Disclaimer and Limitations. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, EVERYTHING PROVIDED BY WU UNDER THIS AGREEMENT, INCLUDING THE FACILITY AND INSTRUMENTS, ARE UNDERSTOOD TO BE EXPERIMENTAL IN NATURE, MAY HAVE HAZARDOUS PROPERTIES, AND IS PROVIDED WITHOUT ANY WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. WU MAKES NO WARRANTIES REGARDING THE QUALITY, ACCURACY, OR UTILITY OR ANY OTHER ASPECT OF ITS PERFORMANCE PURSUANT TO THIS AGREEMENT OR ANYTHING PROVIDED BY WU UNDER THIS AGREEMENT. WITH THE EXCEPTION OF COMPANY’S INDEMNIFICATION OBLIGATIONS SET FORTH BELOW, IN NO EVENT SHALL WU OR COMPANY BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT, WHETHER IN BREACH OF CONTRACT, TORT OR OTHERWISE, EVEN IF THE PARTY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Appears in 2 contracts
Samples: Facility Use Agreement, Facility Use Agreement
Disclaimer and Limitations. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, EVERYTHING PROVIDED BY WU UNIVERSITY UNDER THIS AGREEMENT, INCLUDING THE FACILITY AND INSTRUMENTS, ARE UNDERSTOOD TO BE EXPERIMENTAL IN NATURE, MAY HAVE HAZARDOUS PROPERTIES, AND IS PROVIDED WITHOUT ANY WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. WU UNIVERSITY MAKES NO WARRANTIES REGARDING THE QUALITY, ACCURACY, OR UTILITY OR ANY OTHER ASPECT OF ITS PERFORMANCE PURSUANT TO THIS AGREEMENT OR ANYTHING PROVIDED BY WU UNIVERSITY UNDER THIS AGREEMENT. WITH THE EXCEPTION OF COMPANY’S INDEMNIFICATION OBLIGATIONS SET FORTH BELOW, IN NO EVENT SHALL WU UNIVERSITY OR COMPANY BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT, WHETHER IN BREACH OF CONTRACT, TORT OR OTHERWISE, EVEN IF THE PARTY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Appears in 2 contracts
Samples: Facility Use Agreement, Facility Use Agreement
Disclaimer and Limitations. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, EVERYTHING PROVIDED BY WU UMSL UNDER THIS AGREEMENT, INCLUDING THE FACILITY AND INSTRUMENTS, ARE UNDERSTOOD TO BE EXPERIMENTAL IN NATURE, MAY HAVE HAZARDOUS PROPERTIES, AND IS PROVIDED WITHOUT ANY WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. WU UMSL MAKES NO WARRANTIES REGARDING THE QUALITY, ACCURACY, OR UTILITY OR ANY OTHER ASPECT OF ITS PERFORMANCE PURSUANT TO THIS AGREEMENT OR ANYTHING PROVIDED BY WU UMSL UNDER THIS AGREEMENT. WITH THE EXCEPTION OF COMPANY’S INDEMNIFICATION OBLIGATIONS SET FORTH BELOW, IN NO EVENT SHALL WU UMSL OR COMPANY BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT, WHETHER IN BREACH OF CONTRACT, TORT OR OTHERWISE, EVEN IF THE PARTY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Appears in 1 contract
Samples: Facility Use Agreement