Common use of Disclaimer of Certain Damages Clause in Contracts

Disclaimer of Certain Damages. Neither party shall be liable to the other or to any third party for any indirect, consequential, exemplary, special, incidental or punitive damages, including without limitation loss of use or lost business, revenue, profits or goodwill, arising in connection with the Agreement, under any theory of tort, contract, indemnity, warranty, strict liability or negligence, even if the party knew or should have known of the possibility of such damages. Unless otherwise agreed, BCM One’s sole obligation with regard to any error in the Service or hardware appliance is to provide, as applicable, the remedy set forth in the applicable Service Level Agreement or the support service terms. BCM One shall not be liable for any claims made against, or liabilities incurred by, Client as a result of Client’s or BCM One’s performance under the Agreement which may result in Client’s responsibility for, any and all shortfalls, early termination charges and other charges Client may incur from any previous provider of similar or identical Services.