EXCEPT FOR DAMAGES Clause Samples
EXCEPT FOR DAMAGES. DIRECTLY OR PROXIMATELY CAUSED BY THE GROSS NELIGENCE GLO OR THE GLO, DEVELOPER SHALL INDEMNIFY AND HOLD HARMLESS GLO, GLO’S OFFICERS, REPRESENTATIVES, AGENTS, AND EMPLOYEES, THE GLO, AND THE GLO’S OFFICERS, REPRESENTATIVES, AGENTS, AND EMPLOYEES TO THE FULL EXTENT PERMITTED UNDER THE CONSTITUTION AND LAWS OF THE STATE OF TEXAS, FROM ANY LOSSES, CLAIMS, SUITS, ACTIONS, DAMAGES, OR LIABILITY (INCLUDING ALL COSTS AND EXPENSES OF DEFENDING AGAINST ALL OF THE AFOREMENTIONED) ARISING IN CONNECTION WITH:
EXCEPT FOR DAMAGES. FOR (I) DEATH OR BODILY INJURY CAUSED BY SUPPLIER’S NEGLIGENCE OR BREACH OF ITS DUTIES OR (II) FOR CLAIMS CAUSED BY SUPPLIER’S GROSSLY NEGLIGENT OR DELIBERATE BREACH OF ITS DUTIES, F5’S LIABILITY FOR LOSS UNDER THIS CONTRACT IS LIMITED TO THE TOTAL AMOUNT PAID TO F5 BY CUSTOMER UNDER THIS AGREEMENT. F5 WILL HAVE NO OBLIGATION OR LIABILITY, WHETHER ARISING IN CONTRACT (INCLUDING WARRANTY), TORT (INCLUDING ACTIVE, PASSIVE OR IMPUTED NEGLIGENCE, STRICT LIABILITY OR PRODUCT LIABILITY) OR OTHERWISE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF DATA, BUSINESS INTERRUPTION, LOSS OF REVENUE, LOSS OF BUSINESS OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH ANY OF THE SERVICES FURNISHED BY F5 UNDER THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR FOR THE DISCLAIMER OF CERTAIN WARRANTIES. IN THOSE JURISDICTIONS, SUCH INAPPLICABILITY WILL NOT AFFECT THE REMAINDER OF THE PROVISIONS IN THIS SECTION. The foregoing limitations do not apply or limit any liability for: