THE POSSIBILITY IN ADVANCEOF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORESEEABLE, SUFFERED BY ANY PARTY OR ANY WHETHER ARISING UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY, ACTS AND OMISSIONS OF THE PARTY CLAIMING ON BEHALF OF DAMAGES OR THROUGH THE OTHER PARTY, PARTY FROM WHOM DAMAGES ARE SOUGHT OR ANY OTHER THIRD PARTY RESULTING FROM OR ARISING OUT THEORY OF OR RELATED TO THIS AGREEMENT OR THE PERFORMANCE OR BREACH THEREOFLIABILITY.

Consequential Damages Waiver. EXCEPT FOR A PARTY’S OBLIGATIONS UNDER SECTION 6 (INDEMNIFICATION), OR WILLFULL MISCONDUCT, GROSS NEGLIGENCE, OR FRAUD, NEITHER PARTY NOR ITS SUBSIDIARIES OR AFFILIATES SHALL HAVE ANY LIABILITY ARISING OUT OF BE LIABLE TO THE OTHER PARTY OR RELATED TO THIS AGREEMENT ITS SUBSIDIARIES OR AFFILIATES FOR ANY LOSS OF USE, LOST OR INACCURATE DATA, LOST PROFITS, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS, LOSS CAUSED BY THE INTERRUPTIONCOSTS OF DELAY, TERMINATION OR DELAYED OPERATION OF THE INTERNET, THIRD-PARTY TELECOMMUNICATION SERVICES OR THIRD-PARTY SECURITY FEATURES OR SYSTEMS, EXCEPT AS REQUIRED BY LAW. EXCEPT FOR CUSTOMER’S BREACH OF SECTION 1.4 (USE RESTRICTIONS) OR EITHER PARTY’S UNLAWFUL OR WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, RELIANCE, OR CONSEQUENTIAL DAMAGES OF ANY KINDKIND (INCLUDING LOST PROFITS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. SOME STATES AND JURISDICTIONS, SUFFERED BY ANY PARTY INCLUDING MEMBER COUNTRIES OF THE EUROPEAN ECONOMIC AREA, DO NOT ALLOW FOR THE LIMITATION OR ANY PARTY CLAIMING ON BEHALF EXCLUSION OF LIABILITY FOR INCIDENTAL OR THROUGH CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE OTHER PARTY, FOREGOING LIMITATION OR ANY OTHER THIRD PARTY RESULTING FROM OR ARISING OUT OF OR RELATED EXCLUSION MAY NOT APPLY TO THIS AGREEMENT OR THE PERFORMANCE OR BREACH THEREOFYOU.

Consequential Damages Waiver. NEITHER PARTY SHALL HAVE NOTWITHSTANDING ANY LIABILITY ARISING OUT OTHER PROVISION OF OR RELATED TO THIS AGREEMENT FOR TO THE CONTRARY, IN NO EVENT WILL EITHER PARTY (OR WITH RESPECT TO THE COMPANY, ANY LOSS OF USECOMPANY LICENSEES AND WITH RESPECT TO PFIZER, LOST DATA, LOST PROFITS, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS, LOSS CAUSED BY THE INTERRUPTION, TERMINATION OR DELAYED OPERATION OF THE INTERNET, THIRD-PARTY TELECOMMUNICATION SERVICES OR THIRD-PARTY SECURITY FEATURES OR SYSTEMS, EXCEPT AS REQUIRED BY LAW. EXCEPT FOR CUSTOMER’S BREACH OF SECTION 1.4 (USE RESTRICTIONSANY PFIZER LICENSORS) OR EITHER PARTY’S UNLAWFUL OR WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARYINDIRECT, PUNITIVECOLLATERAL, RELIANCECONSEQUENTIAL OR PUNITIVE DAMAGES OR LOST PROFITS SUFFERED BY AN INDEMNITEE, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, IN CONNECTION WITH ANY DAMAGES ARISING HEREUNDER, PROVIDED, HOWEVER, THAT TO THE EXTENT AN INDEMNITEE IS REQUIRED TO PAY ANY SPECIAL, INCIDENTAL, INDIRECT, COLLATERAL, CONSEQUENTIAL, OR CONSEQUENTIAL PUNITIVE DAMAGES OF ANY KIND, EVEN IF INFORMED OR LOST PROFITS TO A PERSON WHO IS NOT THE OTHER PARTY OR AN AFFILIATE OF THE POSSIBILITY OTHER PARTY IN ADVANCE, SUFFERED BY ANY PARTY OR ANY PARTY CLAIMING ON BEHALF OF OR THROUGH THE OTHER PARTY, OR ANY OTHER CONNECTION WITH A THIRD PARTY RESULTING FROM OR ARISING OUT OF OR RELATED CLAIM, SUCH DAMAGES WILL CONSTITUTE DIRECT DAMAGES AND NOT BE SUBJECT TO THE LIMITATION SET FORTH IN THIS AGREEMENT OR THE PERFORMANCE OR BREACH THEREOFARTICLE 10.

