Common use of Exclusion of Certain Damages Clause in Contracts

Exclusion of Certain Damages. EXCEPT TO THE EXTENT THAT RIM IS EXPRESSLY PROHIBITED BY APPLICABLE, MANDATORY LAW, IN NO EVENT SHALL RIM OR ANY GROUP COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHATSOEVER, OR DAMAGE TO REPUTATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, LOSS OF ANTICIPATED SAVINGS, LOSS OF WASTED EXPENDITURE, OR OTHER PECUNIARY LOSS ARISING OUT OF THE REPAIR SERVICES, EVEN IF RIM OR ANY GROUP COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT TO THE EXTENT THAT RIM IS EXPRESSLY PROHIBITED BY APPLICABLE, MANDATORY LAW, THIS LIMITATION IS INTENDED TO APPLY AND DOES APPLY WITHOUT REGARD TO WHETHER SUCH DAMAGES ARE CLAIMED, ASSERTED OR BROUGHT IN AN ACTION OR CLAIM IN TORT OR CONTRACT, OR ON THE WARRANTY, OR UNDER ANY OTHER LAW OR FORM OF ACTION EXCEPT IN RELATION TO LIABILITY FOR DEATH OR BODILY INJURY OR STATUTORY LIABILITY FOR INTENTIONAL MISCONDUCT, FRAUD, NEGLIGENT ACTS OR OMISSIONS OR NEGLIGENT BREACHES OF MATERIAL OBLIGATIONS, FOR WHICH NO LIMIT APPLIES, THE LIABILITY OF RIM OR ANY GROUP COMPANY TO YOU FOR LOSS OR DAMAGE ARISING UNDER THIS AGREEMENT SHALL NOT EXCEED THE PURCHASE PRICE YOU PAID FOR THE REPAIR SERVICES. Nothing in this Agreement shall be taken as excluding or attempting to exclude or in any way restrict any liability: (i) to the extent it would be illegal or unenforceable at law for RIM to exclude or to attempt to exclude its liability; (ii) for negligence, fraud or fraudulent misrepresentation; or (iii) for death or bodily injury to the extent arising directly from the negligence of RIM or that of its employees or agents. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, or certain types of implied conditions or warranties, so the above exclusions and limitations may not apply to You. If any provision of this Agreement is determined to be invalid or unenforceable the remaining provisions of this Agreement shall remain in full force and effect.

Exclusion of Certain Damages. EXCEPT TO THE EXTENT THAT RIM BLACKBERRY IS EXPRESSLY PROHIBITED BY APPLICABLE, MANDATORY LAW, IN NO EVENT SHALL RIM BLACKBERRY OR ANY GROUP COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHATSOEVER, OR DAMAGE TO REPUTATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, LOSS OF ANTICIPATED SAVINGS, LOSS OF WASTED EXPENDITURE, OR OTHER PECUNIARY LOSS ARISING OUT OF THE REPAIR SERVICES, EVEN IF RIM BLACKBERRY OR ANY GROUP COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT TO THE EXTENT THAT RIM BLACKBERRY IS EXPRESSLY PROHIBITED BY APPLICABLE, MANDATORY LAW, THIS LIMITATION IS INTENDED TO APPLY AND DOES APPLY WITHOUT REGARD TO WHETHER SUCH DAMAGES ARE CLAIMED, ASSERTED OR BROUGHT IN AN ACTION OR CLAIM IN TORT OR CONTRACT, OR ON THE WARRANTY, OR UNDER ANY OTHER LAW OR FORM OF ACTION EXCEPT IN RELATION TO LIABILITY FOR DEATH OR BODILY INJURY OR STATUTORY LIABILITY FOR INTENTIONAL MISCONDUCT, FRAUD, GROSS NEGLIGENT ACTS OR OMISSIONS OR NEGLIGENT BREACHES OF MATERIAL OBLIGATIONSOMISSIONS, FOR WHICH NO LIMIT APPLIES, THE LIABILITY OF RIM BLACKBERRY OR ANY GROUP COMPANY TO YOU FOR LOSS OR DAMAGE ARISING UNDER THIS AGREEMENT SHALL NOT EXCEED THE PURCHASE PRICE YOU PAID FOR THE REPAIR SERVICES. Nothing in this Agreement shall be taken as excluding or attempting to exclude or in any way restrict any liability: (i) to the extent it would be illegal or unenforceable at law for RIM BlackBerry to exclude or to attempt to exclude its liability; or (ii) for negligence, fraud or fraudulent misrepresentation; or (iii) for death or bodily injury to the extent arising directly from the negligence of RIM BlackBerry or that of its employees or agents. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, or certain types of implied conditions or warranties, so the above exclusions and limitations may not apply to You. If any provision of this Agreement is determined to be invalid or unenforceable the remaining provisions of this Agreement shall remain in full force and effect.

Exclusion of Certain Damages. EXCEPT NOTWITHSTANDING ANYTHING TO THE EXTENT THAT RIM IS EXPRESSLY PROHIBITED BY APPLICABLECONTRARY CONTAINED IN THIS AGREEMENT, MANDATORY LAW, IN NO EVENT NEITHER PARTY SHALL RIM OR ANY GROUP COMPANY BE LIABLE TO THE OTHER PARTY FOR CLAIMS ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH, ANY PERFORMANCE OR LACK OF PERFORMANCE UNDER THIS AGREEMENT FOR INCIDENTAL, INDIRECT, INCIDENTALPUNITIVE, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHATSOEVEREXEMPLARY, CONSEQUENTIAL, OR DAMAGE TO REPUTATION, SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATIONUSE, LOSS OF ANTICIPATED LOST REVENUE, LOST SAVINGS, LOSS OF WASTED EXPENDITUREDATA, OR OTHER PECUNIARY LOSS ARISING OUT BY REASON OF THE REPAIR SERVICESCOST OF CAPITAL), EVEN IF RIM SUCH DAMAGES WERE FORESEEABLE OR ANY GROUP COMPANY HAS BEEN THE PARTY SOUGHT TO BE HELD LIABLE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER A CLAIM THEREFOR IS BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR ANY OTHER LEGAL OR EQUITABLE PRINCIPLE, SAVE AND EXCEPT ANY SUCH DAMAGES PAYABLE WITH RESPECT TO THIRD PARTY CLAIMS. EXCEPT NOTWITHSTANDING ANYTHING IN THIS SECTION 6.4 TO THE CONTRARY, NEITHER PARTY’S RECOVERY FOR LOST PROFITS, LOSS OF USE, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, OR LOSS BY REASON OF COST OF CAPITAL SHALL BE LIMITED TO THE EXTENT CONSTITUTING DIRECT DAMAGES. EACH PARTY AGREES AND ACKNOWLEDGES THAT RIM IS EXPRESSLY PROHIBITED BY APPLICABLE, MANDATORY LAW, THE RISK ALLOCATION AND LIMITATIONS OF LIABILITY SET FORTH IN THIS LIMITATION IS INTENDED AGREEMENT ARE FUNDAMENTAL TO APPLY AND DOES APPLY WITHOUT REGARD TO WHETHER SUCH DAMAGES ARE CLAIMED, ASSERTED OR BROUGHT IN AN ACTION OR CLAIM IN TORT OR CONTRACT, OR ON EACH PARTY’S BENEFIT OF THE WARRANTY, OR BARGAIN UNDER THIS AGREEMENT. NEITHER PARTY SHALL ALLEGE THAT ANY OTHER LAW OR FORM OF ACTION EXCEPT IN RELATION TO LIABILITY FOR DEATH OR BODILY INJURY OR STATUTORY LIABILITY FOR INTENTIONAL MISCONDUCT, FRAUD, NEGLIGENT ACTS OR OMISSIONS OR NEGLIGENT BREACHES OF MATERIAL OBLIGATIONS, FOR WHICH NO LIMIT APPLIES, THE LIABILITY OF RIM REMEDY OR ANY GROUP COMPANY TO YOU FOR LOSS OR DAMAGE ARISING UNDER PROVISION OF THIS AGREEMENT SHALL NOT EXCEED FAILS OF ITS ESSENTIAL PURPOSE AND THE PURCHASE PRICE YOU PAID FOR LIMITATIONS IN THIS ARTICLE 6 WILL APPLY NOTWITHSTANDING THE REPAIR SERVICES. Nothing in this Agreement shall be taken as excluding or attempting to exclude or in any way restrict any liability: (i) to the extent it would be illegal or unenforceable at law for RIM to exclude or to attempt to exclude its liability; (ii) for negligence, fraud or fraudulent misrepresentation; or (iii) for death or bodily injury to the extent arising directly from the negligence of RIM or that of its employees or agents. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, or certain types of implied conditions or warranties, so the above exclusions and limitations may not apply to You. If any provision of this Agreement is determined to be invalid or unenforceable the remaining provisions of this Agreement shall remain in full force and effectFAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THIS AGREEMENT.

