Common use of Damage Cap Clause in Contracts

Damage Cap. IN NO EVENT WILL UNIVERSITY’S TOTAL LIABILITY FOR THE BREACH OR NONPERFORMANCE OF THIS AGREEMENT EXCEED [***] OF PAYMENTS PAID TO UNIVERSITY UNDER ARTICLE 6 “PAYMENTS, REIMBURSEMENTS, REPORTS, AND RECORDS”. THIS LIMITATION WILL APPLY TO CONTRACT, TORT, AND ANY OTHER CLAIM OF WHATEVER NATURE.

Appears in 6 contracts

Samples: Exclusive License Agreement (Icosavax, Inc.), Non Exclusive License Agreement (Icosavax, Inc.), Exclusive License Agreement (Icosavax, Inc.)

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Damage Cap. IN NO EVENT WILL UNIVERSITY’S TOTAL LIABILITY FOR THE BREACH OR NONPERFORMANCE OF THIS AGREEMENT EXCEED [***] THE AMOUNT OF PAYMENTS PAID TO UNIVERSITY UNDER ARTICLE 6 “PAYMENTS, REIMBURSEMENTS, REPORTS, AND RECORDS”. SECTION A3 OF EXHIBIT A. THIS LIMITATION WILL APPLY TO CONTRACT, TORT, AND ANY OTHER CLAIM OF WHATEVER NATURE.

Appears in 3 contracts

Samples: Patent License Agreement (Genocea Biosciences, Inc.), Patent License Agreement (Genocea Biosciences, Inc.), Patent License Agreement (Genocea Biosciences, Inc.)

Damage Cap. IN NO EVENT WILL SHALL THE UNIVERSITY’S TOTAL LIABILITY FOR THE BREACH OR NONPERFORMANCE OF THIS AGREEMENT EXCEED [***] THE AMOUNT OF PAYMENTS PAID TO THE UNIVERSITY UNDER ARTICLE 6 “PAYMENTS, REIMBURSEMENTS, REPORTS, AND RECORDS”SECTION 6.1 OF THIS AGREEMENT. THIS LIMITATION WILL SHALL APPLY TO CONTRACT, TORT, AND ANY OTHER CLAIM OF WHATEVER NATURE.

Appears in 3 contracts

Samples: Non Exclusive Patent License Agreement, Non Exclusive Patent License Agreement (GenMark Diagnostics, Inc.), Non Exclusive Patent License Agreement (GenMark Diagnostics, Inc.)

Damage Cap. IN NO EVENT WILL UNIVERSITY’S TOTAL LIABILITY FOR THE BREACH OR NONPERFORMANCE OF THIS AGREEMENT EXCEED [***] THE AMOUNT OF PAYMENTS PAID TO UNIVERSITY UNDER ARTICLE 6 “PAYMENTS, REIMBURSEMENTS, REPORTS, AND RECORDS”. THIS LIMITATION WILL APPLY TO CONTRACT, TORT, AND ANY OTHER CLAIM OF WHATEVER NATURE.

Appears in 1 contract

Samples: Exclusive License Agreement (Akoya Biosciences, Inc.)

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Damage Cap. IN NO EVENT WILL UNIVERSITY’S TOTAL LIABILITY FOR THE BREACH OR NONPERFORMANCE OF THIS AGREEMENT EXCEED [***] THE AMOUNT OF PAYMENTS PAID TO UNIVERSITY UNDER ARTICLE 6 “SECTION 5 (PAYMENTS, REIMBURSEMENTS, REPORTS, AND RECORDS). THIS LIMITATION WILL APPLY TO CONTRACT, TORT, AND ANY OTHER CLAIM OF WHATEVER NATURE.

Appears in 1 contract

Samples: Non Exclusive License Agreement (Redwoods Acquisition Corp.)

Damage Cap. IN NO EVENT WILL UNIVERSITY’S TOTAL LIABILITY FOR THE BREACH OR NONPERFORMANCE OF THIS AGREEMENT EXCEED [***] THE AMOUNT OF PAYMENTS PAID AND SHARES ISSUED TO UNIVERSITY UNDER ARTICLE 6 “PAYMENTS, REIMBURSEMENTS, REPORTS, AND RECORDS”. THIS LIMITATION WILL APPLY TO CONTRACT, TORT, AND ANY OTHER CLAIM OF WHATEVER NATURE.

Appears in 1 contract

Samples: Exclusive Start Up License Agreement (Aquinox Pharmaceuticals, Inc)

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