Consequential Damages Waiver. NEITHER PARTY IN NO EVENT SHALL HAVE ANY LIABILITY ARISING OUT OF ARISTA, ITS SUPPLIERS OR RELATED TO THIS AGREEMENT ITS SUBCONTRACTORS BE LIABLE FOR ANY LOSS OF USEINCIDENTAL, SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOST DATAREVENUE, LOST PROFITS, FAILURE OF SECURITY MECHANISMSLOST OR DAMAGED DATA, INTERRUPTION OF BUSINESS, LOST OPPORTUNITY, LOSS CAUSED BY THE INTERRUPTIONOF GOODWILL OR LOSS OF REPUTATION WHETHER ARISING IN CONTRACT, TERMINATION OR DELAYED OPERATION OF THE INTERNETTORT (INCLUDING NEGLIGENCE), THIRD-PARTY TELECOMMUNICATION SERVICES OR THIRD-PARTY SECURITY FEATURES OR SYSTEMS, EXCEPT AS REQUIRED BY LAW. EXCEPT FOR CUSTOMER’S BREACH OF SECTION 1.4 (USE RESTRICTIONS) OR EITHER PARTY’S UNLAWFUL OR WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, RELIANCESTRICT LIABILITY, OR CONSEQUENTIAL DAMAGES OF ANY KINDOTHERWISE, EVEN IF INFORMED ARISTA, ITS SUPPLIERS OR ITS SUBCONTRACTORS HAVE BEEN ADVISED OF THE POSSIBILITY IN ADVANCETHEREOF. THESE LIMITATIONS SHALL APPLY UNDER ANY THEORY OF LIABILITY, SUFFERED BY INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM THE USE OF ANY PARTY ARISTA PRODUCTS AND/OR ANY PARTY CLAIMING ON BEHALF OF OR THROUGH THE OTHER PARTYARISTA SERVICES PURCHASED, OR THE FAILURE OF SUCH ARISTA PRODUCTS OR ARISTA SERVICES TO PERFORM, OR FOR ANY OTHER THIRD PARTY RESULTING FROM OR ARISING OUT REASON, AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF OR RELATED TO THIS AGREEMENT OR THE PERFORMANCE OR BREACH THEREOFESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

Consequential Damages Waiver. NEITHER PARTY SHALL HAVE NOTWITHSTANDING ANY LIABILITY ARISING OUT OTHER PROVISION OF OR RELATED TO THIS AGREEMENT FOR TO THE CONTRARY, IN NO EVENT WILL EITHER PARTY OR ANY LOSS OF USEITS AFFILIATES (INCLUDING WITH RESPECT TO THE COMPANY, LOST DATAANY COMPANY LICENSEES OR ANY OF THEIR AFFILIATES AND WITH RESPECT TO PFIZER, LOST PROFITS, FAILURE ANY PFIZER LICENSORS OR ANY OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS, LOSS CAUSED BY THE INTERRUPTION, TERMINATION OR DELAYED OPERATION OF THE INTERNET, THIRD-PARTY TELECOMMUNICATION SERVICES OR THIRD-PARTY SECURITY FEATURES OR SYSTEMS, EXCEPT AS REQUIRED BY LAW. EXCEPT FOR CUSTOMER’S BREACH OF SECTION 1.4 (USE RESTRICTIONSTHEIR AFFILIATES) OR EITHER PARTY’S UNLAWFUL OR WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARYINDIRECT, PUNITIVECOLLATERAL, RELIANCECONSEQUENTIAL OR PUNITIVE DAMAGES OR LOST PROFITS SUFFERED BY AN INDEMNITEE, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, IN CONNECTION WITH ANY DAMAGES ARISING HEREUNDER; PROVIDED, HOWEVER, THAT TO THE EXTENT AN INDEMNITEE IS REQUIRED TO PAY ANY SPECIAL, INCIDENTAL, INDIRECT, COLLATERAL, CONSEQUENTIAL, OR CONSEQUENTIAL PUNITIVE DAMAGES OF ANY KIND, EVEN IF INFORMED OR LOST PROFITS TO A PERSON WHO IS NOT THE OTHER PARTY OR AN AFFILIATE OF THE POSSIBILITY OTHER PARTY IN ADVANCE, SUFFERED BY ANY PARTY OR ANY PARTY CLAIMING ON BEHALF OF OR THROUGH THE OTHER PARTY, OR ANY OTHER CONNECTION WITH A THIRD PARTY RESULTING FROM OR ARISING OUT OF OR RELATED CLAIM, SUCH DAMAGES WILL CONSTITUTE DIRECT DAMAGES AND NOT BE SUBJECT TO THE LIMITATION SET FORTH IN THIS AGREEMENT OR THE PERFORMANCE OR BREACH THEREOFARTICLE 10.

