Common use of Disclaimer and Limitations Clause in Contracts

Disclaimer and Limitations. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, EVERYTHING PROVIDED BY 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. 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 UNIVERSITY UNDER THIS AGREEMENT. WITH THE EXCEPTION OF COMPANY’S INDEMNIFICATION OBLIGATIONS SET FORTH BELOW, IN NO EVENT SHALL 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.

Disclaimer and Limitations. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, EVERYTHING PROVIDED BY UNIVERSITY 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. UNIVERSITY 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 UNIVERSITY WU UNDER THIS AGREEMENT. WITH THE EXCEPTION OF COMPANY’S INDEMNIFICATION OBLIGATIONS SET FORTH BELOW, IN NO EVENT SHALL UNIVERSITY 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.

Disclaimer and Limitations. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, EVERYTHING PROVIDED BY UNIVERSITY 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. UNIVERSITY 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 UNIVERSITY UMSL UNDER THIS AGREEMENT. WITH THE EXCEPTION OF COMPANY’S INDEMNIFICATION OBLIGATIONS SET FORTH BELOW, IN NO EVENT SHALL UNIVERSITY 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.

Disclaimer and Limitations. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, EVERYTHING PROVIDED BY UNIVERSITY WU UNDER THIS AGREEMENT, INCLUDING THE FACILITY AND INSTRUMENTS, ARE AGREEMENT IS 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, OR NON-INFRINGEMENT OF ANY THIRD-PARTY PATENT, TRADEMARK, COPYRIGHT OR ANY OTHER THIRD-PARTY RIGHT. UNIVERSITY WU MAKES NO WARRANTIES REGARDING THE QUALITY, ACCURACY, OR UTILITY COMMERCIAL VIABILITY OR ANY OTHER ASPECT OF ITS PERFORMANCE PURSUANT TO THIS AGREEMENT OR REGARDING THE PERFORMANCE, VALIDITY, SAFETY, EFFICACY OR COMMERCIAL VIABILITY OF ANYTHING PROVIDED BY UNIVERSITY WU UNDER THIS AGREEMENT. WITH THE EXCEPTION OF COMPANY’S INDEMNIFICATION OBLIGATIONS SET FORTH BELOW, IN NO EVENT SHALL UNIVERSITY WU OR COMPANY BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES SUSTAINED BY THE OTHER PARTY TO THIS AGREEMENT, 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. EXCEPT FOR THEIR RESPECTIVE INDEMNITY OBLIGATIONS, EACH OF WU’S AND COMPANY’S AGGREGATE LIABILITY TO THE OTHER UNDER THIS AGREEMENT SHALL NOT EXCEED THE PAYMENTS MADE OR PAYMENTS DUE UNDER THIS AGREEMENT, RESPECTIVELY.