Common use of Disclaimer of Certain Damages Clause in Contracts

Disclaimer of Certain Damages. EXCEPT FOR (i) INSTANCES OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, (ii) BREACHES OF ARTICLES II OR V, AND (iii) INFRINGEMENT OF THE OTHER PARTY’S INTELLECTUAL PROPERTY, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, NO PARTY OR ANY OF ITS AFFILIATES OR ITS OR THEIR RESPECTIVE EQUITY OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS WILL BE LIABLE TO ANOTHER PARTY OR ANY THIRD PERSON UNDER THIS AGREEMENT FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, RELIANCE OR PUNITIVE DAMAGES OR LOST OR IMPUTED PROFITS OR ROYALTIES, LOST DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER LIABILITY IS ASSERTED IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT PRODUCT LIABILITY) INDEMNITY OR CONTRIBUTION, AND IRRESPECTIVE OF WHETHER THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGE, LOSS, OR COST.

Disclaimer of Certain Damages. EXCEPT FOR (i) INSTANCES OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, (ii) BREACHES OF ARTICLES II OR V, AND (iii) INFRINGEMENT OF THE OTHER PARTY’S INTELLECTUAL PROPERTY, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, EXCEPT WITH RESPECT TO OBLIGATIONS PURSUANT TO ARTICLE IX (INDEMNIFICATION), NO PARTY OR ANY OF ITS AFFILIATES OR ITS OR THEIR RESPECTIVE EQUITY OWNERS, DIRECTORS, OFFICERSAGENTS, EMPLOYEES, OFFICERS OR AGENTS WILL DIRECTORS SHALL BE LIABLE TO ANOTHER PARTY OR ANY THIRD PERSON UNDER THIS AGREEMENT FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, RELIANCE OR PUNITIVE DAMAGES OR LOST OR IMPUTED PROFITS OR ROYALTIES, LOST DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER LIABILITY IS ASSERTED IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT PRODUCT LIABILITY) INDEMNITY OR CONTRIBUTION, AND IRRESPECTIVE OF WHETHER THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE, LOSS, OR COST.

Disclaimer of Certain Damages. EXCEPT FOR (i) INSTANCES OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, (ii) BREACHES OF ARTICLES II OR V, AND (iii) INFRINGEMENT OF THE OTHER PARTY’S INTELLECTUAL PROPERTY, AND NOTWITHSTANDING ANYTHING TO THE MAXIMUM EXTENT PERMITTED BY LAWCONTRARY IN THE AGREEMENT AND/OR IN THIS ATTACHMENT, NO NEITHER PARTY OR ANY OF ITS AFFILIATES OR ITS OR THEIR RESPECTIVE EQUITY OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS WILL SHALL BE LIABLE TO ANOTHER PARTY OR ANY THIRD PERSON UNDER THIS AGREEMENT THE OTHER FOR ANY INDIRECT, INCIDENTALCONSEQUENTIAL, CONSEQUENTIALEXEMPLARY, SPECIAL, RELIANCE INCIDENTAL, STATUTORY OR PUNITIVE DAMAGES OF ANY CHARACTER, INCLUDING WITHOUT LIMITATION, LOSS OF USE OR LOST BUSINESS, REVENUE, PROSPECTIVE ECONOMIC ADVANTAGE PROFITS, OR IMPUTED PROFITS GOODWILL, ARISING IN CONNECTION WITH THIS ATTACHMENT, THE WEBCAST SERVICE, RELATED PRODUCTS, DOCUMENTATION AND/OR ROYALTIESTHE INTENDED USE THEREOF, LOST DATA OR COST UNDER ANY THEORY OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICESTORT, WHETHER LIABILITY IS ASSERTED IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND WARRANTY, STRICT PRODUCT LIABILITY) INDEMNITY LIABILITY OR CONTRIBUTIONNEGLIGENCE, AND IRRESPECTIVE OF WHETHER THAT EVEN IF SUCH DAMAGES ARE FORESEEABLE AND/OR THE PARTY HAS BEEN ADVISED ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. EACH PARTY HEREBY RELEASES AND WAIVES ANY CLAIMS AGAINST THE OTHER PARTY REGARDING SUCH DAMAGE, LOSS, OR COSTDAMAGES.