Consequential Damages Waiver. NEITHER EXCEPT FOR THE EXCLUSIONS IN SECTION 10.3, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EITHER PARTY SHALL HAVE BE LIABLE OR RESPONSIBLE TO THE OTHER PARTY OR ANY LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT THIRD PARTY FOR ANY OF THE FOLLOWING LOSSES OR DAMAGES (IN EACH CASE, WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL): (A) LOSS OF USEACTUAL OR ANTICIPATED REVENUE OR PROFITS; (B) COSTS TO PROCURE REPLACEMENT GOODS OR SERVICES; (C) LOSS, LOST DAMAGE TO, OR CORRUPTION OF DATA, LOST PROFITS, FAILURE ; (D) BUSINESS INTERRUPTION; (E) LOSS OF SECURITY MECHANISMS, INTERRUPTION USE OF BUSINESS, LOSS CAUSED BY THE INTERRUPTION, TERMINATION SERVICE OR DELAYED OPERATION OF THE INTERNET, THIRD-PARTY TELECOMMUNICATION SERVICES EQUIPMENT; OR THIRD-PARTY SECURITY FEATURES OR SYSTEMS, EXCEPT AS REQUIRED BY LAW. EXCEPT FOR CUSTOMER’S BREACH OF SECTION 1.4 (USE RESTRICTIONSF) OR EITHER PARTY’S UNLAWFUL OR WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, RELIANCECONSEQEUENTIAL OR PECUNIARY DAMAGES, OR CONSEQUENTIAL DAMAGES OF ANY KINDHOWEVER CAUSED, EVEN IF INFORMED ADVISED OF THE POSSIBILITY IN ADVANCEOF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORESEEABLE, SUFFERED BY ANY PARTY OR ANY WHETHER ARISING UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY, ACTS AND OMISSIONS OF THE PARTY CLAIMING ON BEHALF OF DAMAGES OR THROUGH THE OTHER PARTY, PARTY FROM WHOM DAMAGES ARE SOUGHT OR ANY OTHER THIRD PARTY RESULTING FROM OR ARISING OUT THEORY OF OR RELATED TO THIS AGREEMENT OR THE PERFORMANCE OR BREACH THEREOFLIABILITY.

Consequential Damages Waiver. NEITHER PARTY SHALL HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ANY LOSS OF USE, LOST DATA, LOST PROFITS, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS, LOSS CAUSED BY THE INTERRUPTION, TERMINATION OR DELAYED OPERATION OF THE INTERNET, THIRD-PARTY TELECOMMUNICATION SERVICES OR THIRD-PARTY SECURITY FEATURES OR SYSTEMS, EXCEPT AS REQUIRED BY LAW. EXCEPT FOR CUSTOMER’S BREACH OF SECTION 1.4 (USE RESTRICTIONS) OR EITHER PARTY’S UNLAWFUL OR WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, RELIANCE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF INFORMED OF THE POSSIBILITY IN ADVANCE, SUFFERED BY ANY PARTY OR ANY PARTY CLAIMING ON BEHALF OF OR THROUGH THE OTHER PARTY, OR ANY OTHER THIRD PARTY RESULTING FROM OR ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE PERFORMANCE OR BREACH THEREOF. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO (1) PERSONAL INJURY OR DEATH RESULTING FROM LICENSOR’S GROSS NEGLIGENCE; (2) FOR FRAUD; OR (3) FOR ANY OTHER MATTER FOR WHICH LIABILITY CANNOT BE EXCLUDED BY LAW.

