Exceptions to Limitations on Liability. Nothing in this Agreement excludes or limits either Party’s Liability for: a. death, personal injury, or tangible personal property damage resulting from its negligence or the negligence of its employees or agents; b. its fraud or fraudulent misrepresentation; c. its infringement of the other Party’s Intellectual Property Rights; d. its payment obligations under this Agreement; or e. matters for which Liability cannot be excluded or limited under applicable law.
Appears in 5 contracts
Samples: Us Specific Terms, Us Specific Terms, Representations and Warranties Agreement
Exceptions to Limitations on Liability. Nothing in this Agreement excludes or limits either Party’s Liability for:
a. death, personal injury, or
b. intent or tangible personal property damage resulting from its negligence or the gross negligence of its employees or agents;
b. its fraud c. in the event of fraudulent intent or fraudulent misrepresentation;
c. its infringement of the other Party’s Intellectual Property Rights;
d. its payment obligations under this Agreement; or
e. or matters for which Liability cannot be excluded or limited under applicable law. CoreMedia shall also be liable for damages caused by simple negligence, insofar as such negligence relates to the breach of such contractual obligations, with which is of particular importance for the achievement of the purpose of the Agreement.
Appears in 1 contract
Samples: Service Agreement