Common use of Exclusion of Consequential Damages Clause in Contracts

Exclusion of Consequential Damages. EXCEPT FOR BREACHES IN SECTION 2 “ACCESS; USE; OWNERSHIP; RESTRICTIONS” BY CUSTOMER, SECTION 5 “CONFIDENTIALITY” BY EITHER PARTY OR SECTION 7 “INDEMNIFICATION” BY EITHER PARTY, IN NO EVENT SHALL EITHER PARTY AND/OR ITS AFFILIATES BE LIABLE TO ANYONE, WHETHER IN CONTRACT OR TORT, FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY RELATED THE SERVICES, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE EVEN IF A PARTY OR ITS AFFILIATE HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTHING IN THIS AGREEMENT LIMITS OR EXCLUDES ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW. THE ABOVE LIMITATIONS WILL NOT LIMIT CUSTOMER’S OBLIGATION TO PAY IN ANY WAY.

Exclusion of Consequential Damages. EXCEPT CUSTOMER AGREES THAT THE CONSIDERATION WHICH DT IS RECEIVING HEREUNDER DOES NOT INCLUDE CONSIDERATION FOR BREACHES IN SECTION 2 “ACCESS; USE; OWNERSHIP; RESTRICTIONS” ASSUMPTION BY DT OF THE RISK OF CUSTOMER'S SPECIAL, SECTION 5 “CONFIDENTIALITY” BY EITHER PARTY CONSEQUENTIAL, INCIDENTAL OR SECTION 7 “INDEMNIFICATION” BY EITHER PARTY, IN NO EVENT OTHER INDIRECT DAMAGES. DT AND ITS SUPPLIERS SHALL EITHER PARTY AND/OR ITS AFFILIATES NOT BE LIABLE TO ANYONE, WHETHER IN CONTRACT OR TORT, FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARYCONSEQUENTIAL, INCIDENTAL, CONSEQUENTIAL INCIDENTAL OR OTHER INDIRECT DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF ANY TYPE REPLACEMENT PRODUCTS OR KIND (INCLUDING SERVICES OR LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) DAMAGE TO INFORMATION OR DATA ARISING OUT OF, OR IN ANY WAY RELATED THE SERVICES, INCLUDING BUT NOT LIMITED TO OF THE USE OR INABILITY TO USE THE SERVICE. UNDER NO CIRCUMSTANCES, OR INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL DT BE LIABLE FOR ANY CONTENT OBTAINED SUCH DAMAGES RESULTING FROM OR THROUGH USE OF THE SERVICE, ANY INTERRUPTIONOR RELIANCE ON THE INFORMATION PRESENTED IN CONNECTION WITH THE SERVICE, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE EVEN IF A PARTY DT OR ITS AFFILIATE HAS SUPPLIERS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTHING IN THIS AGREEMENT LIMITS CUSTOMER AGREES NOT TO ASSERT ANY SUCH CLAIM AGAINST DT OR EXCLUDES ANY LIABILITY THAT CANNOT BE LIMITED ITS SUBSIDIARIES OR EXCLUDED UNDER APPLICABLE LAW. THE ABOVE LIMITATIONS WILL NOT LIMIT CUSTOMER’S OBLIGATION TO PAY IN ANY WAYAFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS OR EMPLOYEES.

Exclusion of Consequential Damages. TO THE FULLEST EXTENT PERMITTED BY LAW, EXCEPT FOR BREACHES IN SECTION 2 “ACCESS; USE; OWNERSHIP; RESTRICTIONS” BY CUSTOMERTO THE EXTENT ARISING OUT OF SUCH PARTY’S OBLIGATIONS UNDER ARTICLE 10, SECTION 5 “CONFIDENTIALITY” BY EITHER PARTY WILLFUL MISCONDUCT OR SECTION 7 “INDEMNIFICATION” BY EITHER PARTYBREACH OF ARTICLE 8, IN NO EVENT SHALL EITHER PARTY AND/OR ITS DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES OR AFFILIATES BE LIABLE TO ANYONE, WHETHER IN CONTRACT OR TORT, THE OTHER PARTY FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, ENHANCED OR CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND KIND, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING LOSS NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY, OR OTHERWISE (INCLUDING THE ENTRY INTO, PERFORMANCE, OR BREACH OF DATATHIS AGREEMENT), REVENUE, INCLUDING BASED ON ECONOMIC DAMAGES OR LOST PROFITS, USE REGARDLESS OF WHETHER SUCH LOSS OR DAMAGE WAS FORESEEABLE OR SUCH PARTY SHALL BE ADVISED, SHALL HAVE OTHER ECONOMIC ADVANTAGE) ARISING OUT OFREASON TO KNOW, OR IN ANY WAY RELATED THE SERVICES, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE EVEN IF A PARTY OR ITS AFFILIATE HAS BEEN PREVIOUSLY ADVISED FACT SHALL KNOW OF THE POSSIBILITY OF SUCH DAMAGES. NOTHING IN THIS AGREEMENT LIMITS OR EXCLUDES ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW. THE ABOVE LIMITATIONS WILL NOT LIMIT CUSTOMER’S OBLIGATION TO PAY IN ANY WAYFOREGOING.

Exclusion of Consequential Damages. EXCEPT FOR BREACHES IN A BREACH OF SECTION 2 “ACCESS; USE; OWNERSHIP; RESTRICTIONS” BY CUSTOMER, SECTION 5 “CONFIDENTIALITY” BY EITHER PARTY OR SECTION 7 “INDEMNIFICATION” 8 BY EITHER PARTY, OR CUSTOMER’S BREACH OF SECTION 2, IN NO EVENT SHALL EITHER PARTY AND/HUMIO OR ITS AFFILIATES CUSTOMER BE LIABLE TO ANYONE, WHETHER IN CONTRACT OR AN ACTION UNDER TORT, CONTRACT, WARRANTY OR OTHERWISE FOR ANY ANY: (a) SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE/EXEMPLARY DAMAGES OR LOSSES ARISING FROM OR RELATED TO A BREACH OF THIS AGREEMENT, SPECIALTHE OPERATION OR USE OF THE LICENSED SOFTWARE, EXEMPLARYOR THE SERVICES PERFORMED HEREUNDER, INCIDENTALINCLUDING, CONSEQUENTIAL WITHOUT LIMITATION, SUCH DAMAGES OR OTHER DAMAGES LOSSES ARISING FROM (i) LOSS OF ANY TYPE BUSINESS, PROFIT OR KIND REVENUES, (INCLUDING ii) LOSS OF DATA, REVENUEPROGRAMMING OR CONTENT, PROFITS, USE (iii) FAILURE TO REALIZE SAVINGS OR OTHER ECONOMIC ADVANTAGEBENEFITS, (iv) ARISING OUT OFSUBSTITUTE PROCUREMENT, OR IN (v) DAMAGE TO EQUIPMENT, INCURRED BY EITHER PARTY OR ANY WAY RELATED THE SERVICESTHIRD PARTY, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE EVEN IF A THE OTHER PARTY OR ITS AFFILIATE HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTHING IN DAMAGES OR LOSSES OR IF SUCH DAMAGES OR LOSSES ARE FORESEEABLE; OR (b) DAMAGES OR LOSSES (REGARDLESS OF THEIR NATURE) FOR ANY DELAY OR FAILURE BY A PARTY TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT LIMITS OR EXCLUDES DUE TO ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW. THE ABOVE LIMITATIONS WILL NOT LIMIT CUSTOMERCAUSE BEYOND SUCH PARTY’S OBLIGATION TO PAY IN ANY WAYREASONABLE CONTROL.

Exclusion of Consequential Damages. EXCEPT CUSTOMER AGREES THAT THE CONSIDERATION WHICH DARUMA IS RECEIVING HEREUNDER DOES NOT INCLUDE CONSIDERATION FOR BREACHES IN SECTION 2 “ACCESS; USE; OWNERSHIP; RESTRICTIONS” ASSUMPTION BY DARUMA OF THE RISK OF CUSTOMER'S SPECIAL, SECTION 5 “CONFIDENTIALITY” BY EITHER PARTY CONSEQUENTIAL, INCIDENTAL OR SECTION 7 “INDEMNIFICATION” BY EITHER PARTY, IN NO EVENT OTHER INDIRECT DAMAGES. DARUMA AND ITS SUPPLIERS SHALL EITHER PARTY AND/OR ITS AFFILIATES NOT BE LIABLE TO ANYONE, WHETHER IN CONTRACT OR TORT, FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARYCONSEQUENTIAL, INCIDENTAL, CONSEQUENTIAL INCIDENTAL OR OTHER INDIRECT DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF ANY TYPE REPLACEMENT PRODUCTS OR KIND (INCLUDING SERVICES OR LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) DAMAGE TO INFORMATION OR DATA ARISING OUT OF, OR IN ANY WAY RELATED THE SERVICES, INCLUDING BUT NOT LIMITED TO OF THE USE OR INABILITY TO USE THE SERVICE. UNDER NO CIRCUMSTANCES, OR INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL DARUMA BE LIABLE FOR ANY CONTENT OBTAINED SUCH DAMAGES RESULTING FROM OR THROUGH USE OF THE SERVICE, ANY INTERRUPTIONOR RELIANCE ON THE INFORMATION PRESENTED IN CONNECTION WITH THE SERVICE, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE EVEN IF A PARTY DARUMA OR ITS AFFILIATE HAS SUPPLIERS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTHING IN THIS AGREEMENT LIMITS CUSTOMER AGREES NOT TO ASSERT ANY SUCH CLAIM AGAINST DARUMA OR EXCLUDES ANY LIABILITY THAT CANNOT BE LIMITED ITS SUBSIDIARIES OR EXCLUDED UNDER APPLICABLE LAW. THE ABOVE LIMITATIONS WILL NOT LIMIT CUSTOMER’S OBLIGATION TO PAY IN ANY WAYAFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS OR EMPLOYEES.

