Common use of Exclusion of Consequential and Related Damages Clause in Contracts

Exclusion of Consequential and Related Damages. IN NO EVENT SHALL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER PARTY FOR ANY LOST PROFITS OR REVENUES OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF CUSTOMER’S USE OF THE THIS SERVICE, INCLUDING BUT NOT LIMITED TO THE INABILITY TO USE THE SERVICE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICES, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENT, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR SUCH PARTY'S LICENSORS HAVE BEEN PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. NOTWITHSTANDING THE FOREGOING, AND FOR THE AVOIDANCE OF DOUBT, BOTH PARTIES AGREE THAT THE DAMAGE LIMITATION SET FORTH IN THIS SECTION 12.2 DOES NOT CONFLICT WITH THE INDEMNIFICATON OBLIGATIONS SET FORTH IN SECTION 11 AND THAT SUCH INDEMNIFICATION OBLIGATIONS ARE VALID AND ENFORCEABLE BY THE PARTIES HEREUNDER.

Exclusion of Consequential and Related Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER PARTY FOR ANY LOST PROFITS WILL Eitan Medical ITS AFFILIATES AND THEIR DIRECTORS, EMPLOYEES, AGENTS OR REVENUES OR LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER EXEMPLARY, OR PUNITIVE DAMAGES HOWEVER CAUSEDARISING OUT OF THIS AGREEMENT (INCLUDING ANY APPENDIX, WHETHER ADDENDUM OR EXHIBIT HERETO) OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE PLATFORM AND/OR THE CONTENT CONTAINED IN OR ACCESSED THROUGH THE PLATFORM, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, REVENUES, GOODWILL, BUSINESS OR BUSINESS OPPORTUNITY, ANTICIPATED SAVINGS OR WASTED MANAGEMENT TIME, WORK STOPPAGE, LOSS, DELETION OR CORRUPTION OF CONTENT OR DATA, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR UNDER ANY OTHER THEORY OTHERWISE) UPON WHICH THE CLAIM IS BASED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITYINCIDENTAL OR CONSEQUENTIAL DAMAGES, (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF CUSTOMER’S USE OF THE SO THIS SERVICE, INCLUDING BUT EXCLUSION AND LIMITATION MAY NOT LIMITED TO THE INABILITY TO USE THE SERVICE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICES, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENT, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR SUCH PARTY'S LICENSORS HAVE BEEN PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. NOTWITHSTANDING THE FOREGOING, AND FOR THE AVOIDANCE OF DOUBT, BOTH PARTIES AGREE THAT THE DAMAGE LIMITATION SET FORTH IN THIS SECTION 12.2 DOES NOT CONFLICT WITH THE INDEMNIFICATON OBLIGATIONS SET FORTH IN SECTION 11 AND THAT SUCH INDEMNIFICATION OBLIGATIONS ARE VALID AND ENFORCEABLE BY THE PARTIES HEREUNDERBE APPLICABLE.

Exclusion of Consequential and Related Damages. IN NO EVENT SHALL EITHER PARTY HAVE ANY LIABILITY TO EXCEPT FOR A PARTY’S INDEMNIFICATION OBLIGATIONS, PAYMENT OBLIGATIONS, DAMAGES ARISING FROM THE OTHER PARTY FOR ANY LOST PROFITS OR REVENUES OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF CUSTOMER’S UNAUTHORIZED USE OF THE THIS SERVICEOTHER’S INTELLECTUAL PROPERTY, INCLUDING BUT NOT LIMITED A BREACH OF CONFIDENTIALITY UNDER SECTION 7, OR GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT, TO THE INABILITY TO USE THE SERVICE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICES, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENTEXTENT PERMITTED BY APPLICABLE LAW, EVEN IF THE PARTY FROM WHICH SUCH DAMAGES ARE BEING SOUGHT OR SUCH PARTY'S LICENSORS COULD HAVE BEEN PREVIOUSLY FORESEEN OR IF A PARTY HAS BEEN ADVISED APPRAISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. NOTWITHSTANDING THE FOREGOING, AND REGARDLESS OF WHETHER SUCH DAMAGES ARE ARISING IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, BREACH OF ANY STATUTORY DUTY OR OTHERWISE, IN NO EVENT WILL: (A) EITHER PARTY BE LIABLE FOR DAMAGES FOR LOSS OF PROFIT OR REVENUE, DATA THAT IS LOST OR CORRUPTED, LOSS OF GOODWILL, OR ANY OTHER SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES; AND, (B) EACH PARTY’S TOTAL AND CUMULATIVE LIABILITY, FOR ALL CLAIMS OF ANY NATURE ARISING OUT OF THIS AGREEMENT EXCEED THE AVOIDANCE TOTAL FEES PAID OR PAYABLE BY CUSTOMER IN THE TWELVE (12) MONTHS IMMEDIATELY PROCEEDING THE OCCURRENCE OF DOUBT, BOTH PARTIES AGREE THAT THE DAMAGE LIMITATION SET FORTH IN FIRST EVENT GIVING RISE TO A CLAIM UNDER THIS SECTION 12.2 DOES NOT CONFLICT WITH THE INDEMNIFICATON OBLIGATIONS SET FORTH IN SECTION 11 AND THAT SUCH INDEMNIFICATION OBLIGATIONS ARE VALID AND ENFORCEABLE BY THE PARTIES HEREUNDERAGREEMENT.