Consequential Damages Waiver. NEITHER EXCEPT FOR A BREACH OF SECTION 4.1 (“CONFIDENTIAL INFORMATION”) OF THIS MSA OR TO THE EXTENT AWARDED TO A THIRD PARTY SHALL HAVE ANY LIABILITY ARISING OUT OF IN CONNECTION WITH CLAIM FOR WHICH A PARTY IS REQUIRED TO PROVIDE INDEMNIFICATION PURSUANT TO SECTION 9,1, IN NO EVENT WILL EITHER PARTY BE LIABLE OR RELATED RESPONSIBLE TO THIS AGREEMENT THE OTHER FOR ANY LOSS TYPE OF USEINCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST DATAREVENUE, LOST PROFITS, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESSREPLACEMENT GOODS, LOSS CAUSED BY THE INTERRUPTIONOF TECHNOLOGY, TERMINATION RIGHTS OR DELAYED OPERATION SERVICES, LOSS OF THE INTERNET, THIRD-PARTY TELECOMMUNICATION SERVICES OR THIRD-PARTY SECURITY FEATURES OR SYSTEMS, EXCEPT AS REQUIRED BY LAW. EXCEPT FOR CUSTOMER’S BREACH OF SECTION 1.4 (USE RESTRICTIONS) OR EITHER PARTY’S UNLAWFUL OR WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, RELIANCEDATA, OR CONSEQUENTIAL DAMAGES INTERRUPTION OR LOSS OF ANY KINDUSE OF SERVICE OR EQUIPMENT, EVEN IF INFORMED ADVISED OF THE POSSIBILITY IN ADVANCEOF SUCH DAMAGES, SUFFERED BY ANY PARTY WHETHER ARISING UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY PARTY CLAIMING ON BEHALF OTHERWISE. FURTHER, NO CAUSE OF OR THROUGH ACTION WHICH ACCRUED MORE THAN TWO (2) YEARS PRIOR TO THE OTHER PARTY, OR ANY OTHER THIRD PARTY RESULTING FROM OR ARISING OUT FILING OF OR RELATED TO THIS AGREEMENT OR THE PERFORMANCE OR BREACH THEREOFA SUIT ALLEGING SUCH CAUSE OF ACTION MAY BE ASSERTED AGAINST EDC.

Consequential Damages Waiver. EXCEPT FOR YOUR OBLIGATIONS UNDER SECTION 1.3 (GENERAL RESTRICTIONS) AND EACH PARTY’S OBLIGATIONS UNDER SECTION 7 (INDEMNIFICATION), NEITHER PARTY NOR ITS AFFILIATES SHALL HAVE ANY LIABILITY ARISING OUT OF BE LIABLE TO THE OTHER PARTY OR RELATED TO THIS AGREEMENT ITS AFFILIATES FOR ANY LOSS OF USE, LOST OR INACCURATE DATA, LOST PROFITS, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS, LOSS CAUSED BY THE INTERRUPTIONCOSTS OF DELAY, TERMINATION OR DELAYED OPERATION OF THE INTERNET, THIRD-PARTY TELECOMMUNICATION SERVICES OR THIRD-PARTY SECURITY FEATURES OR SYSTEMS, EXCEPT AS REQUIRED BY LAW. EXCEPT FOR CUSTOMER’S BREACH OF SECTION 1.4 (USE RESTRICTIONS) OR EITHER PARTY’S UNLAWFUL OR WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, RELIANCE, OR CONSEQUENTIAL DAMAGES OF ANY KINDKIND (INCLUDING LOST PROFITS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. SOME STATES AND JURISDICTIONS, SUFFERED BY ANY PARTY INCLUDING MEMBER COUNTRIES OF THE EUROPEAN ECONOMIC AREA, DO NOT ALLOW FOR THE LIMITATION OR ANY PARTY CLAIMING ON BEHALF EXCLUSION OF LIABILITY FOR INCIDENTAL OR THROUGH CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE OTHER PARTY, FOREGOING LIMITATION OR ANY OTHER THIRD PARTY RESULTING FROM OR ARISING OUT OF OR RELATED EXCLUSION MAY NOT APPLY TO THIS AGREEMENT OR THE PERFORMANCE OR BREACH THEREOFYOU.