Exclusion of Consequential Damages. EXCEPT FOR BREACHES IN SECTION 2 “ACCESS; USE; OWNERSHIP; RESTRICTIONS” BY AS BETWEEN PROVIDER AND CUSTOMER, SECTION 5 “CONFIDENTIALITY” BY EITHER PARTY OR SECTION 7 “INDEMNIFICATION” BY EITHER PARTYNOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, IN NO EVENT SHALL EITHER PARTY AND/PARTY, THEIR RESPECTIVE AFFILIATES OR ITS AFFILIATES ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SUBCONTRACTORS, BE LIABLE TO ANYONE, WHETHER IN CONTRACT OR UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL THEORY FOR ANY INDIRECTLOST PROFITS, LOST REVENUES, LOST BUSINESS OPPORTUNITIES, EXEMPLARY, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, INDIRECT OR CONSEQUENTIAL OR OTHER DAMAGES DAMAGES, EACH OF ANY TYPE OR KIND (INCLUDING LOSS WHICH IS HEREBY EXCLUDED BY AGREEMENT OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY RELATED THE SERVICES, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSIONPARTIES, REGARDLESS OF CAUSE EVEN IF A WHETHER SUCH DAMAGES WERE FORESEEABLE OR WHETHER ANY PARTY OR ITS AFFILIATE ANY ENTITY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTHING IN THIS AGREEMENT LIMITS OR EXCLUDES ANY LIABILITY PROVIDED, HOWEVER, THAT CANNOT UNDER SOUTH CAROLINA LAW, PROVIDER MAY BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW. LIABLE FOR THE ABOVE LIMITATIONS WILL NOT LIMIT CUSTOMERCOSTS OF CLAIMS THAT ARISE AGAINST CUSTOMER AS A RESULT OF PROVIDER’S OBLIGATION TO PAY IN ANY WAYNEGLIGENCE.

Exclusion of Consequential Damages. EXCEPT FOR BREACHES IN A BREACH OF SECTION 2 “ACCESS; USE; OWNERSHIP; RESTRICTIONS” BY CUSTOMER, SECTION 5 “CONFIDENTIALITY” BY EITHER PARTY OR SECTION 7 “INDEMNIFICATION” 11 BY EITHER PARTY, OR LICENSEE’S BREACH OF SECTION 2, IN NO EVENT SHALL EITHER PARTY AND/MATERIAL OR ITS AFFILIATES LICENSEE BE LIABLE TO ANYONE, WHETHER IN CONTRACT OR AN ACTION UNDER TORT, CONTRACT, WARRANTY OR OTHERWISE FOR ANY ANY: (a) SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE/EXEMPLARY DAMAGES OR LOSSES ARISING FROM OR RELATED TO A BREACH OF THIS AGREEMENT, SPECIALTHE OPERATION OR USE OF THE LICENSED SOFTWARE, EXEMPLARYOR THE SERVICES PERFORMED HEREUNDER, INCIDENTALINCLUDING, CONSEQUENTIAL WITHOUT LIMITATION, SUCH DAMAGES OR OTHER DAMAGES LOSSES ARISING FROM (i) LOSS OF ANY TYPE BUSINESS, PROFIT OR KIND REVENUES, (INCLUDING ii) LOSS OF DATA, REVENUEPROGRAMMING OR CONTENT, PROFITS, USE (iii) FAILURE TO REALIZE SAVINGS OR OTHER ECONOMIC ADVANTAGEBENEFITS, (iv) ARISING OUT OFSUBSTITUTE PROCUREMENT, OR IN (v) DAMAGE TO EQUIPMENT, INCURRED BY EITHER PARTY OR ANY WAY RELATED THE SERVICESTHIRD PARTY, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE EVEN IF A THE OTHER PARTY OR ITS AFFILIATE HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTHING IN DAMAGES OR LOSSES OR IF SUCH DAMAGES OR LOSSES ARE FORESEEABLE; OR (b) DAMAGES OR LOSSES (REGARDLESS OF THEIR NATURE) FOR ANY DELAY OR FAILURE BY A PARTY TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT LIMITS OR EXCLUDES DUE TO ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW. THE ABOVE LIMITATIONS WILL NOT LIMIT CUSTOMERCAUSE BEYOND SUCH PARTY’S OBLIGATION TO PAY IN ANY WAYREASONABLE CONTROL.