Disclaimer of Certain Damages. EXCEPT FOR (i) INSTANCES OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCTYOU UNDERSTAND AND AGREE THAT, (ii) BREACHES OF ARTICLES II OR V, AND (iii) INFRINGEMENT OF THE OTHER PARTY’S INTELLECTUAL PROPERTY, AND TO THE MAXIMUM FULLEST EXTENT PERMITTED PROVIDED BY LAW, IN NO PARTY OR ANY OF ITS AFFILIATES OR ITS OR THEIR RESPECTIVE EQUITY OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS WILL EVENT SHALL THE COMPANY PARTIES BE LIABLE TO ANOTHER PARTY OR ANY THIRD PERSON UNDER THIS AGREEMENT FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, RELIANCE OR PUNITIVE CONSEQUENTIAL DAMAGES, OR DAMAGES OR LOST COSTS DUE TO LOSS OF PRODUCTION OR IMPUTED PROFITS USE, BUSINESS INTERRUPTION, OR ROYALTIES, LOST DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, IN EACH CASE WHETHER LIABILITY IS ASSERTED IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT PRODUCT LIABILITY) INDEMNITY OR CONTRIBUTION, AND IRRESPECTIVE OF WHETHER THAT NOT ANY COMPANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGEDAMAGES, LOSSARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE SERVICE, YOUR TREATMENT DEVICE, OR COSTANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICE OR THIRD PARTIES, ON ANY THEORY OF LIABILITY. THE FOREGOING LIMITATION OF LIABILITY DOES NOT APPLY TO LIABILITY OF A COMPANY PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A COMPANY PARTY’S NEGLIGENCE; OR FOR (A) ANY INJURY CAUSED BY A COMPANY PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.

Disclaimer of Certain Damages. EXCEPT FOR (i) INSTANCES OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, (ii) BREACHES OF ARTICLES II OR V, AND (iii) INFRINGEMENT OF THE OTHER PARTY’S INTELLECTUAL PROPERTY, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO PARTY EVENT WILL ELECRUISER OR ANY OF ITS AFFILIATES OR ITS OR THEIR RESPECTIVE EQUITY OWNERSAFFILIATES, DIRECTORS, OFFICERS, EMPLOYEESSUPPLIERS, OR AGENTS WILL LICENSORS BE LIABLE TO ANOTHER PARTY OR ANY THIRD PERSON UNDER THIS AGREEMENT FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, RELIANCE INCIDENTAL, INDIRECT, OR PUNITIVE DAMAGES DAMAGES; FOR LOSS OF PROFITS, BUSINESS, GOODWILL, ANTICIPATED SAVINGS, OR LOST USE; LOSS OR IMPUTED PROFITS CORRUPTION OF DATA, CONFIDENTIAL INFORMATION, OR ROYALTIESOTHER INFORMATION; BUSINESS INTERRUPTION; PERSONAL INJURY; PROPERTY DAMAGE; LOSS OF PRIVACY; FAILURE TO MEET ANY DUTY OF GOOD FAITH OR REASONABLE CARE; NEGLIGENCE; AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, LOST DATA ARISING OUT OF, BASED ON, RESULTING FROM, OR COST OF PROCUREMENT OF SUBSTITUTE GOODS IN ANY WAY RELATED TO THESE TERMS OR SERVICESTHE PRODUCTS, WHETHER LIABILITY IS ASSERTED IN CONTRACTEVEN IF ELECRUISER, TORT (INCLUDING NEGLIGENCE AND STRICT PRODUCT LIABILITY) INDEMNITY ITS AFFILIATES OR CONTRIBUTIONANY SUPPLIER, AND IRRESPECTIVE OF WHETHER THAT PARTY OR LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGE, LOSS, OR COSTDAMAGES.