Exclusion of Consequential and Related Damages. REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, IN NO EVENT SHALL WILL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER PARTY BE LIABLE FOR ANY LOST PROFITS REVENUE OR REVENUES PROFIT, LOST OR DAMAGED DATA, BUSINESS INTERRUPTION, LOSS OF CAPITAL, OR FOR ANY INDIRECT, SPECIAL, INCIDENTALINDIRECT, CONSEQUENTIAL, COVER INCIDENTAL OR PUNITIVE DAMAGES DAMAGES, HOWEVER CAUSED, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE LIABILITY OR OTHER ECONOMIC ADVANTAGE) WHETHER ARISING OUT OF CUSTOMER’S THE USE OF THE THIS SERVICE, INCLUDING BUT NOT LIMITED TO THE OR INABILITY TO USE THE SERVICEKSI CHARGING NETWORK, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE KSI CHARGING NETWORK SERVICES, THIS AGREEMENT OR OTHERWISE OR BASED ON ANY INTERRUPTIONEXPRESSED, INACCURACY, ERROR IMPLIED OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENT, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR SUCH PARTY'S LICENSORS HAVE BEEN PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER SHALL CLAIMED WARRANTIES BY SUBSCRIBER NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. NOTWITHSTANDING THE FOREGOING, AND FOR THE AVOIDANCE OF DOUBT, BOTH PARTIES AGREE THAT THE DAMAGE LIMITATION SPECIFICALLY SET FORTH IN THIS SECTION 12.2 DOES AGREEMENT. BECAUSE SOME STATES OR JURISDICTIONS DO NOT CONFLICT WITH ALLOW LIMITATION OR EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE INDEMNIFICATON OBLIGATIONS SET FORTH ABOVE LIMITATION MAY NOT APPLY; PROVIDED THAT, IN SECTION 11 AND THAT SUCH INDEMNIFICATION OBLIGATIONS ARE VALID AND ENFORCEABLE INSTANCES, KSI’S LIABILITY IN SUCH CASES SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY THE PARTIES HEREUNDERAPPLICABLE LAW.

Exclusion of Consequential and Related Damages. IN NO EVENT SHALL EITHER PARTY WORKSPOT HAVE ANY LIABILITY TO THE OTHER PARTY COMPANY ARISING FROM THIS AGREEMENT FOR ANY LOST PROFITS PROFITS, LOSS OF USE, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF COMPANY CONTENT (OR REVENUES ANY DATA RELATED THERETO), LOSS OF REPUTATION, OR ANY INTERRUPTION OF BUSINESS, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIALPUNITIVE, COVER CONSEQUENTIAL OR PUNITIVE DAMAGES OTHER INDIRECT DAMAGES, HOWEVER CAUSEDCAUSED AND, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE WHETHER OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF CUSTOMER’S USE OF THE THIS SERVICE, INCLUDING BUT NOT LIMITED TO THE INABILITY TO USE THE SERVICE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICES, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENT, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR SUCH PARTY'S LICENSORS HAVE BEEN PREVIOUSLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER SHALL NOT APPLY , AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING (INCLUDING FUNDAMENTAL BREACH) BY WORKSPOT OR ANY PERSON FOR WHOM WORKSPOT IS RESPONSIBLE, EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAWOF WORKSPOT’S FRAUD, GROSS NEGLIGENCE, BAD FAITH OR WILLFUL MISCONDUCT. NOTWITHSTANDING IN ADDITION, WORKSPOT WILL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT OR INDIRECT IN NATURE, THAT COMPANY MAY SUFFER IF THE FOREGOING, AND FOR THE AVOIDANCE WORKSPOT DAAS SERVICES CEASE TO FUNCTION AS A RESULT OF DOUBT, BOTH PARTIES AGREE THAT THE DAMAGE LIMITATION SET FORTH COMPANY’S FAILURE TO PAY IN THIS SECTION 12.2 DOES NOT CONFLICT WITH THE INDEMNIFICATON OBLIGATIONS SET FORTH IN SECTION 11 AND THAT SUCH INDEMNIFICATION OBLIGATIONS ARE VALID AND ENFORCEABLE BY THE PARTIES HEREUNDER.A TIMELY MANNER ANY UNDISPUTED FEES OR CHARGES

Exclusion of Consequential and Related Damages. EXCEPT FOR LIABILITY ARISING UNDER A BREACH OF ANY INTELLECTUAL PROPERTY RIGHT OF A PARTY, THE INDEMNIFICATION OBLIGATIONS SET FORTH IN SECTION VIII, OR A PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, IN NO EVENT SHALL EITHER WILL A PARTY HAVE ANY LIABILITY TO THE OTHER PARTY BE LIABLE FOR ANY LOST PROFITS OR REVENUES OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER CONSEQUENTIAL OR PUNITIVE EXEMPLARY DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT OR UNDER OF ANY OTHER THEORY OF LIABILITY, (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF CUSTOMER’S USE OF THE THIS SERVICEKIND, INCLUDING BUT NOT LIMITED TO THE INABILITY TO USE THE SERVICEANY LOST PROFITS AND LOST SAVINGS, HOWEVER CAUSED, WHETHER FOR BREACH OR REPUDIATION OF CONTRACT, TORT, BREACH OF WARRANTY, NEGLIGENCE, OR FOR ANY CONTENT OBTAINED FROM OTHERWISE, WHETHER OR THROUGH THE SERVICES, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENT, EVEN IF THE NOT SUCH PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR SUCH PARTY'S LICENSORS HAVE BEEN PREVIOUSLY BEEN WAS ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. THE FOREGOING DISCLAIMER SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. NOTWITHSTANDING THE FOREGOING, AND FOR THE AVOIDANCE OF DOUBT, BOTH PARTIES AGREE THAT THE DAMAGE LIMITATION SET FORTH NOTHING IN THIS SECTION 12.2 DOES NOT CONFLICT WITH SHALL BE DEEMED TO IMPAIR THE INDEMNIFICATON OBLIGATIONS SET FORTH IN SECTION 11 AND THAT SUCH INDEMNIFICATION OBLIGATIONS ARE VALID AND ENFORCEABLE BY U.S. GOVERNMENT’S RIGHT TO RECOVER FOR FRAUD OR CRIMES ARISING OUT OF, OR RELATED TO, THIS AGREEMENT UNDER ANY FEDERAL FRAUD STATUTE, INCLUDING THE PARTIES HEREUNDERFALSE CLAIMS ACT, 31. U.S.C. §§ 3729-3733.

Exclusion of Consequential and Related Damages. REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, IN NO EVENT SHALL WILL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER PARTY BE LIABLE FOR ANY LOST PROFITS REVENUE OR REVENUES PROFIT, LOST OR DAMAGED DATA, BUSINESS INTERRUPTION, LOSS OF CAPITAL, OR FOR ANY INDIRECT, SPECIAL, INCIDENTALINDIRECT, CONSEQUENTIAL, COVER INCIDENTAL OR PUNITIVE DAMAGES DAMAGES, HOWEVER CAUSED, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE LIABILITY OR OTHER ECONOMIC ADVANTAGE) WHETHER ARISING OUT OF CUSTOMER’S THE USE OF THE THIS SERVICE, INCLUDING BUT NOT LIMITED TO THE OR INABILITY TO USE THE SERVICEEVC CHARGING NETWORK, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE EVC CHARGING NETWORK SERVICES, THIS AGREEMENT OR OTHERWISE OR BASED ON ANY INTERRUPTIONEXPRESSED, INACCURACY, ERROR IMPLIED OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENT, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR SUCH PARTY'S LICENSORS HAVE BEEN PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER SHALL CLAIMED WARRANTIES BY SUBSCRIBER NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. NOTWITHSTANDING THE FOREGOING, AND FOR THE AVOIDANCE OF DOUBT, BOTH PARTIES AGREE THAT THE DAMAGE LIMITATION SPECIFICALLY SET FORTH IN THIS SECTION 12.2 DOES AGREEMENT. BECAUSE SOME STATES OR JURISDICTIONS DO NOT CONFLICT WITH ALLOW LIMITATION OR EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE INDEMNIFICATON OBLIGATIONS SET FORTH ABOVE LIMITATION MAY NOT APPLY; PROVIDED THAT, IN SECTION 11 AND THAT SUCH INDEMNIFICATION OBLIGATIONS ARE VALID AND ENFORCEABLE INSTANCES, EVC’S LIABILITY IN SUCH CASES SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY THE PARTIES HEREUNDERAPPLICABLE LAW.