Consequential Damages Waiver. NEITHER TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT FOR AMOUNTS PAYABLE BY CUSTOMER TO POSIT, THE INDEMNIFICATION OBLIGATIONS SET FORTH IN SECTION 8, ANY BREACH BY CUSTOMER OF ITS OBLIGATIONS UNDER SECTIONS 2.1, 2.2, 3, 5.2 OR 13.10, EITHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OR BREACH OF CONFIDENTIALITY UNDER SECTION 10, IN NO EVENT SHALL EITHER PARTY SHALL HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF USEACTUAL OR ANTICIPATED PROFITS, LOST LOSS OF BUSINESS, LOSS OF GOODWILL, LOSS OF DAMAGE TO, OR CORRUPTION OF, DATA, LOST PROFITS, FAILURE OF SECURITY MECHANISMS, INTERRUPTION LOSS OF BUSINESSUSE, LOSS CAUSED BY THE INTERRUPTIONOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, TERMINATION OR DELAYED OPERATION OF THE INTERNETHOWEVER CAUSED, THIRD-PARTY TELECOMMUNICATION SERVICES OR THIRD-PARTY SECURITY FEATURES OR SYSTEMSWHETHER ARISING UNDER STATUTE, EXCEPT AS REQUIRED BY LAW. EXCEPT FOR CUSTOMER’S BREACH OF SECTION 1.4 CONTRACT, TORT (USE RESTRICTIONSINCLUDING NEGLIGENCE) OR EITHER PARTY’S UNLAWFUL UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, NEITHER NOT THE PARTY SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, RELIANCE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF INFORMED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR WHETHER SUCH DAMAGE WAS FORESEEABLE OR IN ADVANCE, SUFFERED BY ANY PARTY OR ANY PARTY CLAIMING ON BEHALF THE CONTEMPLATION OF OR THROUGH THE OTHER PARTY, OR ANY OTHER THIRD PARTY RESULTING FROM OR ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE PERFORMANCE OR BREACH THEREOFPARTIES.

Consequential Damages Waiver. NEITHER PARTY IN NO EVENT SHALL HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT ZPE, ITS SUPPLIERS AND ITS SUBCONTRACTORS BE LIABLE FOR ANY LOSS OF USEINCIDENTAL, SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOST DATAREVENUE, LOST PROFITS, FAILURE OF SECURITY MECHANISMSLOST OR DAMAGED DATA, INTERRUPTION OF BUSINESS, LOST OPPORTUNITY, LOSS CAUSED BY THE INTERRUPTIONOF GOODWILL OR LOSS OF REPUTATION WHETHER ARISING IN CONTRACT, TERMINATION OR DELAYED OPERATION OF THE INTERNETTORT (INCLUDING NEGLIGENCE), THIRD-PARTY TELECOMMUNICATION SERVICES OR THIRD-PARTY SECURITY FEATURES OR SYSTEMS, EXCEPT AS REQUIRED BY LAW. EXCEPT FOR CUSTOMER’S BREACH OF SECTION 1.4 (USE RESTRICTIONS) OR EITHER PARTY’S UNLAWFUL OR WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, RELIANCESTRICT LIABILITY, OR CONSEQUENTIAL DAMAGES OF ANY KINDOTHERWISE, EVEN IF INFORMED ZPE, ITS SUPPLIERS OR ITS SUBCONTRACTORS HAVE BEEN ADVISED OF THE POSSIBILITY IN ADVANCETHEREOF. THESE LIMITATIONS SHALL APPLY UNDER ANY THEORY OF LIABILITY, SUFFERED BY INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM THE USE OF ANY PARTY ZPE PRODUCTS AND/OR ANY PARTY CLAIMING ON BEHALF OF OR THROUGH ZPE SERVICES PURCHASED (INCLUDING WITHOUT LIMITATION THE OTHER PARTYSUBSCRIPTION SERVICES), OR THE FAILURE OF SUCH ZPE PRODUCTS, ZPE SERVICES OR THE SUBSCRIPTION SERVICES TO PERFORM, OR FOR ANY OTHER THIRD PARTY RESULTING FROM OR ARISING OUT REASON, AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF OR RELATED TO THE ESSENTIAL PURPOSE OF THIS AGREEMENT OR THE PERFORMANCE OR BREACH THEREOFANY LIMITED REMEDY.