Exclusion of Certain Damages. EXCEPT TO THE EXTENT THAT RIM IS EXPRESSLY PROHIBITED BY APPLICABLE, MANDATORY LAW, IN NO EVENT SHALL RIM OR ANY GROUP COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHATSOEVER, OR DAMAGE TO REPUTATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, LOSS OF ANTICIPATED SAVINGS, LOSS OF WASTED EXPENDITURE, OR OTHER PECUNIARY LOSS ARISING OUT OF THE REPAIR SERVICES, EVEN IF RIM OR ANY GROUP COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT TO THE EXTENT THAT RIM IS EXPRESSLY PROHIBITED BY APPLICABLE, MANDATORY LAW, THIS LIMITATION IS INTENDED TO APPLY AND DOES APPLY WITHOUT REGARD TO WHETHER SUCH DAMAGES ARE CLAIMED, ASSERTED OR BROUGHT IN AN ACTION OR CLAIM IN TORT OR CONTRACT, OR ON THE WARRANTY, OR UNDER ANY OTHER LAW OR FORM OF ACTION EXCEPT IN RELATION TO LIABILITY FOR DEATH OR BODILY INJURY OR STATUTORY LIABILITY FOR INTENTIONAL MISCONDUCT, FRAUD, AND GROSS NEGLIGENT ACTS ACT OR OMISSIONS OR NEGLIGENT BREACHES OF MATERIAL OBLIGATIONSOMISSIONS, FOR WHICH NO LIMIT APPLIES, THE LIABILITY OF RIM OR ANY GROUP COMPANY TO YOU FOR LOSS OR DAMAGE ARISING UNDER THIS AGREEMENT SHALL NOT EXCEED THE PURCHASE PRICE YOU PAID FOR THE REPAIR SERVICES. Nothing in this Agreement shall be taken as excluding or attempting to exclude or in any way restrict any liability: (i) to the extent it would be illegal or unenforceable at law for RIM to exclude or to attempt to exclude its liability; (ii) for negligence, fraud or fraudulent misrepresentation; or (iii) liability for death or bodily injury to the extent arising directly from the negligence of RIM or that of its employees or agents. Some jurisdictions countries, states, or provinces do not allow the exclusion or limitation of incidental or consequential damages, or certain types of implied conditions or warranties, so the above exclusions and limitations may not apply to You. If any provision of this Agreement is determined to be invalid or unenforceable the remaining provisions of this Agreement shall remain in full force and effect.

Exclusion of Certain Damages. EXCEPT TO THE EXTENT THAT RIM IS EXPRESSLY PROHIBITED BY APPLICABLE, MANDATORY LAW, IN NO EVENT SHALL RIM IHEARTMEDIA OR ANY GROUP COMPANY SERVICE PROVIDER BE LIABLE RESPONSIBLE FOR ANY INDIRECTCONSEQUENTIAL, INCIDENTAL, SPECIAL SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL LOSS INDIRECT DAMAGES ARISING FROM OR DAMAGES WHATSOEVERRELATING TO THIS AGREEMENT OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOST REVENUE OR DAMAGE TO REPUTATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, LOSS OF ANTICIPATED SAVINGS, LOSS OF WASTED EXPENDITURE, OR OTHER PECUNIARY LOSS ARISING OUT OF THE REPAIR SERVICES, EVEN IF RIM OR ANY GROUP COMPANY IHEARTMEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT IHEARTMEDIA WILL NOT BE LIABLE, OR CONSIDERED IN BREACH OF THE AGREEMENT, ON ACCOUNT OF A DELAY OR FAILURE TO PERFORM UNDER THE AGREEMENT, AS A RESULT OF CAUSES OR CONDITIONS THAT ARE BEYOND IHEARTMEDIA’S CONTROL. IN ADDITION, AND NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE EXTENT THAT RIM IS EXPRESSLY PROHIBITED BY APPLICABLECONTRARY, MANDATORY LAWIHEARTMEDIA’S AND ITS SERVICE PROVIDER’S MAXIMUM, THIS LIMITATION IS INTENDED TO APPLY AND DOES APPLY WITHOUT REGARD TO WHETHER SUCH DAMAGES ARE CLAIMED, ASSERTED OR BROUGHT IN AN ACTION OR CLAIM IN TORT OR CONTRACT, OR ON THE WARRANTY, OR CUMULATIVE LIABILITY UNDER ANY OTHER LAW OR FORM CAUSES OF ACTION EXCEPT ARISING FROM OR IN RELATION TO LIABILITY CONNECTION WITH THIS AGREEMENT OR OTHERWISE WILL NOT EXCEED, IN THE AGGREGATE FOR DEATH OR BODILY INJURY OR STATUTORY LIABILITY FOR INTENTIONAL MISCONDUCT, FRAUD, NEGLIGENT ACTS OR OMISSIONS OR NEGLIGENT BREACHES OF MATERIAL OBLIGATIONS, FOR WHICH NO LIMIT APPLIESALL CLAIMS, THE LIABILITY OF RIM OR ANY GROUP COMPANY TOTAL PRICES PAID BY CUSTOMER TO YOU FOR LOSS OR DAMAGE ARISING IHEARTMEDIA UNDER THIS AGREEMENT SHALL NOT EXCEED DURING THE PURCHASE PRICE YOU PAID FOR SIX (6) MONTH PERIOD PRIOR TO THE REPAIR SERVICESDATE ON WHICH THE FIRST CLAIM ARISES. Nothing in this Agreement To the extent any liability of iHeartMedia and/or Service Providers cannot be disclaimed, excluded or limited under applicable law, such liability shall be taken as excluding or attempting to exclude or in any way restrict any liability: (i) disclaimed, excluded and limited to the fullest extent it would be illegal or unenforceable at law for RIM to exclude or to attempt to exclude its liability; (ii) for negligence, fraud or fraudulent misrepresentation; or (iii) for death or bodily injury to the extent arising directly from the negligence of RIM or that of its employees or agents. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, or certain types of implied conditions or warranties, so the above exclusions and limitations may not apply to You. If any provision of this Agreement is determined to be invalid or unenforceable the remaining provisions of this Agreement shall remain in full force and effectpermitted under applicable law.

Exclusion of Certain Damages. EXCEPT TO THE EXTENT THAT RIM BLACKBERRY IS EXPRESSLY PROHIBITED BY APPLICABLE, MANDATORY LAW, IN NO EVENT SHALL RIM BLACKBERRY OR ANY GROUP COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHATSOEVER, OR DAMAGE TO REPUTATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, LOSS OF ANTICIPATED SAVINGS, LOSS OF WASTED EXPENDITURE, OR OTHER PECUNIARY LOSS ARISING OUT OF THE REPAIR SERVICES, EVEN IF RIM BLACKBERRY OR ANY GROUP COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT TO THE EXTENT THAT RIM BLACKBERRY IS EXPRESSLY PROHIBITED BY APPLICABLE, MANDATORY LAW, THIS LIMITATION IS INTENDED TO APPLY AND DOES APPLY WITHOUT REGARD TO WHETHER SUCH DAMAGES ARE CLAIMED, ASSERTED OR BROUGHT IN AN ACTION OR CLAIM IN TORT OR CONTRACT, OR ON THE WARRANTY, OR UNDER ANY OTHER LAW OR FORM OF ACTION EXCEPT IN RELATION TO LIABILITY FOR DEATH OR BODILY INJURY OR STATUTORY LIABILITY FOR INTENTIONAL MISCONDUCT, FRAUD, NEGLIGENT ACTS OR OMISSIONS OR NEGLIGENT BREACHES OF MATERIAL OBLIGATIONS, FOR WHICH NO LIMIT APPLIES, THE LIABILITY OF RIM BLACKBERRY OR ANY GROUP COMPANY TO YOU FOR LOSS OR DAMAGE ARISING UNDER THIS AGREEMENT SHALL NOT EXCEED THE PURCHASE PRICE YOU PAID FOR THE REPAIR SERVICES. Nothing in this Agreement shall be taken as excluding or attempting to exclude or in any way restrict any liability: (i) to the extent it would be illegal or unenforceable at law for RIM BlackBerry to exclude or to attempt to exclude its liability; (ii) for negligence, fraud or fraudulent misrepresentation; or (iii) for death or bodily injury to the extent arising directly from the negligence of RIM BlackBerry or that of its employees or agents. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, or certain types of implied conditions or warranties, so the above exclusions and limitations may not apply to You. If any provision of this Agreement is determined to be invalid or unenforceable the remaining provisions of this Agreement shall remain in full force and effect.or

