Common use of Excluded Damages Clause in Contracts

Excluded Damages. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL EITHER PARTY OR ITS AFFILIATES BE LIABLE FOR (1) INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, REPUTATIONAL, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND; (2) COSTS OF PROCUREMENT, COVER, OR SUBSTITUTE GOODS OR SERVICES; (3) LOSS OF USE, LOSS OR CORRUPTION OF DATA; OR (4) LOSS OF BUSINESS OPPORTUNITIES, PROFITS, GOODWILL, OR SAVINGS, WHETHER IN ANY OF THE FOREGOING, ARISING UNDER CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR ANY OTHER THEORY OF LIABILITY, EVEN IF SUCH PARTY HAS BEEN INFORMED IN ADVANCE OF SUCH DAMAGES OR SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN. NEITHER PARTY WILL BE LIABLE FOR ACTIONS REASONABLY TAKEN TO COMPLY WITH LAW.

Excluded Damages. TO THE FULLEST MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL EITHER PARTY SHALL BRIGHT MLS OR ANY OF ITS AFFILIATES RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, STOCKHOLDERS, CONTRACTORS OR REPRESENTATIVES BE LIABLE TO GOVERNMENT AGENCY OR ANY THIRD PARTY FOR (1) ANY INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, REPUTATIONAL, SPECIAL CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF ANY KIND; (2) COSTS BUSINESS, BUSINESS INTERRUPTION, LOSS OF PROCUREMENT, COVERDATA, OR SUBSTITUTE GOODS OR SERVICES; (3) LOSS OF USE, LOSS OR CORRUPTION OF DATA; OR (4) LOSS OF BUSINESS OPPORTUNITIES, PROFITS, GOODWILLOTHER SIMILAR DAMAGES ARISING OUT OF, OR SAVINGS, WHETHER IN ANY OF THE FOREGOING, ARISING UNDER CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR ANY OTHER THEORY OF LIABILITYRELATED TO THIS AGREEMENT, EVEN IF SUCH PARTY BRIGHT MLS HAS BEEN INFORMED IN ADVANCE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES COULD HAVE BEEN POSSIBILITY WAS REASONABLY FORESEENFORESEEABLE. NEITHER PARTY WILL FURTHER, BRIGHT MLS SHALL NOT BE LIABLE FOR ACTIONS REASONABLY TAKEN TO COMPLY WITH LAWANY DAMAGES OCCASIONED BY THE ACTS OR OMISSIONS, WHETHER INTENTIONAL OR NOT, OF BRIGHT MLS’s SUBSCRIBERS.