Common use of Damage Waivers Clause in Contracts

Damage Waivers. A. NEITHER PARTY WILL BE LIABLE FOR ANY LOST PROFITS (INCLUDING LOST REVENUE AND LOSS OF BUSINESS OPPORTUNITY, AND REGARDLESS OF THE THEORY FOR RECOVERY), OR ANY CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGES FOR ANY CAUSE OF ACTION, WHETHER IN CONTRACT OR TORT, WHETHER FORESEEABLE OR NOT. B. T-Mobile is not liable (i) for unauthorized third party access to, or alteration, theft or destruction of, Customer’s data, programs or other information through accident, wrongful means or any other cause while such information is stored on or transmitted across T-Mobile network transmission facilities or Customer premise equipment; (ii) for the content of any information transmitted, accessed or received by Customer through T-Mobile’s provision of the Products and Services, excluding content originating from T-Mobile; or (iii) if a commercially reasonable change in Products or Services causes equipment or software not provided by T-Mobile to become obsolete, require alteration, or perform at lower levels.

Damage Waivers. A. NEITHER PARTY WILL BE LIABLE FOR ANY LOST PROFITS (INCLUDING LOST REVENUE AND LOSS OF BUSINESS OPPORTUNITY, AND REGARDLESS OF THE THEORY FOR RECOVERY), OR ANY CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGES FOR ANY CAUSE OF ACTION, WHETHER IN CONTRACT OR TORT, WHETHER FORESEEABLE OR NOT. B. T-Mobile Sprint is not liable (i) for unauthorized third party access to, or alteration, theft or destruction of, Customer’s data, programs or other information through accident, wrongful means or any other cause while such information is stored on or transmitted across T-Mobile Sprint network transmission facilities or Customer premise equipment; (ii) for the content of any information transmitted, accessed or received by Customer through T-MobileSprint’s provision of the Products and Services, excluding content originating from T-MobileSprint; or (iii) if a commercially reasonable change in Products or Services causes equipment or software not provided by T-Mobile Sprint to become obsolete, require alteration, or perform at lower levels.