Exclusion of Certain Damages. EXCEPT TO THE EXTENT THAT RIM IS EXPRESSLY PROHIBITED BY APPLICABLE, MANDATORY LAW, IN NO EVENT SHALL RIM OR ANY GROUP COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHATSOEVER, OR DAMAGE TO REPUTATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, LOSS OF ANTICIPATED SAVINGS, LOSS OF WASTED EXPENDITURE, OR OTHER PECUNIARY LOSS ARISING OUT OF THE REPAIR SERVICES, EVEN IF RIM OR ANY GROUP COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT TO THE EXTENT THAT RIM IS EXPRESSLY PROHIBITED BY APPLICABLE, MANDATORY LAW, THIS LIMITATION IS INTENDED TO APPLY AND DOES APPLY WITHOUT REGARD TO WHETHER SUCH DAMAGES ARE CLAIMED, ASSERTED OR BROUGHT IN AN ACTION OR CLAIM IN TORT OR CONTRACT, OR ON THE WARRANTY, OR UNDER ANY OTHER LAW OR FORM OF ACTION EXCEPT IN RELATION TO LIABILITY FOR DEATH OR BODILY INJURY OR STATUTORY LIABILITY FOR INTENTIONAL MISCONDUCT, FRAUD, NEGLIGENT ACTS OR OMISSIONS OR NEGLIGENT BREACHES OF MATERIAL OBLIGATIONS, FOR WHICH NO LIMIT APPLIES, THE LIABILITY OF RIM OR ANY GROUP COMPANY TO YOU FOR LOSS OR DAMAGE ARISING UNDER THIS AGREEMENT SHALL NOT EXCEED THE PURCHASE PRICE YOU PAID FOR THE REPAIR SERVICES. Nothing in this Agreement shall be taken as excluding or attempting to exclude or in any way restrict any liability: (i) to the extent it would be illegal or unenforceable at law for RIM to exclude or to attempt to exclude its liability; (ii) for negligence, fraud or fraudulent misrepresentation; or (iii) for death or bodily injury to the extent arising directly from the negligence of RIM or that of its employees or agents; or (iv) to the extent arising from gross negligence or wilful misconduct on the part of RIM. Some jurisdictions do not allow If You are a consumer, nothing in this Agreement limits RIM’s liability to You to the exclusion or limitation extent arising from a fundamental breach by RIM of incidental or consequential damages, or certain types of implied conditions or warranties, so the above exclusions and limitations may not apply to Youthis Agreement. If any provision of this Agreement is determined to be invalid or unenforceable the remaining provisions of this Agreement shall remain in full force and effect.

Exclusion of Certain Damages. IN ANY EVENT, EXCEPT FOR FRAUD AND EXCEPT FOR CLIENT’S OBLIGATIONS UNDER THE SUBSECTION PARAGRAPH TITLED “CLIENT INDEMNIFICATION,” NEITHER PARTY ACCEPTS ANY LIABILITY UNDER OR IN RELATION TO THIS AGREEMENT OR ITS SUBJECT MATTER (WHETHER SUCH LIABILITY ARISES DUE TO NEGLIGENCE, TORT, BREACH OF CONTRACT, BREACH OF STATUTORY DUTY, MISREPRESENTATION, OR FOR ANY OTHER REASON) FOR ANY AND ALL OF THE EXTENT THAT RIM IS EXPRESSLY PROHIBITED FOLLOWING: INTERRUPTION OF BUSINESS ACTIVITIES; LOSS OR LOSS OF USE OF, CORRUPTION OR DESTRUCTION, OF DATA; LOSS OF BUSINESS OR ANTICIPATED SAVINGS; LOSS OF SALES OR TURNOVER; LOSS OF OR DAMAGE TO REPUTATION; LOSS OF CONTRACTS; LOSS OF CUSTOMERS; LOSS OF, OR LOSS OF USE OF, ANY SOFTWARE; WEB TRAFFIC, EMAILS, COMPUTER, OTHER EQUIPMENT, OR PLANT; WASTED MANAGEMENT OR OTHER STAFF TIME; LOSSES OR LIABILITIES UNDER OR IN RELATION TO ANY OTHER CONTRACT; LOSS(ES) DIRECTLY OR INDIRECTLY DUE TO NETWORK ACCESS BY APPLICABLE, MANDATORY LAW, IN NO EVENT SHALL RIM THIRD PARTIES; OR ANY GROUP COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL SPECIAL, MULTIPLE, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOSS OR DAMAGES WHATSOEVER, OR DAMAGE TO REPUTATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTIONWHETHER UNDER THIS AGREEMENT OR OTHERWISE, LOSS OF INFORMATION, LOSS OF ANTICIPATED SAVINGS, LOSS OF WASTED EXPENDITURE, OR OTHER PECUNIARY LOSS ARISING OUT REGARDLESS OF THE REPAIR SERVICESFORM OF ACTION OR THEORY OF RELIEF, EVEN IF RIM OR ANY GROUP COMPANY HAS BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGESDAMAGES AND EVEN IF ANY EXCLUSIVE REMEDY PROVIDED FOR IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE. EXCEPT TO FOR THE EXTENT THAT RIM IS EXPRESSLY PROHIBITED BY APPLICABLE, MANDATORY LAW, PURPOSES OF THIS LIMITATION IS INTENDED TO APPLY AND DOES APPLY WITHOUT REGARD TO WHETHER SUCH DAMAGES ARE CLAIMED, ASSERTED OR BROUGHT IN AN ACTION OR CLAIM IN TORT OR CONTRACT, OR ON THE WARRANTY, OR UNDER ANY OTHER LAW OR FORM OF ACTION EXCEPT IN RELATION TO LIABILITY FOR DEATH OR BODILY INJURY OR STATUTORY LIABILITY FOR INTENTIONAL MISCONDUCT, FRAUD, NEGLIGENT ACTS OR OMISSIONS OR NEGLIGENT BREACHES OF MATERIAL OBLIGATIONS, FOR WHICH NO LIMIT APPLIESPARAGRAPH, THE LIABILITY OF RIM OR ANY GROUP COMPANY TO YOU FOR TERM “LOSS” INCLUDES A PARTIAL LOSS OR DAMAGE ARISING UNDER THIS AGREEMENT SHALL NOT EXCEED THE PURCHASE PRICE YOU PAID FOR THE REPAIR SERVICES. Nothing in this Agreement shall be taken as excluding or attempting to exclude or in any way restrict any liability: (i) to the extent it would be illegal or unenforceable at law for RIM to exclude or to attempt to exclude its liability; (ii) for negligence, fraud or fraudulent misrepresentation; or (iii) for death or bodily injury to the extent arising directly from the negligence of RIM or that of its employees or agents. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, or certain types of implied conditions or warranties, so the above exclusions and limitations may not apply to You. If any provision of this Agreement is determined to be invalid or unenforceable the remaining provisions of this Agreement shall remain in full force and effectREDUCTION IN VALUE AS WELL AS A COMPLETE OR TOTAL LOSS.

Exclusion of Certain Damages. EXCEPT TO THE FULLEST EXTENT THAT RIM IS EXPRESSLY PROHIBITED PERMITTED BY APPLICABLE, MANDATORY LAW, IN NO EVENT PARTY SHALL RIM BE LIABLE TO OR OTHERWISE RESPONSIBLE TO ANY OTHER PARTY HERETO, ANY AFFILIATE OF ANY OTHER PARTY HERETO OR ANY GROUP COMPANY BE LIABLE OTHER PERSON FOR ANY INJURY TO OR LOSS OF GOODWILL, REPUTATION, BUSINESS, PRODUCTION, REVENUES, PROFITS, ANTICIPATED PROFITS, CONTRACTS, OR OPPORTUNITIES (REGARDLESS OF HOW THESE ARE CLASSIFIED AS DAMAGES) OR FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, INDIRECT, INCIDENTALEXEMPLARY, SPECIAL ENHANCED OR CONSEQUENTIAL LOSS PUNITIVE DAMAGES THAT ARISE OUT OF OR RELATE TO THIS TSA OR THE PERFORMANCE OR BREACH HEREOF, WHETHER SUCH DAMAGES WHATSOEVER, OR DAMAGE TO REPUTATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, LOSS OF ANTICIPATED SAVINGS, LOSS OF WASTED EXPENDITURE, OR OTHER PECUNIARY LOSS ARISING OUT RELIEF ARE SOUGHT BASED ON BREACH OF THE REPAIR SERVICESCONTRACT, EVEN IF RIM NEGLIGENCE, STRICT LIABILITY OR ANY GROUP COMPANY HAS BEEN OTHER LEGAL OR EQUITABLE THEORY AND WHETHER OR NOT THE PARTY WAS AWARE OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGESDAMAGES AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. EXCEPT THE FOREGOING SHALL NOT APPLY TO (A) DAMAGES RESULTING FROM A PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, OR (B) TO THE EXTENT THAT RIM IS EXPRESSLY PROHIBITED BY APPLICABLE, MANDATORY LAW, THIS LIMITATION IS INTENDED TO APPLY AND DOES APPLY WITHOUT REGARD TO WHETHER ANY SUCH DAMAGES ARE CLAIMED, ASSERTED OR BROUGHT PAID TO A THIRD PARTY IN AN ACTION OR CONNECTION WITH A THIRD PARTY CLAIM IN TORT OR CONTRACT, OR ON WHICH IS SUBJECT TO THE WARRANTY, OR UNDER ANY OTHER LAW OR FORM OF ACTION EXCEPT IN RELATION TO LIABILITY FOR DEATH OR BODILY INJURY OR STATUTORY LIABILITY FOR INTENTIONAL MISCONDUCT, FRAUD, NEGLIGENT ACTS OR OMISSIONS OR NEGLIGENT BREACHES OF MATERIAL OBLIGATIONS, FOR WHICH NO LIMIT APPLIES, THE LIABILITY OF RIM OR ANY GROUP COMPANY TO YOU FOR LOSS OR DAMAGE ARISING UNDER THIS AGREEMENT SHALL NOT EXCEED THE PURCHASE PRICE YOU PAID FOR THE REPAIR SERVICES. Nothing in this Agreement shall be taken as excluding or attempting to exclude or in any way restrict any liability: (i) to the extent it would be illegal or unenforceable at law for RIM to exclude or to attempt to exclude its liability; (ii) for negligence, fraud or fraudulent misrepresentation; or (iii) for death or bodily injury to the extent arising directly from the negligence of RIM or that of its employees or agents. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, or certain types of implied conditions or warranties, so the above exclusions and limitations may not apply to You. If any provision of this Agreement is determined to be invalid or unenforceable the remaining provisions of this Agreement shall remain in full force and effectPARTIES’ INDEMNIFICATION OBLIGATIONS HEREUNDER.

