Common use of Exceptions to Limitations of Liability Clause in Contracts

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.