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Common use of Excluded Damages Clause in Contracts

Excluded Damages. To the extent permitted by Law, neither ServiceNow nor Customer will be liable to the other or any third party for lost profits (direct or indirect) or loss of use or data or for any incidental, other consequential, punitive, special, or exemplary damages (including damage to business, reputation, or goodwill), or indirect damages of any type however caused, whether by breach of warranty, breach of contract, in tort (including negligence), or any other legal or equitable cause of action, even if such party has been advised of such damages in advance or if such damages were foreseeable. The foregoing exclusions shall not apply to: (a) payments to a third party arising from a party’s obligations under Section 7 (Indemnification); and (b) infringement by a party of the other party’s Intellectual Property Rights.

Appears in 5 contracts

Samples: Subscription Service Agreement, Subscription Service Agreement, Subscription Service Agreement

Excluded Damages. To the extent permitted by Law, neither ServiceNow nor Customer will be liable to the other or any third party for lost profits (direct or indirect) or loss of use or data or for any incidental, other consequential, punitive, special, or exemplary damages (including damage to business, reputation, or goodwill), or indirect damages of any type however caused, whether by breach of warranty, breach of contract, in tort (including negligence), or any other legal or equitable cause of action, even if such party has been advised of such damages in advance or if such damages were foreseeable. The foregoing exclusions shall not apply to: : (a) payments to a third party arising from a party’s obligations under Section 7 (Indemnification); and (b) infringement by a party of the other party’s Intellectual Property Rights.

Appears in 2 contracts

Samples: Ordering Agreement, Ordering Agreement

Excluded Damages. To the extent permitted by Law, neither ServiceNow LeapPoint nor Customer Subscriber will be liable to the other or any third party for lost profits (direct or indirect) or loss of use or data or for any incidental, other consequential, punitive, special, or exemplary damages (including damage to business, reputation, or goodwill), or indirect damages of any type however caused, whether by breach of warranty, breach of contract, in tort (including negligence), or any other legal or equitable cause of action, even if such party has been advised of such damages in advance or if such damages were foreseeable. The foregoing exclusions shall not apply to: : (a) payments to a third party arising from a party’s obligations under Section 7 10 (Indemnification); and (b) infringement by a party of the other party’s Intellectual Property Rights.

Appears in 1 contract

Samples: Subscription Agreement

Excluded Damages. To the extent permitted by Law, neither ServiceNow WaveOn nor Customer will be liable to the other or any third party for lost profits (direct or indirect) or loss of use or loss of data or for any incidental, other consequential, punitive, special, or exemplary damages (including damage to business, reputation, or goodwill), or indirect damages of any type however caused, whether by breach of warranty, breach of contract, in tort (including negligence), or any other legal or equitable cause of action, even if such party has been advised of such damages in advance or if such damages were foreseeable. The foregoing exclusions shall not apply to: : (a) payments to a third party arising from a party’s obligations under Section 7 (Indemnification); and (b) infringement by a party of the other party’s Intellectual Property Rights.

Appears in 1 contract

Samples: Ordering Agreement

Excluded Damages. To the extent permitted by Law, neither ServiceNow 4Industry nor Customer will be liable to the other or any third party for lost profits (direct or indirect) or loss of use or data or for any incidental, other consequential, punitive, special, or exemplary damages (including damage to business, reputation, or goodwill), or indirect damages of any type however caused, whether by breach of warranty, breach of contract, in tort (including negligence), or any other legal or equitable cause of action, even if such party has been advised of such damages in advance or if such damages were foreseeable. The foregoing exclusions shall not apply to: : (a) payments to a third party arising from a party’s obligations under Section 7 (Indemnification); and and (b) infringement by a party of the other party’s Intellectual Property Rights.

Appears in 1 contract

Samples: Subscription Services Terms & Conditions

Excluded Damages. To the extent permitted by Law, neither ServiceNow Kensu nor Customer will be liable to the other or any third party for lost profits (direct or indirect) or loss of use or data or for any incidental, other consequential, punitive, special, or exemplary damages (including damage to business, reputation, or goodwill), or indirect damages of any type however caused, whether by breach of warranty, breach of contract, in tort (including negligence), or any other legal or equitable cause of action, even if such party has been advised of such damages in advance or if such damages were foreseeable. The foregoing exclusions shall not apply to: : (a) payments to a third party arising from a party’s obligations under Section 7 (Indemnification); and (b) infringement by a party of the other party’s Intellectual Property Rights.

Appears in 1 contract

Samples: Subscription Service Agreement