Exclusion of Certain Damages. EXCEPT TO THE MAXIMUM EXTENT THAT RIM IS EXPRESSLY PROHIBITED PERMITTED BY APPLICABLE, MANDATORY APPLICABLE LAW, IN NO EVENT SHALL RIM LEADSMART TECH, ITS AFFILIATES, OR ANY GROUP COMPANY ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE UNDER OR IN CONNECTION WITH THE AGREEMENT OR ITS SUBJECT MATTER UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, FOR ANY INDIRECTCONSEQUENTIAL, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHATSOEVERINDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS, DAMAGE TO REPUTATION, DAMAGES FOR OR LOSS OF PROFITSUSE OF DATA, BUSINESS INTERRUPTIONINTERRUPTIONS, LOSS AND LOST BUSINESS OPPORTUNITY), REGARDLESS OF INFORMATION, LOSS OF ANTICIPATED SAVINGS, LOSS OF WASTED EXPENDITURE, OR OTHER PECUNIARY LOSS ARISING OUT OF THE REPAIR SERVICES, EVEN IF RIM OR ANY GROUP COMPANY HAS BEEN WHETHER SUCH PERSONS WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT TO THE EXTENT THAT RIM IS EXPRESSLY PROHIBITED BY APPLICABLE, MANDATORY LAW, THIS LIMITATION IS INTENDED TO APPLY AND DOES APPLY WITHOUT REGARD TO WHETHER DAMAGES OR SUCH DAMAGES ARE CLAIMEDWERE OTHERWISE FORESEEABLE. WITHOUT LIMITING THE FOREGOING, ASSERTED OR BROUGHT IN AN ACTION OR CLAIM IN TORT OR CONTRACTNO EVENT SHALL LEADSMART TECH, ITS AFFILIATES, OR ON THE WARRANTYITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR UNDER SERVICE PROVIDERS BE LIABLE FOR ANY OTHER LAW DAMAGES ARISING OUT OF OR FORM OF ACTION EXCEPT IN RELATION TO LIABILITY FOR DEATH OR BODILY INJURY OR STATUTORY LIABILITY FOR INTENTIONAL MISCONDUCT, FRAUD, NEGLIGENT ACTS OR OMISSIONS OR NEGLIGENT BREACHES OF MATERIAL OBLIGATIONS, FOR WHICH NO LIMIT APPLIES, THE LIABILITY OF RIM OR ANY GROUP COMPANY TO YOU FOR LOSS OR DAMAGE ARISING UNDER THIS AGREEMENT SHALL NOT EXCEED THE PURCHASE PRICE YOU PAID FOR THE REPAIR SERVICES. Nothing in this Agreement shall be taken as excluding or attempting to exclude or in any way restrict any liabilityCONNECTION WITH: (ia) to the extent it would be illegal or unenforceable at law for RIM to exclude or to attempt to exclude its liabilityCUSTOMER’S USE, OR INABILITY TO USE LEADSMART; (iiB) for negligenceANY CUSTOMER DATA, fraud or fraudulent misrepresentationINCLUDING ANY UNAUTHORIZED ACCESS TO OR USE OF ANY CUSTOMER DATA; or (iiic) for death or bodily injury to the extent arising directly from the negligence of RIM or that of its employees or agents. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, or certain types of implied conditions or warranties, so the above exclusions and limitations may not apply to You. If any provision of this Agreement is determined to be invalid or unenforceable the remaining provisions of this Agreement shall remain in full force and effectINTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM LEADSMART; AND/OR (d) ANY HARMFUL CODE WHICH MAY BE TRANSMITTED TO OR THROUGH LEADSMART.

Exclusion of Certain Damages. RIM will under no circumstances be liable for any loss caused in Your business activities. EXCEPT TO THE EXTENT THAT RIM IS EXPRESSLY PROHIBITED BY APPLICABLE, MANDATORY LAW, IN NO EVENT SHALL RIM OR ANY GROUP COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHATSOEVER, OR DAMAGE TO REPUTATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, LOSS OF ANTICIPATED SAVINGS, LOSS OF WASTED EXPENDITURE, OR OTHER PECUNIARY LOSS ARISING OUT OF THE REPAIR SERVICES, EVEN IF RIM OR ANY GROUP COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT TO THE EXTENT THAT RIM IS EXPRESSLY PROHIBITED BY APPLICABLE, MANDATORY LAW, THIS LIMITATION IS INTENDED TO APPLY AND DOES APPLY WITHOUT REGARD TO WHETHER SUCH DAMAGES ARE CLAIMED, ASSERTED OR BROUGHT IN AN ACTION OR CLAIM IN TORT OR CONTRACT, OR ON THE WARRANTY, OR UNDER ANY OTHER LAW OR FORM OF ACTION EXCEPT IN RELATION TO LIABILITY FOR DEATH OR BODILY INJURY OR STATUTORY LIABILITY FOR INTENTIONAL MISCONDUCT, FRAUD, NEGLIGENT ACTS OR OMISSIONS OR NEGLIGENT BREACHES OF MATERIAL OBLIGATIONS, FOR WHICH NO LIMIT APPLIES, THE LIABILITY OF RIM OR ANY GROUP COMPANY TO YOU FOR LOSS OR DAMAGE ARISING UNDER THIS AGREEMENT SHALL NOT EXCEED THE PURCHASE PRICE YOU PAID FOR THE REPAIR SERVICES. Nothing in this Agreement shall be taken as excluding or attempting to exclude or in any way restrict any liability: (i) to the extent it would be illegal or unenforceable at law for RIM to exclude or to attempt to exclude its liability; (ii) for negligence, fraud or fraudulent misrepresentation; or (iii) for death or bodily injury to the extent arising directly from the negligence of RIM or that of its employees or agents. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, or certain types of implied conditions or warranties, so the above exclusions and limitations may not apply to You. If any provision of this Agreement is determined to be invalid or unenforceable the remaining provisions of this Agreement shall remain in full force and effect.

