DISCLAIMER AND LIMITATIONS OF LIABILITY. VENDOR DOES NOT WARRANT THAT THE EVALUATION PRODUCT WILL MEET LEVEL 3’s REQUIREMENTS, THAT OPERATION OF THE EVALUATION PRODUCT WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. EXCEPT FOR A VIOLATION OF A PARTY’S CONFIDENTIALITY OBLIGATIONS UNDER SECTION 9, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING ANY LOST BUSINESS PROFITS) ARISING IN CONNECTION WITH THIS AGREEMENT, WHETHER SUCH LIABILITY IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTY OR OTHERWISE. THIS EXCLUSION SHALL APPLY EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Appears in 3 contracts
Samples: Master Acquisition Agreement, Master Acquisition Agreement (Infinera Corp), Master Acquisition Agreement (Infinera Corp)
DISCLAIMER AND LIMITATIONS OF LIABILITY. VENDOR DOES NOT WARRANT THAT THE EVALUATION PRODUCT WILL MEET LEVEL 3’s 's REQUIREMENTS, THAT OPERATION OF THE EVALUATION PRODUCT WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. EXCEPT FOR A VIOLATION OF A PARTY’S 'S CONFIDENTIALITY OBLIGATIONS UNDER SECTION 9, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING ANY LOST BUSINESS PROFITS) ARISING IN CONNECTION WITH THIS AGREEMENT, WHETHER SUCH LIABILITY IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTY OR OTHERWISE. THIS EXCLUSION SHALL APPLY EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Appears in 2 contracts
Samples: Master Acquisition Agreement, Master Acquisition Agreement (Infinera Corp)