Exclusion of Consequential and Related Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT FOR ANY BREACH BY CUSTOMER OF SECTIONS 3.1, 3.2, 3.3 OR 4 OR MISAPPROPRIATION OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS, IN NO EVENT SHALL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER PARTY OR TO ANY THIRD PARTY FOR ANY LOST PROFITS LOSS OF ACTUAL OR REVENUES ANTICIPATED PROFITS, LOSS OF BUSINESS, LOSS OF, DAMAGE TO, OR CORRUPTION OF, DATA, LOSS OF USE, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIALPUNITIVE, COVER OR PUNITIVE CONSEQUENTIAL DAMAGES HOWEVER CAUSED, WHETHER IN ARISING UNDER STATUTE, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR UNDER ANY OTHER THEORY OF LIABILITY, (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE WHETHER OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF CUSTOMER’S USE OF THE THIS SERVICE, INCLUDING BUT NOT LIMITED TO THE INABILITY TO USE THE SERVICE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICES, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENT, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR SUCH PARTY'S LICENSORS HAVE BEEN PREVIOUSLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESDAMAGE OR WHETHER SUCH DAMAGE WAS FORESEEABLE OR IN THE CONTEMPLATION OF THE PARTIES. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON DURATION OR THE FOREGOING DISCLAIMER SHALL EXCLUSION OF AN IMPLIED WARRANTY, SO THE LIMITATIONS HEREIN MAY NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAWAPPLY. NOTWITHSTANDING THE FOREGOINGNeither party shall be responsible or liable for any loss, AND FOR THE AVOIDANCE OF DOUBTdamage or inconvenience suffered by the other or by any third person, BOTH PARTIES AGREE THAT THE DAMAGE LIMITATION SET FORTH IN THIS SECTION 12.2 DOES NOT CONFLICT WITH THE INDEMNIFICATON OBLIGATIONS SET FORTH IN SECTION 11 AND THAT SUCH INDEMNIFICATION OBLIGATIONS ARE VALID AND ENFORCEABLE BY THE PARTIES HEREUNDERto the extent that such loss, damage or inconvenience is caused by the failure of the other party to comply with its obligations under this Agreement.

Exclusion of Consequential and Related Damages. IN NO EVENT SHALL EITHER PARTY WORKSPOT HAVE ANY LIABILITY TO THE OTHER PARTY COMPANY, ITS AFFILIATES OR END USERS ARISING FROM THIS AGREEMENT FOR ANY LOST PROFITS PROFITS, LOSS OF USE, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF COMPANY CONTENT (OR REVENUES ANY DATA RELATED THERETO), LOSS OF REPUTATION, OR ANY INTERRUPTION OF BUSINESS, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIALPUNITIVE, COVER CONSEQUENTIAL OR PUNITIVE DAMAGES OTHER INDIRECT DAMAGES, HOWEVER CAUSEDCAUSED AND, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE WHETHER OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF CUSTOMER’S USE OF THE THIS SERVICE, INCLUDING BUT NOT LIMITED TO THE INABILITY TO USE THE SERVICE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICES, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENT, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR SUCH PARTY'S LICENSORS HAVE BEEN PREVIOUSLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER SHALL NOT APPLY , AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING (INCLUDING FUNDAMENTAL BREACH) BY WORKSPOT OR ANY PERSON FOR WHOM WORKSPOT IS RESPONSIBLE, EXCEPT TO THE EXTENT PROHIBITED OF WORKSPOT’S FRAUD, GROSS NEGLIGENCE, BAD FAITH OR WILLFUL MISCONDUCT. IN ADDITION, WORKSPOT WILL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT OR INDIRECT IN NATURE, THAT COMPANY MAY SUFFER IF THE WORKSPOT CLOUD SERVICES CEASE TO FUNCTION AS A RESULT OF COMPANY’S FAILURE TO PAY IN A TIMELY MANNER ANY UNDISPUTED FEES OR CHARGES REQUIRED TO PERMIT CONTINUED USE OR AS A RESULT OF ANY OTHER FAILURE BY APPLICABLE LAW. NOTWITHSTANDING THE FOREGOING, AND FOR THE AVOIDANCE OF DOUBT, BOTH PARTIES AGREE THAT THE DAMAGE LIMITATION SET FORTH IN COMPANY TO COMPLY FULLY WITH THIS SECTION 12.2 DOES NOT CONFLICT WITH THE INDEMNIFICATON OBLIGATIONS SET FORTH IN SECTION 11 AND THAT SUCH INDEMNIFICATION OBLIGATIONS ARE VALID AND ENFORCEABLE BY THE PARTIES HEREUNDERAGREEMENT.