Exclusion of Certain Damages. EXCEPT TO WITH THE EXTENT THAT RIM IS EXPRESSLY PROHIBITED BY APPLICABLE, MANDATORY LAWEXCEPTION OF VIOLATIONS OF SECTION 14 BELOW, IN NO EVENT SHALL RIM OR ANY GROUP COMPANY EITHER PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHATSOEVERDAMAGES, OR DAMAGE TO REPUTATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, LOSS OF ANTICIPATED SAVINGS, LOSS OF WASTED EXPENDITUREUSE, OR OTHER PECUNIARY LOSS ARISING OUT DATA OR INTERRUPTION OF THE REPAIR SERVICESBUSINSES, WHETHER SUCH ALLEGED DAMAGES ARE LABELED IN TORT, CONTRACT, OR INDEMNITY, EVEN IF RIM OR ANY GROUP COMPANY SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT WITH THE EXCEPTION OF VIOLATIONS OF SECTION 14 BELOW, IN NO EVENT SHAL NORTEL BE LIABLE FOR DAMAGES FOR ANY CAUSE WHATSOEVER, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE), INDEMNITY OR OTHERWISE, IN AN AMOUNT IN EXCESS OF, IN THE AGGREGATE, THE PAYMENTS RECEIVED BY NORTEL FROM AVICI PURSUANT TO THIS AGREEMENT TO THE EXTENT THAT RIM DATE OF SUCH LIABILITY, OR ONE HUNDRED THOUSAND DOLLARS (US $100,000.00), WHICHEVER IS EXPRESSLY PROHIBITED BY APPLICABLEGREATER. WITH THE EXCEPTION OF VIOLATIONS OF SECTION 14 BELOW, MANDATORY LAWIN NO EVENT SHALL AVICI BE LIABLE FOR DAMAGES FOR ANY CAUSE WHATSOEVER, THIS LIMITATION IS INTENDED INCLUDING BUT NOT LIMITED TO APPLY AND DOES APPLY WITHOUT REGARD TO WHETHER SUCH DAMAGES ARE CLAIMEDBREACH OF CONTRACT (INCLUDING FUNDAMENTAL BREACH), ASSERTED TORT (INCLUDING NEGLIGENCE), INDEMNITY OR BROUGHT OTHERWISE, IN AN ACTION OR CLAIM AMOUNT IN TORT OR CONTRACTEXCESS OF, IN THE AGGREGATE, THE PAYMENTS OWED TO NORTEL BY AVICI PURSUANT TO THIS AGREEMENT TO THE DATE OF SUCH LIABILITY, OR ON THE WARRANTYONE HUNDRED THOUSAND DOLLARS (US $100,000.00), OR UNDER ANY OTHER LAW OR FORM OF ACTION EXCEPT IN RELATION TO LIABILITY FOR DEATH OR BODILY INJURY OR STATUTORY LIABILITY FOR INTENTIONAL MISCONDUCT, FRAUD, NEGLIGENT ACTS OR OMISSIONS OR NEGLIGENT BREACHES OF MATERIAL OBLIGATIONS, FOR WHICH NO LIMIT APPLIES, THE LIABILITY OF RIM OR ANY GROUP COMPANY TO YOU FOR LOSS OR DAMAGE ARISING UNDER THIS AGREEMENT SHALL NOT EXCEED THE PURCHASE PRICE YOU PAID FOR THE REPAIR SERVICES. Nothing in this Agreement shall be taken as excluding or attempting to exclude or in any way restrict any liability: (i) to the extent it would be illegal or unenforceable at law for RIM to exclude or to attempt to exclude its liability; (ii) for negligence, fraud or fraudulent misrepresentation; or (iii) for death or bodily injury to the extent arising directly from the negligence of RIM or that of its employees or agents. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, or certain types of implied conditions or warranties, so the above exclusions and limitations may not apply to You. If any provision of this Agreement is determined to be invalid or unenforceable the remaining provisions of this Agreement shall remain in full force and effectWHICHEVER IS GREATER.

Exclusion of Certain Damages. EXCEPT TO THE EXTENT THAT RIM IS EXPRESSLY PROHIBITED BY APPLICABLE, MANDATORY LAW, IN NO EVENT SHALL RIM WILL COMPANY OR ANY GROUP COMPANY OF ITS LICENSORS, SUBCONTRACTORS OR SUPPLIERS BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ITS SUBJECT MATTER UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY AND OTHERWISE, FOR ANY INDIRECTANY: (a) LOSS OF PRODUCTION, USE, BUSINESS, REVENUE OR PROFIT OR DIMINUTION IN VALUE; (b) IMPAIRMENT, INABILITY TO USE OR LOSS, INTERRUPTION OR DELAY OF THE SERVICES, (c) LOSS, DAMAGE, CORRUPTION OR RECOVERY OF DATA, OR BREACH OF DATA OR SYSTEM SECURITY, OR (d) CONSEQUENTIAL, INCIDENTAL, SPECIAL INDIRECT, EXEMPLARY, SPECIAL, ENHANCED OR CONSEQUENTIAL LOSS OR DAMAGES WHATSOEVERPUNITIVE DAMAGES, OR DAMAGE TO REPUTATION, DAMAGES FOR LOSS REGARDLESS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, LOSS OF ANTICIPATED SAVINGS, LOSS OF WASTED EXPENDITURE, OR OTHER PECUNIARY LOSS ARISING OUT OF THE REPAIR SERVICES, EVEN IF RIM OR ANY GROUP COMPANY HAS BEEN WHETHER SUCH PERSONS WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGESLOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. EXCEPT FURTHER, CUSTOMER ACKNOWLEDGES AND AGREES THAT THE SOFTWARE, SERVICES, AND COMPANY MATERIALS ARE TOOLS THAT ARE NOT INTENDED TO BE A SUBSTITUTE FOR THE EXERCISE OF CLINICAL JUDGEMENT OR DECISION-MAKING. CUSTOMER AND THE USERS SHALL BE SOLELY RESPONSIBLE FOR (I) DETERMINING THE EXTENT THAT RIM IS EXPRESSLY PROHIBITED BY APPLICABLE(IF ANY) TO WHICH THE SOFTWARE, MANDATORY LAW, THIS LIMITATION IS INTENDED TO APPLY AND DOES APPLY WITHOUT REGARD TO WHETHER SUCH DAMAGES ARE CLAIMED, ASSERTED OR BROUGHT IN AN ACTION OR CLAIM IN TORT OR CONTRACTTHE SERVICES, OR ON ANY COMPANY MATERIALS ARE USED IN MAKING MEDICAL JUDGMENTS, AND (II) THE WARRANTYRESULTS OF SUCH DETERMINATIONS AND ANY AND ALL TREATMENT DECISIONS BASED THEREON. COMPANY EXPRESSLY DISCLAIMS ANY AND ALL RESPONSIBILITY FOR ANY MEDICAL ERRORS, INJURIES, OR UNDER SIMILAR CLAIMS ARISING FROM CUSTOMER’S OR USERS’ USE OR MISUSE OF THE SOFTWARE, SERVICES, AND COMPANY MATERIALS. CUSTOMER SHALL DEFEND INDEMNIFY AND HOLD HARMLESS COMPANY AND ITS REPRESENTATIVES FROM ANY OTHER LAW CLAIM, ACTION, LOSS, DAMAGE, EXPENSES, FINES OR FORM OF ACTION EXCEPT LIABILITIES RELATED TO OR IN RELATION TO LIABILITY FOR DEATH CONNECTION WITH MEDICAL ERRORS, INJURIES, OR BODILY INJURY OR STATUTORY LIABILITY FOR INTENTIONAL MISCONDUCT, FRAUD, NEGLIGENT ACTS OR OMISSIONS OR NEGLIGENT BREACHES OF MATERIAL OBLIGATIONS, FOR WHICH NO LIMIT APPLIES, THE LIABILITY OF RIM OR ANY GROUP COMPANY TO YOU FOR LOSS OR DAMAGE ARISING UNDER THIS AGREEMENT SHALL NOT EXCEED THE PURCHASE PRICE YOU PAID FOR THE REPAIR SERVICES. Nothing in this Agreement shall be taken as excluding or attempting to exclude or in any way restrict any liability: (i) to the extent it would be illegal or unenforceable at law for RIM to exclude or to attempt to exclude its liability; (ii) for negligence, fraud or fraudulent misrepresentation; or (iii) for death or bodily injury to the extent arising directly from the negligence of RIM or that of its employees or agents. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, or certain types of implied conditions or warranties, so the above exclusions and limitations may not apply to You. If any provision of this Agreement is determined to be invalid or unenforceable the remaining provisions of this Agreement shall remain in full force and effectSIMILAR CLAIMS.

