Common use of EXCEPT AS Clause in Contracts

EXCEPT AS. EXPRESSLY SET FORTH HEREIN, LICENSOR, AND ANY RELATED ENTITIES INCLUDING LICENSOR’S DIRECTORS, OFFICERS, EMPLOYEES, AND AFFILIATES MAKE NO REPRESENTATIONS AND EXTEND NO WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, VALIDITY OF ISSUED OR PENDING PATENT CLAIMS, IN THE ABSENCE OF LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS A REPRESENTATION MADE OR WARRANTY GIVEN BY LICENSOR THAT THE PRACTICE BY LICENSEE OF THE LICENSES GRANTED HEREUNDER SHALL NOT INFRINGE THE PATENT OR TRADEMARK RIGHTS OF ANY THIRD PARTY. IN NO EVENT SHALL LICENSOR, ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AFFILIATES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING ECONOMIC DAMAGE OR INJURY TO PROPERTY OR LOST PROFITS, REGARDLESS OF WHETHER LICENSOR SHALL BE ADVISED, SHALL HAVE OTHER REASON TO KNOW, OR IN FACT SHALL KNOW OF THE POSSIBILITY.

EXCEPT AS. EXPRESSLY SET FORTH HEREIN, LICENSOR, AND ANY RELATED ENTITIES INCLUDING LICENSOR’S DIRECTORS, OFFICERS, EMPLOYEES, AND AFFILIATES MAKE NO REPRESENTATIONS AND EXTEND NO WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, VALIDITY OF ISSUED OR PENDING PATENT CLAIMS, IN THE ABSENCE OF LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE. NOTHING PROVIDED IN THIS AGREEMENT SHALL BE CONSTRUED AS A REPRESENTATION MADE OR WARRANTY GIVEN BY LICENSOR THAT THE PRACTICE BY LICENSEE OF THE LICENSES GRANTED HEREUNDER SHALL NOT INFRINGE THE PATENT OR TRADEMARK RIGHTS OF ANY THIRD PARTY. IN NO EVENT SHALL LICENSORAGREEMENT, UHN (WHICH INCLUDES ITS DIRECTORS, OFFICERS, EMPLOYEES, STAFF MEMBERS, STUDENTS, RESEARCH TRAINEES AND AGENTS) MAKES NO CONDITIONS, REPRESENTATIONS, WARRANTIES, UNDERTAKINGS, PROMISES, INDUCEMENTS OR AFFILIATES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES AGREEMENTS OF ANY KIND, INCLUDING ECONOMIC DAMAGE WHETHER DIRECT, INDIRECT, COLLATERAL, EXPRESS OR INJURY TO PROPERTY OR LOST PROFITSIMPLIED, REGARDLESS OF WHETHER LICENSOR SHALL BE ADVISEDAS TO: a. ANY MATTER WHATSOEVER, SHALL HAVE OTHER REASON TO KNOWINCLUDING, WITHOUT LIMITATION, THE CONDITION, ORIGINALITY, OR IN FACT SHALL KNOW ACCURACY OF DATA, RESULTS, CONCLUSIONS AND PRODUCTS ARISING THEREFROM, AND ANY OTHER DELIVERABLE OR MATTER ARISING FROM THE PROVISION OF THE POSSIBILITYSERVICES, WHETHER TANGIBLE OR INTANGIBLE, AND ANY INTELLECTUAL PROPERTY ASSOCIATED THEREWITH, CONCEIVED, DISCOVERED, OR DEVELOPED UNDER OR AS A RESULT OF THIS AGREEMENT, AND b. THE OWNERSHIP, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF SAID DATA, RESULTS, CONCLUSIONS AND PRODUCTS ARISING THEREFROM, AND ANY OTHER DELIVERABLE OR MATTER ARISING FROM THE PROVISION OF THE SERVICES, AND ANY INTELLECTUAL PROPERTY ASSOCIATED THEREWITH, INCLUDING WITHOUT LIMITATION, ANY REPRESENTATIONS AND WARRANTIES IN RESPECT OF INTELLECTUAL PROPERTY ASSOCIATED WITH THE PROVISION OF ANY SERVICES OR IN RESPECT OF ANY DELIVERABLE OR OTHER MATTER ARISING FROM THE PROVISION OF THE SERVICES.