Exclusion of Consequential Damages. EXCEPT CUSTOMER AGREES THAT THE CONSIDERATION WHICH BM IS RECEIVING HEREUNDER DOES NOT INCLUDE CONSIDERATION FOR BREACHES IN SECTION 2 “ACCESS; USE; OWNERSHIP; RESTRICTIONS” ASSUMPTION BY BM OF THE RISK OF CUSTOMER'S SPECIAL, SECTION 5 “CONFIDENTIALITY” BY EITHER PARTY CONSEQUENTIAL, INCIDENTAL OR SECTION 7 “INDEMNIFICATION” BY EITHER PARTY, IN NO EVENT OTHER INDIRECT DAMAGES. BM AND ITS SUPPLIERS SHALL EITHER PARTY AND/OR ITS AFFILIATES NOT BE LIABLE TO ANYONE, WHETHER IN CONTRACT OR TORT, FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARYCONSEQUENTIAL, INCIDENTAL, CONSEQUENTIAL INCIDENTAL OR OTHER INDIRECT DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF ANY TYPE REPLACEMENT PRODUCTS OR KIND (INCLUDING SERVICES OR LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) DAMAGE TO INFORMATION OR DATA ARISING OUT OF, OR IN ANY WAY RELATED THE SERVICES, INCLUDING BUT NOT LIMITED TO OF THE USE OR INABILITY TO USE THE SERVICE. UNDER NO CIRCUMSTANCES, OR INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL BM BE LIABLE FOR ANY CONTENT OBTAINED SUCH DAMAGES RESULTING FROM OR THROUGH USE OF THE SERVICE, ANY INTERRUPTIONOR RELIANCE ON THE INFORMATION PRESENTED IN CONNECTION WITH THE SERVICE, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE EVEN IF A PARTY BM OR ITS AFFILIATE HAS SUPPLIERS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTHING IN THIS AGREEMENT LIMITS CUSTOMER AGREES NOT TO ASSERT ANY SUCH CLAIM AGAINST BM OR EXCLUDES ANY LIABILITY THAT CANNOT BE LIMITED ITS SUBSIDIARIES OR EXCLUDED UNDER APPLICABLE LAW. THE ABOVE LIMITATIONS WILL NOT LIMIT CUSTOMER’S OBLIGATION TO PAY IN ANY WAYAFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS OR EMPLOYEES.

Exclusion of Consequential Damages. EXCEPT FOR BREACHES IN SECTION 2 “ACCESS; USE; OWNERSHIP; RESTRICTIONS” BY CUSTOMER, SECTION 5 “CONFIDENTIALITY” BY EITHER PARTY OR SECTION 7 “INDEMNIFICATION” BY EITHER PARTY, IN NO EVENT SHALL EITHER PARTY AND/OR ITS AFFILIATES BE LIABLE TO ANYONE, WHETHER IN CONTRACT OR TORT, FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY RELATED THE SERVICES, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE EVEN IF A PARTY OR ITS AFFILIATE HAS BEEN PREVIOUSLY ADVISED ADVISE D OF THE POSSIBILITY OF SUCH DAMAGES. NOTHING IN THIS AGREEMENT LIMITS OR EXCLUDES ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW. THE ABOVE LIMITATIONS WILL NOT LIMIT CUSTOMER’S OBLIGATION TO PAY IN ANY WAY.