Exclusion of Certain Damages. EXCEPT TO THE EXTENT THAT RIM IS EXPRESSLY PROHIBITED BY APPLICABLE, MANDATORY LAW, IN NO EVENT SHALL RIM WILL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER PARTY OR TO ANY GROUP COMPANY BE LIABLE OTHER PARTY FOR ANY LOST PROFITS OR REVENUES, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHATSOEVERCONSEQUENTIAL, COVER, OR DAMAGE TO REPUTATIONPUNITIVE DAMAGES, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, LOSS OF ANTICIPATED SAVINGS, LOSS OF WASTED EXPENDITURE, WHETHER OR OTHER PECUNIARY LOSS ARISING OUT OF NOT THE REPAIR SERVICES, EVEN IF RIM OR ANY GROUP COMPANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT THAT RIM IS EXPRESSLY PROHIBITED BY APPLICABLEAPPLICABLE LAW. Liability Cap. EXCEPT FOR A PARTY’S BREACH OF ITS CONFIDENTIALITY OBLIGATIONS UNDER SECTION 6 OR ANY UNAUTHORIZED DISCLOSURE OF CUSTOMER DATA CAUSED BY A BREACH BY COMPANY OF ITS OBLIGATIONS UNDER THE DPA (COLLECTIVELY, MANDATORY LAWTHE “EXCLUDED CLAIMS”), IN NO EVENT WILL EITHER PARTY’S AGGREGATE LIABILITY RELATING TO THIS LIMITATION IS INTENDED AGREEMENT EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY CUSTOMER TO COMPANY HEREUNDER IN THE 12 MONTHS PRECEDING THE DATE ON WHICH THE FIRST CLAIM GIVING RISE TO LIABILITY AROSE (THE “GENERAL LIABILITY CAP”). THE GENERAL LIABILITY CAP SHALL NOT APPLY AND DOES APPLY WITHOUT REGARD TO WHETHER SUCH DAMAGES ARE CLAIMEDCUSTOMER’S LIABILITY FOR ITS PAYMENT OBLIGATIONS UNDER SECTION 4, ASSERTED OR BROUGHT IN AN ACTION OR CLAIM IN TORT OR CONTRACTCUSTOMER’S LIABILITY WITH RESPECT TO THE RESTRICTIONS, A PARTY’S LIABILITY FOR ITS INDEMNIFICATION OBLIGATIONS UNDER SECTION 8, OR ON THE WARRANTY, ITS GROSS NEGLIGENCE OR UNDER ANY OTHER LAW OR FORM OF ACTION EXCEPT IN RELATION TO LIABILITY FOR DEATH OR BODILY INJURY OR STATUTORY LIABILITY FOR INTENTIONAL WILLFUL MISCONDUCT, FRAUD, NEGLIGENT ACTS OR OMISSIONS OR NEGLIGENT BREACHES OF MATERIAL OBLIGATIONS, FOR WHICH NO LIMIT APPLIES, THE LIABILITY OF RIM OR ANY GROUP COMPANY TO YOU FOR LOSS OR DAMAGE ARISING UNDER THIS AGREEMENT SHALL NOT EXCEED THE PURCHASE PRICE YOU PAID FOR THE REPAIR SERVICES. Nothing in this Agreement shall be taken as excluding or attempting to exclude or in any way restrict any liability: (i) to the extent it would be illegal or unenforceable at law for RIM to exclude or to attempt to exclude its liability; (ii) for negligence, fraud or fraudulent misrepresentation; or (iii) for death or bodily injury to the extent arising directly from the negligence of RIM or that of its employees or agents. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, or certain types of implied conditions or warranties, so the above exclusions and limitations may not apply to You. If any provision of this Agreement is determined to be invalid or unenforceable the remaining provisions of this Agreement shall remain in full force and effect.

Exclusion of Certain Damages. EXCEPT TO THE MAXIMUM EXTENT THAT RIM IS EXPRESSLY PROHIBITED PERMITTED BY APPLICABLE, MANDATORY LAWAPPLICABLE LAW IN YOUR JURISDICTION, IN NO EVENT SHALL RIM OR ANY GROUP COMPANY NMC BE LIABLE FOR ANY INDIRECTOF THE FOLLOWING TYPES OF DAMAGES: CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHATSOEVERINDIRECT, SPECIAL, PUNITIVE, OR DAMAGE AGGRAVATED DAMAGES, DAMAGES RELATED TO REPUTATIONOR ARISING FROM PERSONAL INJURIES OR DEATH, MEDICAL OR HEALTH COSTS OR EXPENSES, OR MENTAL DISTRESS, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTIONPROFITS OR REVENUES, LOSS OF INFORMATION, CORRUPTION OR LOSS OF ANTICIPATED SAVINGSDATA, LOSS OF WASTED EXPENDITUREFAILURES TO TRANSMIT OR RECEIVE ANY DATA, OR OTHER SIMILAR PECUNIARY LOSS LOSSES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE REPAIR SOFTWARE OR SERVICES INCLUDING THE USE OR INABILITY TO USE, PERFORMANCE OR NON-­‐PERFORMANCE OF THE SOFTWARE OR SERVICES, WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN, AND EVEN IF RIM OR ANY GROUP COMPANY NMC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT NMC SHALL BE LIABLE TO YOU ONLY AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND, TO THE MAXIMUM EXTENT THAT RIM IS EXPRESSLY PROHIBITED PERMITTED BY APPLICABLEAPPLICABLE LAW IN YOUR JURISDICTION, MANDATORY LAWSHALL HAVE NO OTHER OBLIGATION, THIS LIMITATION IS INTENDED TO APPLY AND DOES APPLY WITHOUT REGARD TO WHETHER SUCH DAMAGES ARE CLAIMEDDUTY, ASSERTED OR BROUGHT LIABILITY WHATSOEVER IN AN ACTION OR CLAIM IN TORT OR CONTRACT, OR ON THE WARRANTYTORT, OR UNDER OTHERWISE TO YOU INCLUDING ANY OTHER LAW OR FORM OF ACTION EXCEPT IN RELATION TO LIABILITY FOR DEATH NEGLIGENCE OR BODILY INJURY OR STATUTORY LIABILITY FOR INTENTIONAL MISCONDUCTSTRICT LIABILITY. THE LIMITATIONS, FRAUDEXCLUSIONS, NEGLIGENT ACTS OR OMISSIONS OR NEGLIGENT BREACHES OF MATERIAL OBLIGATIONS, FOR WHICH NO LIMIT APPLIES, THE LIABILITY OF RIM OR ANY GROUP COMPANY TO YOU FOR LOSS OR DAMAGE ARISING UNDER AND DISCLAIMERS IN THIS AGREEMENT SHALL APPLY: (A) IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND, OR ACTION BY YOU INCLUDING BUT NOT EXCEED LIMITED TO BREACH OF CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER LEGAL THEORY AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES OR THE PURCHASE PRICE YOU PAID FAILURE OF THE ESSENTIAL PURPOSE OF THIS AGREEMENT OR OF ANY REMEDY CONTAINED HEREIN; AND (B) TO NMC AND ITS AFFILIATED COMPANIES, THEIR SUCCESSORS, ASSIGNS, AGENTS, SUPPLIERS, AND THEIR RESPECTIVE DIRECTORS, EMPLOYEES AND INDEPENDENT CONTRACTORS. NMC IS NOT RESPONSIBLE FOR THE REPAIR ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE NMC, ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS AND EXCLUSIONS SET FORTH IN THIS AGREEMENT CONSTITUTE AN ESSENTIAL ELEMENT OF THE AGREEMENT BETWEEN THE PARTIES AND THAT IN THE ABSENCE OF SUCH DISCLAIMERS AND EXCLUSIONS, THE FEES AND OTHER TERMS IN THIS AGREEMENT WOULD BE SUBSTANTIALLY DIFFERENT. IN ADDITION TO THE LIMITATIONS AND EXCLUSIONS SET OUT ABOVE, IN NO EVENT SHALL ANY DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS OR ASSIGNS OF NMC, OR ANY DISTRIBUTORS, SUPPLIERS, INDEPENDENT CONTRACTORS, CUSTOMERS, PARTNERS OR ORGANIZATIONS THAT WORK WITH NMC IN CONNECTION WITH THE SERVICES OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS OR ASSIGNS, OR ANY AFFILIATES OF NMC HAVE ANY LIABILITY ARISING FROM OR RELATED TO THIS AGREEMENT, THE SOFTWARE OR THE SERVICES. Nothing in this Agreement shall be taken as excluding or attempting to exclude or in any way restrict any liability: (i) to the extent it would be illegal or unenforceable at law for RIM to exclude or to attempt to exclude its liability; (ii) for negligence, fraud or fraudulent misrepresentation; or (iii) for death or bodily injury to the extent arising directly from the negligence of RIM or that of its employees or agents. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, or certain types of implied conditions or warranties, so the above exclusions and limitations may not apply to You. If any provision of this Agreement is determined to be invalid or unenforceable the remaining provisions of this Agreement shall remain in full force and effect.