Exclusion of Consequential and Related Damages. IN NO EVENT SHALL EITHER PARTY WORKSPOT HAVE ANY LIABILITY TO THE OTHER PARTY CUSTOMER, ITS AFFILIATES OR END USERS ARISING FROM THIS AGREEMENT FOR ANY LOST PROFITS PROFITS, LOSS OF USE, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF CUSTOMER CONTENT (OR REVENUES ANY DATA RELATED THERETO), LOSS OF REPUTATION, OR ANY INTERRUPTION OF BUSINESS, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIALPUNITIVE, COVER CONSEQUENTIAL OR PUNITIVE DAMAGES OTHER INDIRECT DAMAGES, HOWEVER CAUSEDCAUSED AND, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE WHETHER OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF CUSTOMER’S USE OF THE THIS SERVICE, INCLUDING BUT NOT LIMITED TO THE INABILITY TO USE THE SERVICE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICES, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENT, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR SUCH PARTY'S LICENSORS HAVE BEEN PREVIOUSLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER SHALL NOT APPLY , AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING (INCLUDING FUNDAMENTAL BREACH) BY WORKSPOT OR ANY PERSON FOR WHOM WORKSPOT IS RESPONSIBLE, EXCEPT TO THE EXTENT PROHIBITED OF WORKSPOT’S FRAUD, GROSS NEGLIGENCE, BAD FAITH OR WILLFUL MISCONDUCT. IN ADDITION, WORKSPOT WILL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT OR INDIRECT IN NATURE, THAT CUSTOMER MAY SUFFER IF THE WORKSPOT CLOUD SERVICES CEASE TO FUNCTION AS A RESULT OF CUSTOMER’S FAILURE TO PAY IN A TIMELY MANNER ANY UNDISPUTED FEES OR CHARGES REQUIRED TO PERMIT CONTINUED USE OR AS A RESULT OF ANY OTHER FAILURE BY APPLICABLE LAW. NOTWITHSTANDING THE FOREGOING, AND FOR THE AVOIDANCE OF DOUBT, BOTH PARTIES AGREE THAT THE DAMAGE LIMITATION SET FORTH IN CUSTOMER TO COMPLY FULLY WITH THIS SECTION 12.2 DOES NOT CONFLICT WITH THE INDEMNIFICATON OBLIGATIONS SET FORTH IN SECTION 11 AND THAT SUCH INDEMNIFICATION OBLIGATIONS ARE VALID AND ENFORCEABLE BY THE PARTIES HEREUNDERAGREEMENT.

Exclusion of Consequential and Related Damages. IN NO EVENT SHALL WILL EITHER PARTY HAVE ANY LIABILITY BE LIABLE TO THE OTHER PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR ANY OTHER NON-DIRECT DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES FUTURE REVENUES, LOSS, DAMAGE, UNAVAILABLITY OR FOR CORRUPTION OF OR DAMAGE TO DATA OR SOFTWARE, COST OF CAPITAL, LOSS OF BUSINESS REPUTATION OR OPPORTUNITY, OR ANY INDIRECTCLAIM OR DEMAND AGAINST THE OTHER PARTY BY ANY THIRD PARTY, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER IN UNDER THEORY OF CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE NEGLIGENCE) OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF CUSTOMER’S USE OF THE THIS SERVICE, INCLUDING BUT NOT LIMITED TO THE INABILITY TO USE THE SERVICE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICES, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENTOTHERWISE, EVEN IF THE SAID PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR SUCH PARTY'S LICENSORS HAVE BEEN PREVIOUSLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESDAMAGES AND EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. CLIENT SHALL BE RESPONSIBLE FOR THE BACK-UP OF ALL DATA, SOFTWARE, OPERATING SYSTEMS, SOFTWARE CONFIGURATIONS, AND NETWORKING CONFIGURATIONS IN PREPARATION FOR AND DURING THE TERM OF THE SERVICES. THE FOREGOING DISCLAIMER SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. NOTWITHSTANDING THE FOREGOING, AND FOR THE AVOIDANCE OF DOUBT, BOTH PARTIES AGREE THAT THE DAMAGE LIMITATION SET FORTH IN THIS SECTION 12.2 DOES NOT CONFLICT WITH THE INDEMNIFICATON OBLIGATIONS SET FORTH IN SECTION 11 AND THAT SUCH INDEMNIFICATION OBLIGATIONS ARE VALID AND ENFORCEABLE BY THE PARTIES HEREUNDER.