EXCEPT AS. EXPRESSLY SET FORTH HEREINWARRANTED ABOVE, LICENSOREACH ---------------------- PARTY EXPRESSLY DISCLAIMS ANY FURTHER WARRANTIES, AND ANY RELATED ENTITIES INCLUDING LICENSOR’S DIRECTORSEXPRESS, OFFICERSIMPLIED, EMPLOYEES, AND AFFILIATES MAKE NO REPRESENTATIONS AND EXTEND NO WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIEDSTATUTORY, INCLUDING BUT NOT LIMITED TO TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE, VALIDITY OF ISSUED OR PENDING PATENT CLAIMS, IN . WITHOUT LIMITING THE ABSENCE OF LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS A REPRESENTATION MADE OR WARRANTY GIVEN BY LICENSOR THAT THE PRACTICE BY LICENSEE GENERALITY OF THE LICENSES GRANTED HEREUNDER FOREGOING, NEITHER PARTY MAKES ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE LYCOS NETWORK AND THE AUTOWEB SITE OR THE CO-BRANDED SITE, AND NEITHER PARTY SHALL NOT INFRINGE THE PATENT OR TRADEMARK RIGHTS OF ANY THIRD PARTY. IN NO EVENT SHALL LICENSOR, ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AFFILIATES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES THE CONSEQUENCES OF ANY KINDINTERRUPTIONS OR ERRORS RELATED THERETO. LYCOS SPECIFICALLY DISCLAIMS ALL LIABILITY FOR THE AUTOWEB SITE, INCLUDING ECONOMIC DAMAGE THE CO-BRANDED SITE, AND THE CONTENT THEREIN, AND AUTOWEB SPECIFICALLY DISCLAIMS ALL LIABILITY FOR THE LYCOS NETWORK, (EXCLUDING THE CO-BRANDED SITE) AND THE CONTENT THEREIN EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, EACH PARTY MAKES NO EXPRESS OR INJURY IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO PROPERTY ANY PRODUCTS OR LOST PROFITSSERVICES OFFERED OR SOLD THROUGH THE LYCOS NETWORK, REGARDLESS THE AUTOWEB SITE OR THE CO-BRANDED SITE (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF WHETHER LICENSOR SHALL BE ADVISEDFITNESS, SHALL HAVE OTHER REASON TO KNOWMERCHANTABILITY, NON- INFRINGEMENT OR IN FACT SHALL KNOW ANY IMPLIED WARRANTIES ARISING OUT OF THE POSSIBILITYA COURSE OF PERFORMANCE, DEALING OR TRADE USAGE).

EXCEPT AS. EXPRESSLY SET FORTH PROVIDED HEREIN, LICENSOR, iOwn ----------------------- PROVIDES THE HOMESCOUT SERVICE "AS IS" AND ANY RELATED ENTITIES INCLUDING LICENSOR’S DIRECTORS, OFFICERS, EMPLOYEES, AND AFFILIATES MAKE NO REPRESENTATIONS AND EXTEND NO iOwn DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESSED WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NON-INFRINGEMENT AND IMPLIED WARRANTIES ARISING FROM USAGE OF TRADE, VALIDITY COURSE OF ISSUED DEALING OR PENDING PATENT CLAIMSCOURSE OF PERFORMANCE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN THE ABSENCE OF LATENT OR OTHER DEFECTS, WHETHER OR iOwn DOES NOT DISCOVERABLE. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS A REPRESENTATION MADE OR WARRANTY GIVEN BY LICENSOR WARRANT THAT THE PRACTICE BY LICENSEE HOMESCOUT SERVICE WILL BE FREE FROM BUGS, DEFECTS OR ERRORS, OR THAT THE HOMESCOUT SERVICE WELL BE ACCESSIBLE WITHOUT INTERRUPTION. UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, EVEN IF THAT PARTY HAS BEEN ADVISED OF THE LICENSES GRANTED HEREUNDER SHALL POSSIBILITY OF, SUCH DAMAGES, ARISING FROM ANY PROVISION OF THIS AGREEMENT, SUCH AS, BUT NOT INFRINGE THE PATENT LIMITED TO, LOSS OF REVENUE OR TRADEMARK RIGHTS OF ANY THIRD PARTYANTICIPATED PROFITS OR LOST BUSINESS. IN NO EVENT SHALL LICENSOR, ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AFFILIATES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING ECONOMIC DAMAGE OR INJURY iOwn's LIABILITY UNDER THIS AGREEMENT EXCEED THE TOTAL AMOUNTS PAID TO PROPERTY OR LOST PROFITS, REGARDLESS OF WHETHER LICENSOR SHALL BE ADVISED, SHALL HAVE OTHER REASON TO KNOW, OR IN FACT SHALL KNOW OF THE POSSIBILITYiOwn BY PARTNER HEREUNDER.

