Exceptions to Limitations of Liability. This Section 15.03 will not apply with respect to:
(1) Losses occasioned by the fraud(except as rendered inapplicable to the State, DIR and all state agency and local government Customers pursuant to Section 11.03(e) of Exhibit B to the CTSA), willful misconduct, or gross negligence of a Vendor.
(2) Losses that are the subject of indemnification under this CTSA.
(3) Losses occasioned by Vendor’s refusal to provide Services under a Disentan- glement Plan, which has been approved by DIR, as specified in Section 11.06(d). For purposes of this provision, “refusal” means the intentional cessa- tion by Vendor, in a manner impermissible under this CTSA, of the perfor- xxxxx of all or a material portion of the Services then required to be provided by Vendor under the Disentanglement Plan.
(4) Losses occasioned by any breach of a Party’s obligations under Article 10.
Exceptions to Limitations of Liability. The limitations of liability set forth in Sections 18.2(a) and (b) shall not apply with respect to:
(i) Losses occasioned by the fraud or willful misconduct of a Party. (ii) Losses that are the subject of ***under Article *** of this Agreement, excluding Losses payable pursuant to Section *** (***), Section *** (*** with ***) and Section *** (***) for which the limitations of liability are as set forth in Section ***.
Exceptions to Limitations of Liability. The limitations set forth in Section 19.2(b) shall ***.
Exceptions to Limitations of Liability. S ections 18.3(a) and ( b) shall not apply with respect to:
(i) Losses occasioned by the fraud, willful misconduct, or gross negligence of a Party.
(ii) Losses that are the subject of indemnification under this Agreement.
(iii) Any losses occasioned by any breach of Service Provider's representations, or warranties or covenants under this Agreement set forth in S ections 15.6(a), 1 5.7, 1 5.8, 1 5.9, 1 5.10, and 1 5.11 under this Agreement.
(iv) Losses occasioned by Service Provider's refusal to provide Services or Termination Assistance Services. For purposes of this provision, "refusal" shall mean the refusal or failure to commence performance or the intentional cessation by Service Provider, in a manner impermissible under this Agreement, of the performance of all or a material portion of the Services or Termination Assistance Services then required to be provided by Service Provider under this Agreement.
(v) Any losses occasioned by Service Provider's breach of its obligations under A rticle 13.
Exceptions to Limitations of Liability. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, THE FOREGOING LIMITATIONS WILL NOT APPLY TO (I) A PARTY’S OWN WILLFUL MISCONDUCT; OR (II) THE INDEMNIFICATION OBLIGATIONS SET FORTH IN ARTICLE 17; OR (III) BREACH OF THE CONFIDENTIALITY OBLIGATIONS SET FORTH IN ARTICLE 12; OR (IV) BOTTLER’S OBLIGATION TO PAY IN ACCORDANCE WITH THIS AGREEMENT FOR SERVICES RENDERED.
Exceptions to Limitations of Liability. (a) The limitations of liability set forth in Section 18.1 (CAP ON OVERALL LIABILITY) shall not apply to amounts paid with respect to (i) third party claims that are the subject of indemnification under this Agreement in connection with a breach of a party's obligations under Section 14.4 (WARRANTIES OF NON-INFRINGEMENT) regarding infringement of intellectual property rights or in connection with liability under Section 16.3(a) (DEATH OR BODILY INJURY); or (ii) Direct Losses occasioned by the wrongful termination of this Agreement by HP-OMS.
Exceptions to Limitations of Liability. 18.3.3.1 The exclusions set forth in Section 18.3.1 and the liability caps set forth in Section 18.3.2 shall not apply with respect to Losses occasioned by the [ * * * ] of a Party.
18.3.3.2 The exclusions set forth in Section 18.3.1 shall not apply to amounts paid with respect to [ * * * ] that are the subject of indemnification pursuant to Sections [ * * * ] and [ * * * ], Losses occasioned by any breach of a Party’s obligations under [ * * * ] or [ * * * ].
Exceptions to Limitations of Liability. NOTHING IN SECTION 17.1(B) SHALL LIMIT (A) RAZORSTREAM'S INDEMNIFICATION OBLIGATIONS AS SET FORTH IN ARTICLE 18 (INDEMNIFICATION), OR (B) EITHER PARTY'S LIABILITY FOR A MATERIAL BREACH OF ANY PROVISIONS OF THIS AGREEMENT RELATING TO DISCLOSURE OR MISUSE OF CONFIDENTIAL INFORMATION, OR (C) DAMAGES RESULTING FROM A PARTY'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
Exceptions to Limitations of Liability. Sections 18.3(a) and (b) shall not apply with respect to:
(i) Losses occasioned by the fraud, willful misconduct, or gross negligence of a Party.
(ii) Losses that are the subject of indemnification under this Agreement.
(iii) Any losses occasioned by any breach of Successful Respondent's representations, or warranties or covenants under this Agreement set forth in Sections 15.6(a), 15.7, 15.8, 15.9, 15.10, 15.11, and 15.12 under this Agreement.
(iv) Losses occasioned by Successful Respondent's refusal to provide Services or Termination Assistance Services. For purposes of this provision, "refusal" shall mean the refusal or failure to commence performance or the intentional cessation by Successful Respondent, in a manner impermissible under this Agreement, of the performance of all or a material portion of the Services or Termination Assistance Services then required to be provided by Successful Respondent under this Agreement.
(v) Any of the losses occasioned by Successful Respondent's breach of its obligations under
Exceptions to Limitations of Liability. The limitations of liability set forth in Section 18.3(a) shall not apply with respect to:
(i) Losses paid pursuant to the indemnification obligations under this Agreement;
(ii) Liability occasioned by any breach of the restrictions in Sections 13.1 and 13.3 on the disclosure or use of ABM Data, ABM Proprietary Information, or Supplier Confidential Information;
(iii) Liability occasioned by any breach of a Party’s obligations under Article 13, other than those covered in Section 18.3(h)(ii) (provided that, unless such breach results from gross negligence, recklessness or intentional tortious conduct, such liability shall be subject to the liability caps set forth above; and provided further that, to the extent the breach involves Personal Data, the total aggregate liability of the breaching Party for consequential, incidental or special damages shall be limited to the greater of $2,000,000 or the total Charges payable to Supplier during the three (3) month period immediately preceding the last act or omission giving rise to such liability); ; or
(iv) Termination Charges assessed under this Agreement.