Exclusion of Consequential and Related Damages. REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, IN NO EVENT SHALL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER PARTY WILL CHARGEPOINT BE LIABLE FOR ANY LOST PROFITS REVENUE OR REVENUES PROFIT, LOST OR DAMAGED DATA, BUSINESS INTERRUPTION, LOSS OF CAPITAL, OR FOR ANY INDIRECT, SPECIAL, INCIDENTALINDIRECT, CONSEQUENTIAL, COVER INCIDENTAL OR PUNITIVE DAMAGES DAMAGES, HOWEVER CAUSED, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE LIABILITY OR OTHER ECONOMIC ADVANTAGE) WHETHER ARISING OUT OF CUSTOMER’S THE USE OF THE THIS SERVICE, INCLUDING BUT NOT LIMITED TO THE OR INABILITY TO USE THE SERVICECHARGEPOINT NETWORK, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE CHARGEPOINT SERVICES, THIS AGREEMENT, A GRANT OR RECEIPT OF RIGHTS OR OTHERWISE OR BASED ON ANY INTERRUPTIONEXPRESSED, INACCURACY, ERROR IMPLIED OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENT, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR SUCH PARTY'S LICENSORS HAVE BEEN PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER SHALL CLAIMED WARRANTIES BY SUBSCRIBER NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. NOTWITHSTANDING THE FOREGOING, AND FOR THE AVOIDANCE OF DOUBT, BOTH PARTIES AGREE THAT THE DAMAGE LIMITATION SPECIFICALLY SET FORTH IN THIS SECTION 12.2 DOES NOT CONFLICT WITH THE INDEMNIFICATON OBLIGATIONS SET FORTH AGREEMENT. 8.2 AUSSCHLUSS VON MITTELBAREN UND VERBUNDENEN SCHÄDEN. UNGEACHTET DER TATSACHE, OB EIN HIER DARGELEGTER RECHTSBEHELF SEINEN ZWECK VERFEHLT ODER AUS ANDEREN GRÜNDEN NICHT GENÜGT, HAFTET CHARGEPOINT IN SECTION 11 AND THAT SUCH INDEMNIFICATION OBLIGATIONS ARE VALID AND ENFORCEABLE BY THE PARTIES HEREUNDERKEINEM FALL FÜR DEN ENTGANGENEN UMSATZ ODER GEWINN, VERLORENE ODER BESCHÄDIGTE DATEN, GESCHÄFTSUNTERBRECHUNGEN, DEN KAPITALVERLUST ODER FÜR KONKRETE ODER MITTELBARE SCHÄDEN, FOLGESCHÄDEN, DURCH ZUFALL ENTSTANDENE SCHÄDEN ODER STRAFSCHÄDEN, AUF WELCHE WEISE DIESE AUCH ENTSTANDEN SIND UND UNABHÄNGIG VON DER HAFTUNGSTHEORIE (THEORY OF LIABILITY) ODER OB DER SCHADEN AUS DER VERWENDUNG ODER DEM UNVERMÖGEN DER RICHTIGEN VERWENDUNG DES NETZWERKS VON CHARGEPOINT, EINER CHARGEPOINT- DIENSTLEISTUNG, DIESER VEREINBARUNG, DER GEWÄHRUNG ODER DEM ERHALT VON RECHTEN ODER SONSTWIE ENSTANDEN IST ODER AUF AUSDRÜCKLICHEN, STILLSCHWEIGENDEN ODER IN ANSPRUCH GENOMMENEN GARANTIEN SEITENS DES ABONNENTEN BASIERT, DIE NICHT AUSDRÜCKLICH IN DIESER VEREINBARUNG FESTGELEGT SIND.