Common use of Disclaimer of Indirect Damages Clause in Contracts

Disclaimer of Indirect Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT FOR LIABILITY ARISING FOR A PARTY’S BREACH OF ITS APPLICABLE OBLIGATIONS IN SECTION 7 OR ANY INDEMNIFICATION OBLIGATIONS UNDER SECTION 9 RELATING TO OR ARISING FROM ANY UNPERMITTED DISCLOSURE OF CONFIDENTIAL INFORMATION, IN NO EVENT SHALL EITHER PARTY OR ANY OF ITS REPRESENTATIVES BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, REVENUE OR BUSINESS OPPORTUNITIES, SUFFERED BY THE OTHER PARTY IN CONNECTION WITH THIS AGREEMENT OR THE ALERT SERVICES, EVEN IF SUCH PARTY IS INFORMED OR IS OTHERWISE AWARE OR SHOULD BE AWARE, OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES.

Disclaimer of Indirect Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT FOR LIABILITY ARISING FOR A FROM (A) CUSTOMER’S INDEMNIFICATION OBLIGATIONS SET FORTH HEREIN, AND (B) EITHER PARTY’S BREACH INFRINGEMENT OR MISAPPROPRIATION OF ITS APPLICABLE OBLIGATIONS THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN SECTION 7 OR ANY INDEMNIFICATION OBLIGATIONS UNDER SECTION 9 RELATING TO OR ARISING FROM ANY UNPERMITTED DISCLOSURE OF CONFIDENTIAL INFORMATION, IN NO EVENT SHALL EITHER PARTY OR ANY OF ITS REPRESENTATIVES BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, WILL EITHER PARTY (OR ITS SUBCONTRACTORS) BE LIABLE TO THE OTHER LEGAL OR EQUITABLE THEORY PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY CONSEQUENTIAL OR CONSEQUENTIAL DAMAGESPUNITIVE DAMAGES OF ANY KIND ARISING OUT OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, REVENUE LOST SALES OR BUSINESS OPPORTUNITIESBUSINESS, SUFFERED BY THE WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOST DATA, OR FOR ANY AND ALL OTHER PARTY IN CONNECTION WITH THIS AGREEMENT DAMAGES OR THE ALERT SERVICESLOSSES, EVEN IF A REPRESENTATIVE OF SUCH PARTY IS INFORMED OR IS OTHERWISE AWARE HAS BEEN ADVISED, KNEW OR SHOULD BE AWARE, HAVE KNOWN OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES.

Disclaimer of Indirect Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT FOR LIABILITY ARISING FOR A PARTY’S BREACH OF ITS APPLICABLE OBLIGATIONS IN SECTION 7 OR NEITHER PARTY WILL, UNDER ANY INDEMNIFICATION OBLIGATIONS UNDER SECTION 9 RELATING CIRCUMSTANCES, BE LIABLE TO OR ARISING FROM ANY UNPERMITTED DISCLOSURE OF CONFIDENTIAL INFORMATION, IN NO EVENT SHALL EITHER THE OTHER PARTY OR TO ANY OF ITS REPRESENTATIVES BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY THIRD PARTY FOR INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, SPECIAL, OR EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATIONOR LOST PROFITS, LOSS OF PROFITSBUSINESS, REVENUE OR BUSINESS OPPORTUNITIESCOSTS ASSOCIATED WITH PROCURING SUBSTITUTE OR REPLACEMENT SERVICES, SUFFERED BY ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE SERVICES, ANY SERVICE ORDER, OR ANY OTHER PARTY IN CONNECTION WITH AGREEMENT ENTERED INTO BETWEEN THE PARTIES OR THEIR AFFILIATES RELATED TO THIS AGREEMENT OR THE ALERT SERVICESSERVICES (INCLUDING BUT NOT LIMITED TO THE DPA AND STANDARD CONTRACTUAL CLAUSES), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER IN AN ACTION BASED ON CONTRACT, WARRANTY, STRICT LIABILITY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, EVEN IF SUCH THE PARTY IS INFORMED OR IS OTHERWISE AWARE OR SHOULD BE AWARE, APPRISED IN ADVANCE OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGESDAMAGES OR SUCH DAMAGES COULD HAVE REASONABLY BEEN FORESEEN.