Exclusion of Certain Damages. EXCEPT AS OTHERWISE STATED HEREIN, NEITHER PARTY SHALL BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, ARISING FROM OR RELATING TO THIS AGREEMENT, REGARDLESS OF ANY NOTICE OF SUCH DAMAGES. NOTHING IN THIS SECTION 8 SHALL BE CONSTRUED TO LIMIT OR RESTRICT (A) THE INDEMNIFICATION RIGHTS OR OBLIGATIONS OF EITHER PARTY UNDER THIS AGREEMENT; (B) THE RIGHTS OR OBLIGATIONS OF EITHER PARTY WITH RESPECT TO (I) THE INFRINGEMENT OR MISAPPROPRIATION OF THE OTHER PARTY'S INTELLECTUAL PROPERTY RIGHTS OR (2) UNAUTHORIZED USE OR DISCLOSURE OF THE OTHER PARTY'S CONFIDENTIAL INFORMATION; (C) DISTRIBUTOR'S LIABILITY FOR VIOLATION OF APPLICABLE LAWS OR THE INSTRUCTIONS FOR USE IN ITS OR ITS CUSTOMERS' COMMERCIALIZATION OR USE OF ANY PRODUCT; (D) COMPANY'S VIOLATION OF APPLICABLE LAWS, OR (E) EITHER PARTY'S LIABILITY TO THE EXTENT THAT RIM IS EXPRESSLY PROHIBITED BY APPLICABLE, MANDATORY LAWOTHER FOR THEIR OWN GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL RIM OR ANY GROUP COMPANY BIOSTEM BE LIABLE TO DISTRIBUTOR FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHATSOEVERCONSEQUENTIAL, SPECIAL, EXEMPLARY, OR DAMAGE PUNITIVE (INCLUDING LOST PROFITS) TO REPUTATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, LOSS OF ANTICIPATED SAVINGS, LOSS OF WASTED EXPENDITURE, OR OTHER PECUNIARY LOSS THE EXTENT ARISING OUT OF THE REPAIR SERVICES, EVEN IF RIM OR RELATING TO DISTRIBUTOR'S OR DISTRIBUTOR'S CUSTOMER'S COMMERCIALIZATION OR USE OF ANY GROUP COMPANY HAS BEEN ADVISED PRODUCT IN VIOLATION OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT TO THE EXTENT THAT RIM IS EXPRESSLY PROHIBITED BY APPLICABLE, MANDATORY INSTRUCTIONS FOR USE OR APPLICABLE LAW, THIS LIMITATION IS INTENDED TO APPLY AND DOES APPLY WITHOUT REGARD TO WHETHER SUCH DAMAGES ARE CLAIMED, ASSERTED OR BROUGHT IN AN ACTION OR CLAIM IN TORT OR CONTRACT, OR ON THE WARRANTY, OR UNDER ANY OTHER LAW OR FORM OF ACTION EXCEPT IN RELATION TO LIABILITY FOR DEATH OR BODILY INJURY OR STATUTORY LIABILITY FOR INTENTIONAL MISCONDUCT, FRAUD, NEGLIGENT ACTS OR OMISSIONS OR NEGLIGENT BREACHES OF MATERIAL OBLIGATIONS, FOR WHICH NO LIMIT APPLIES, THE LIABILITY OF RIM OR ANY GROUP COMPANY TO YOU FOR LOSS OR DAMAGE ARISING UNDER THIS AGREEMENT SHALL NOT EXCEED THE PURCHASE PRICE YOU PAID FOR THE REPAIR SERVICES. Nothing in this Agreement shall be taken as excluding or attempting to exclude or in any way restrict any liability: (i) to the extent it would be illegal or unenforceable at law for RIM to exclude or to attempt to exclude its liability; (ii) for negligence, fraud or fraudulent misrepresentation; or (iii) for death or bodily injury to the extent arising directly from the negligence of RIM or that of its employees or agents. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, or certain types of implied conditions or warranties, so the above exclusions and limitations may not apply to You. If any provision of this Agreement is determined to be invalid or unenforceable the remaining provisions of this Agreement shall remain in full force and effect.

Exclusion of Certain Damages. EXCEPT TO NO MEMBER OF THE EXTENT THAT RIM IS EXPRESSLY PROHIBITED BY APPLICABLE, MANDATORY LAW, IN NO EVENT S+N GROUP SHALL RIM OR ANY GROUP COMPANY BE LIABLE TO ANY MEMBER OF THE CUSTOMER GROUP FOR ANY INDIRECT, SPECIAL, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHATSOEVEREXEMPLARY, CONSEQUENTIAL, OR DAMAGE TO REPUTATIONPUNITIVE DAMAGES OR PENALTIES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST BUSINESS, LOST OR CORRUPT DATA, INACCURATE DATA, LOSS OF PROFITSUSE, BUSINESS INTERRUPTION, LOSS AND THE LIKE), HOWEVER IT ARISES, WHETHER FOR BREACH OF INFORMATIONCONTRACT, LOSS OF ANTICIPATED SAVINGS, LOSS OF WASTED EXPENDITUREIN TORT, OR OTHER PECUNIARY LOSS ARISING OUT OF THE REPAIR SERVICESFOR PRODUCTS LIABILITY, EVEN IF RIM SUCH DAMAGES WERE FORESEEABLE OR ANY MEMBER OF S+N GROUP COMPANY HAS BEEN WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE. THE PARTIES ACKNOWLEDGE THAT AN INDEMNITY OBLIGATION HEREUNDER SHALL BE OWED REGARDLESS OF WHETHER OR TO WHAT EXTENT THE UNDERLYING THIRD-PARTY CLAIM SEEKS RECOVERY OF CONSEQUENTIAL OR OTHER INDIRECT DAMAGES, AND SHALL NOT BE LIMITED BECAUSE THE UNDERLYING THIRD-PARTY CLAIM INCLUDES AN ASSERTED RIGHT TO RECOVER CONSEQUENTIAL OR ANY OTHER INDIRECT DAMAGES. IN NO EVENT WILL ANY MEMBER OF THE S+N GROUP BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY USE, INTERRUPTION, DELAY, OR INABILITY TO USE THE SOFTWARE; DELAYS, INTERRUPTION, OR LOSS OF SERVICES; LOSS RESULTING FROM SYSTEM OR SYSTEM SERVICE FAILURE, MALFUNCTION, OR SHUTDOWN; FAILURE TO ACCURATELY TRANSFER, READ, OR TRANSMIT INFORMATION; FAILURE TO UPDATE OR PROVIDE CORRECT INFORMATION; SYSTEM INCOMPATIBILITY OR PROVISION OF INCORRECT COMPATIBILITY INFORMATION; OR BREACHES IN SYSTEM SECURITY, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT S+N WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT TO THE EXTENT THAT RIM IS EXPRESSLY PROHIBITED BY APPLICABLE, MANDATORY LAW, THIS LIMITATION IS INTENDED TO APPLY AND DOES APPLY WITHOUT REGARD TO WHETHER SUCH DAMAGES ARE CLAIMED, ASSERTED OR BROUGHT IN AN ACTION OR CLAIM IN TORT OR CONTRACT, OR ON THE WARRANTY, OR UNDER ANY OTHER LAW OR FORM OF ACTION EXCEPT IN RELATION TO LIABILITY FOR DEATH OR BODILY INJURY OR STATUTORY LIABILITY FOR INTENTIONAL MISCONDUCT, FRAUD, NEGLIGENT ACTS OR OMISSIONS OR NEGLIGENT BREACHES OF MATERIAL OBLIGATIONS, FOR WHICH NO LIMIT APPLIES, THE LIABILITY OF RIM OR ANY GROUP COMPANY TO YOU FOR LOSS OR DAMAGE ARISING UNDER THIS AGREEMENT SHALL NOT EXCEED THE PURCHASE PRICE YOU PAID FOR THE REPAIR SERVICES. Nothing in this Agreement shall be taken as excluding or attempting to exclude or in any way restrict any liability: (i) to the extent it would be illegal or unenforceable at law for RIM to exclude or to attempt to exclude its liability; (ii) for negligence, fraud or fraudulent misrepresentation; or (iii) for death or bodily injury to the extent arising directly from the negligence of RIM or that of its employees or agents. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, or certain types of implied conditions or warranties, so the above exclusions and limitations may not apply to You. If any provision of this Agreement is determined to be invalid or unenforceable the remaining provisions of this Agreement shall remain in full force and effect.