EXCEPT AS. EXPRESSLY SET FORTH PROVIDED HEREIN, LICENSOR, THE PARTIES ----------------------- PROVIDE ALL SERVICES HEREUNDER "AS IS" AND ANY RELATED ENTITIES INCLUDING LICENSOR’S DIRECTORS, OFFICERS, EMPLOYEES, AND AFFILIATES MAKE NO REPRESENTATIONS AND EXTEND NO EACH PARTY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESSED WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NON-INFRINGEMENT AND IMPLIED WARRANTIES ARISING FROM USAGE OF TRADE, VALIDITY COURSE OF ISSUED DEALING OR PENDING PATENT CLAIMSCOURSE OF PERFORMANCE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NEITHER PARTY WARRANTS THAT THEIR RESPECTIVE SERVICES WELL BE FREE FROM BUGS, DEFECTS OR ERRORS, OR THAT THE ABSENCE SERVICES HEREUNDER WELL BE ACCESSIBLE WITHOUT INTERRUPTION. UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, EVEN IF THAT PARTY HAS BEEN ADVISED OF LATENT THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM ANY PROVISION OF THIS AGREEMENT, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR OTHER DEFECTSANTICIPATED PROFITS OR LOST BUSINESS. EXCEPT FOR PAYMENT OBLIGATIONS UNDER SECTION 4 OF THE BODY OF TIES AGREEMENT, WHETHER OR NOT DISCOVERABLE. NOTHING IN NEITHER PARTY'S LIABILITY UNDER THIS AGREEMENT SHALL EXCEED THE TOTAL AMOUNTS TO BE CONSTRUED AS A REPRESENTATION MADE OR WARRANTY GIVEN BY LICENSOR THAT THE PRACTICE BY LICENSEE OF THE LICENSES GRANTED HEREUNDER SHALL NOT INFRINGE THE PATENT OR TRADEMARK RIGHTS OF ANY THIRD PARTY. IN NO EVENT SHALL LICENSOR, ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AFFILIATES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING ECONOMIC DAMAGE OR INJURY TO PROPERTY OR LOST PROFITS, REGARDLESS OF WHETHER LICENSOR SHALL BE ADVISED, SHALL HAVE OTHER REASON TO KNOW, OR IN FACT SHALL KNOW OF THE POSSIBILITYPAID HEREUNDER.

EXCEPT AS. EXPRESSLY SET FORTH HEREINPROVIDED IN SECTION 15.1, THE PARTIES ACKNOWLEDGE AND AGREE THAT EACH LICENSOR, AND ANY RELATED ENTITIES INCLUDING LICENSOR’S DIRECTORSITS AFFILIATES, OFFICERSAGENTS, EMPLOYEES, AND AFFILIATES MAKE THE INVENTORS HAVE MADE NO REPRESENTATIONS AND EXTEND NO WARRANTIES OF ANY KINDOR WARRANTIES, EITHER EXPRESSED EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO TO, WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, VALIDITY OF ISSUED OR PENDING PATENT CLAIMS, IN THE ABSENCE OF LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE. NOTHING IN ANY CONDITIONS, WARRANTIES OR OTHER TERMS IMPLIED BY STATUTE OR COMMON LAW ARE HEREBY EXCLUDED FROM THIS AGREEMENT SHALL BE CONSTRUED AS A REPRESENTATION MADE OR WARRANTY GIVEN TO THE FULLEST EXTENT PERMITTED BY LICENSOR THAT THE PRACTICE BY LICENSEE OF THE LICENSES GRANTED HEREUNDER SHALL NOT INFRINGE THE PATENT OR TRADEMARK RIGHTS OF ANY THIRD PARTYLAW. IN NO EVENT SHALL ANY LICENSOR, ITS DIRECTORSAFFILIATES, OFFICERSAGENTS, EMPLOYEES, OR AFFILIATES AND THE INVENTORS BE LIABLE HELD RESPONSIBLE FOR INCIDENTAL ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR LOSS OF ANY KINDPROFIT (WHETHER DIRECT OR INDIRECT) OR LOSS OF REVENUE, INCLUDING ECONOMIC DAMAGE BUSINESS OPPORTUNITY OR INJURY TO PROPERTY OR LOST PROFITS, REGARDLESS GOODWILL ARISING OUT OF WHETHER LICENSOR SHALL BE ADVISED, SHALL HAVE OTHER REASON TO KNOW, OR IN FACT SHALL KNOW CONNECTION WITH THE EXERCISE OF THE POSSIBILITYRIGHTS GRANTED TO LICENSEE UNDER THIS AGREEMENT, EVEN IF ANY LICENSOR IS ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.