Common use of Exceptions to Limitation of Liability Clause in Contracts

Exceptions to Limitation of Liability. Section 12.5.1 limitations will not apply to damages resulting from: (a) a Party’s willful misconduct or gross negligence; (b) indemnification claims under this Agreement; (c) a Party’s breach of its Agreement confidentiality obligation or (d) Supplier’s wrongful termination of this Agreement or the abandonment of its Agreement obligations.

Appears in 1 contract

Samples: Master Services Agreement

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Exceptions to Limitation of Liability. Section 12.5.1 The limitations will of liability in Sections 14.1 and 14.2 shall not apply to damages resulting from: (ai) a Party’s willful misconduct or gross negligence; (b) indemnification claims obligations under this Agreement; , (cii) a breach by a Party of its confidentiality obligations under this Agreement, (iii) claims relating to willful misconduct, gross negligence, personal injury or damage to property, (iv) abandonment by Castlight of the Agreement or a breach by Castlight of the paragraph entitled “Electronic Self-Help”, or (v) any fines or penalties arising from a Party’s breach of its Agreement confidentiality obligation acts or (d) Supplier’s wrongful termination of omissions in performing in accordance with this Agreement or the abandonment of its Agreement obligationsAgreement.

Appears in 1 contract

Samples: Software as a Service (Saas) Agreement (Castlight Health, Inc.)

Exceptions to Limitation of Liability. The limitations set forth in Section 12.5.1 limitations 11.1(B) will not apply to to: (A) damages resulting from: (a) a Party’s willful misconduct or gross negligence; (b) indemnification claims under this Agreement; (c) occasioned by a Party’s breach of its Agreement confidentiality obligation obligations with respect to the other Party’s intellectual property rights, (B) Losses that are the subject of indemnification obligations under this Agreement, or (dC) SupplierLosses determined to be the direct result of a Party’s wrongful termination of this Agreement gross negligence or the abandonment of its Agreement obligationsintentional or willful misconduct.

Appears in 1 contract

Samples: Statement of Work

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Exceptions to Limitation of Liability. Section 12.5.1 13.3.1 The limitations will of liability in Sections 13.1 and 13.2 shall not apply to damages resulting from: (ai) a Party’s willful misconduct or gross negligence; indemnification obligations under the Agreement, (b) indemnification claims under this Agreement; (cii) a Party’s breach by a Party of its Agreement confidentiality obligation Section 8, Section 9 or (dSection 11.3.1(l) Supplier’s wrongful termination of this Agreement or the abandonment Section 2 of its Agreement obligationsExhibit LI, or (iii) claims relating to willful misconduct, gross negligence, personal injury or damage to property.

Appears in 1 contract

Samples: Master Agreement (Chordiant Software Inc)

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