Exclusion of Certain Damages. EXCEPT TO THE EXTENT THAT RIM BLACKBERRY IS EXPRESSLY PROHIBITED BY APPLICABLE, APPLICABLE AND MANDATORY LAW, IN NO EVENT SHALL RIM BLACKBERRY OR ANY GROUP COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHATSOEVER, OR DAMAGE TO REPUTATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, LOSS OF ANTICIPATED SAVINGS, LOSS OF WASTED EXPENDITURE, OR OTHER PECUNIARY LOSS ARISING OUT OF THE REPAIR SERVICES, EVEN IF RIM BLACKBERRY OR ANY GROUP COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT TO THE EXTENT THAT RIM BLACKBERRY IS EXPRESSLY PROHIBITED BY APPLICABLE, MANDATORY LAW, THIS LIMITATION IS INTENDED TO APPLY AND DOES APPLY WITHOUT REGARD TO WHETHER SUCH DAMAGES ARE CLAIMED, ASSERTED OR BROUGHT IN AN ACTION OR CLAIM IN TORT OR CONTRACT, OR ON THE WARRANTY, OR UNDER ANY OTHER LAW OR FORM OF ACTION EXCEPT IN RELATION TO LIABILITY FOR DEATH OR BODILY INJURY OR STATUTORY LIABILITY FOR INTENTIONAL MISCONDUCT, FRAUD, NEGLIGENT ACTS OR OMISSIONS OR NEGLIGENT BREACHES OF MATERIAL OBLIGATIONS, FOR WHICH NO LIMIT APPLIES, THE LIABILITY OF RIM BLACKBERRY OR ANY GROUP COMPANY TO YOU FOR LOSS OR DAMAGE ARISING UNDER THIS AGREEMENT SHALL NOT EXCEED THE PURCHASE PRICE YOU PAID FOR THE REPAIR SERVICES. Nothing in this Agreement shall be taken as excluding or attempting to exclude or in any way restrict any liability: (i) to the extent it would be illegal or unenforceable at law for RIM BlackBerry to exclude or to attempt to exclude its liability; (ii) for negligence, fraud or fraudulent misrepresentation; or (iii) for death or bodily injury to the extent arising directly from the negligence of RIM BlackBerry or that of its employees or agents. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, or certain types of implied conditions or warranties, so the above exclusions and limitations may not apply to You. If any provision of this Agreement is determined to be invalid or unenforceable the remaining provisions of this Agreement shall remain in full force and effect.

Exclusion of Certain Damages. EXCEPT TO THE EXTENT THAT RIM IS EXPRESSLY PROHIBITED BY APPLICABLE, MANDATORY LAW, IN NO EVENT SHALL RIM BLACKBERRY OR ANY GROUP COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHATSOEVER, OR DAMAGE TO REPUTATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, LOSS OF ANTICIPATED SAVINGS, LOSS OF WASTED EXPENDITURE, OR OTHER PECUNIARY LOSS ARISING OUT OF THE REPAIR SERVICES, EVEN IF RIM BLACKBERRY OR ANY GROUP COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT TO THE EXTENT THAT RIM IS EXPRESSLY PROHIBITED BY APPLICABLE, MANDATORY LAW, THIS LIMITATION IS INTENDED TO APPLY AND DOES APPLY WITHOUT REGARD TO WHETHER SUCH DAMAGES ARE CLAIMED, ASSERTED OR BROUGHT IN AN ACTION OR CLAIM IN TORT OR CONTRACT, OR ON THE WARRANTY, OR UNDER ANY OTHER LAW OR FORM OF ACTION EXCEPT IN RELATION TO LIABILITY FOR DEATH OR BODILY INJURY OR STATUTORY LIABILITY FOR INTENTIONAL MISCONDUCT, FRAUD, NEGLIGENT ACTS OR OMISSIONS OR NEGLIGENT BREACHES OF MATERIAL OBLIGATIONS, FOR WHICH NO LIMIT APPLIES, THE LIABILITY OF RIM BLACKBERRY OR ANY GROUP COMPANY TO YOU FOR LOSS OR DAMAGE ARISING UNDER THIS AGREEMENT SHALL NOT EXCEED THE PURCHASE PRICE YOU PAID FOR THE REPAIR SERVICES. Nothing in this Agreement shall be taken as excluding or attempting to exclude or in any way restrict any liability: (i) to the extent it would be illegal or unenforceable at law for RIM BlackBerry to exclude or to attempt to exclude its liability; (ii) for negligence, fraud or fraudulent misrepresentation; or (iii) for death or bodily injury to the extent arising directly from the negligence of RIM BlackBerry or that of its employees or agents; or (iv) to the extent arising from gross negligence or wilful misconduct on the part of BlackBerry. If You are a consumer, nothing in this Agreement limits BlackBerry’s liability to You to the extent arising from a fundamental breach by BlackBerry of this Agreement. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, or certain types of implied conditions or warranties, so the above exclusions and limitations may not apply to You. If any provision of this Agreement is determined to be invalid or unenforceable the remaining provisions of this Agreement shall remain in full force and effect.

Exclusion of Certain Damages. EXCEPT TO THE EXTENT THAT RIM IS EXPRESSLY PROHIBITED BY APPLICABLE, MANDATORY LAW, IN NO EVENT SHALL RIM OR ANY GROUP COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHATSOEVER, OR DAMAGE TO REPUTATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, LOSS OF ANTICIPATED SAVINGS, LOSS OF WASTED EXPENDITURE, OR OTHER PECUNIARY LOSS ARISING OUT OF THE REPAIR SERVICES, EVEN IF RIM OR ANY GROUP COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT TO THE EXTENT THAT RIM IS EXPRESSLY PROHIBITED BY APPLICABLE, MANDATORY LAW, THIS LIMITATION IS INTENDED TO APPLY AND DOES APPLY WITHOUT REGARD TO WHETHER SUCH DAMAGES ARE CLAIMED, ASSERTED OR BROUGHT IN AN ACTION OR CLAIM IN TORT OR CONTRACT, OR ON THE WARRANTY, OR UNDER ANY OTHER LAW OR FORM OF ACTION EXCEPT IN RELATION TO LIABILITY FOR DEATH OR BODILY INJURY OR STATUTORY LIABILITY FOR INTENTIONAL MISCONDUCT, FRAUD, GROSS NEGLIGENT ACTS OR OMISSIONS OR NEGLIGENT BREACHES OF MATERIAL OBLIGATIONSOMISSIONS, FOR WHICH NO LIMIT APPLIES, THE LIABILITY OF RIM OR ANY GROUP COMPANY TO YOU FOR LOSS OR DAMAGE ARISING UNDER THIS AGREEMENT SHALL NOT EXCEED THE PURCHASE PRICE YOU PAID FOR THE REPAIR SERVICES. Nothing in this Agreement shall be taken as excluding or attempting to exclude or in any way restrict any liability: (i) to the extent it would be illegal or unenforceable at law for RIM to exclude or to attempt to exclude its liability; or (ii) for negligence, fraud or fraudulent misrepresentation; or (iii) for death or bodily injury to the extent arising directly from the negligence of RIM or that of its employees or agents. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, or certain types of implied conditions or warranties, so the above exclusions and limitations may not apply to You. If any provision of this Agreement is determined to be invalid or unenforceable the remaining provisions of this Agreement shall remain in full force and effect.

Exclusion of Certain Damages. EXCEPT TO THE EXTENT THAT RIM IS EXPRESSLY PROHIBITED BY APPLICABLE, MANDATORY LAW, IN NO EVENT SHALL RIM BLACKBERRY OR ANY GROUP COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHATSOEVER, OR DAMAGE TO REPUTATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, LOSS OF ANTICIPATED SAVINGS, LOSS OF WASTED EXPENDITURE, OR OTHER PECUNIARY LOSS ARISING OUT OF THE REPAIR SERVICES, EVEN IF RIM BLACKBERRY OR ANY GROUP COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT TO THE EXTENT THAT RIM IS EXPRESSLY PROHIBITED BY APPLICABLE, MANDATORY LAW, THIS LIMITATION IS INTENDED TO APPLY AND DOES APPLY WITHOUT REGARD TO WHETHER SUCH DAMAGES ARE CLAIMED, ASSERTED OR BROUGHT IN AN ACTION OR CLAIM IN TORT OR CONTRACT, OR ON THE WARRANTY, OR UNDER ANY OTHER LAW OR FORM OF ACTION EXCEPT IN RELATION TO LIABILITY FOR DEATH OR BODILY INJURY OR STATUTORY LIABILITY FOR INTENTIONAL MISCONDUCT, FRAUD, NEGLIGENT ACTS OR OMISSIONS OR NEGLIGENT BREACHES OF MATERIAL OBLIGATIONS, FOR WHICH NO LIMIT APPLIES, THE LIABILITY OF RIM BLACKBERRY OR ANY GROUP COMPANY TO YOU FOR LOSS OR DAMAGE ARISING UNDER THIS AGREEMENT SHALL NOT EXCEED THE PURCHASE PRICE YOU PAID FOR THE REPAIR SERVICES. Nothing in this Agreement shall be taken as excluding or attempting to exclude or in any way restrict any liability: (i) to the extent it would be illegal or unenforceable at law for RIM BlackBerry to exclude or to attempt to exclude its liability; (ii) for negligence, fraud or fraudulent misrepresentation; or (iii) for death or bodily injury to the extent arising directly from the negligence of RIM BlackBerry or that of its employees or agents; or (iv) to the extent arising from gross negligence or wilful misconduct on the part of BlackBerry. Some jurisdictions do not allow If You are a consumer, nothing in this Agreement limits BlackBerry’s liability to You to the exclusion or limitation extent arising from a fundamental breach by BlackBerry of incidental or consequential damages, or certain types of implied conditions or warranties, so the above exclusions and limitations may not apply to Youthis Agreement. If any provision of this Agreement is determined to be invalid or unenforceable the remaining provisions of this Agreement shall remain in full force and effect.