Exclusion of Consequential Damages. EXCEPT CUSTOMER AGREES THAT THE CONSIDERATION WHICH XXXXXX IS RECEIVING HEREUNDER DOES NOT INCLUDE CONSIDERATION FOR BREACHES IN SECTION 2 “ACCESS; USE; OWNERSHIP; RESTRICTIONS” ASSUMPTION BY DARUMA OF THE RISK OF CUSTOMER'S SPECIAL, SECTION 5 “CONFIDENTIALITY” BY EITHER PARTY CONSEQUENTIAL, INCIDENTAL OR SECTION 7 “INDEMNIFICATION” BY EITHER PARTY, IN NO EVENT OTHER INDIRECT DAMAGES. DARUMA AND ITS SUPPLIERS SHALL EITHER PARTY AND/OR ITS AFFILIATES NOT BE LIABLE TO ANYONE, WHETHER IN CONTRACT OR TORT, FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARYCONSEQUENTIAL, INCIDENTAL, CONSEQUENTIAL INCIDENTAL OR OTHER INDIRECT DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF ANY TYPE REPLACEMENT PRODUCTS OR KIND (INCLUDING SERVICES OR LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) DAMAGE TO INFORMATION OR DATA ARISING OUT OF, OR IN ANY WAY RELATED THE SERVICES, INCLUDING BUT NOT LIMITED TO OF THE USE OR INABILITY TO USE THE SERVICE. UNDER NO CIRCUMSTANCES, OR INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL DARUMA BE LIABLE FOR ANY CONTENT OBTAINED SUCH DAMAGES RESULTING FROM OR THROUGH USE OF THE SERVICE, ANY INTERRUPTIONOR RELIANCE ON THE INFORMATION PRESENTED IN CONNECTION WITH THE SERVICE, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE EVEN IF A PARTY DARUMA OR ITS AFFILIATE HAS SUPPLIERS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTHING IN THIS AGREEMENT LIMITS CUSTOMER AGREES NOT TO ASSERT ANY SUCH CLAIM AGAINST DARUMA OR EXCLUDES ANY LIABILITY THAT CANNOT BE LIMITED ITS SUBSIDIARIES OR EXCLUDED UNDER APPLICABLE LAW. THE ABOVE LIMITATIONS WILL NOT LIMIT CUSTOMER’S OBLIGATION TO PAY IN ANY WAYAFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS OR EMPLOYEES.

Exclusion of Consequential Damages. EXCEPT FOR BREACHES IN SECTION 2 “ACCESS; USE; OWNERSHIP; RESTRICTIONS” AS PROHIBITED BY CUSTOMER, SECTION 5 “CONFIDENTIALITY” BY EITHER PARTY OR SECTION 7 “INDEMNIFICATION” BY EITHER PARTYAPPLICABLE LAW, IN NO EVENT SHALL EITHER PARTY AND/OR ITS AFFILIATES CPI BE LIABLE TO ANYONE, WHETHER IN CONTRACT OR TORT, SUBSCRIBER FOR ANY SPECIAL, INDIRECT, PUNITIVE, SPECIALINCIDENTAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION FOR THE LOSS OF DATA, REVENUEBUSINESS INTERRUPTION, OR LOST PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR THAT IN ANY WAY RELATED THE SERVICES, INCLUDING BUT NOT LIMITED ARISE OUT OF OR RELATE TO THE USE OR INABILITY TO USE THE SERVICE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSIONTHIS AGREEMENT, REGARDLESS OF CAUSE EVEN IF A PARTY THE THEORY OF RELIEF, WHETHER OR ITS AFFILIATE NOT CPI HAS BEEN PREVIOUSLY ADVISED OF TO THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF ANY CLAIM OR FINDING THAT A REMEDY SUFFERS A FAILURE OF ITS ESSENTIAL PURPOSE. NOTHING IN NOTWITHSTANDING THE FOREGOING, THIS AGREEMENT LIMITS SECTION SHALL NOT APPLY WITH RESPECT TO ANY DAMAGES WHICH ARISE OUT OF OR EXCLUDES RELATE TO CPI’S INDEMNIFICATION OBLIGATIONS UNDER THIS AGREEMENT. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO (1) PERSONAL INJURY OR DEATH RESULTING FROM LICENSOR’S NEGLIGENCE; (2) FOR FRAUD; OR (3) FOR ANY OTHER MATTER FOR WHICH LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE BY LAW. THE ABOVE LIMITATIONS WILL NOT LIMIT CUSTOMER’S OBLIGATION TO PAY IN ANY WAY.

Exclusion of Consequential Damages. EXCEPT FOR BREACHES NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN SECTION 2 “ACCESS; USE; OWNERSHIP; RESTRICTIONS” BY CUSTOMERTHIS LEASE, SECTION 5 “CONFIDENTIALITY” BY EITHER PARTY OR SECTION 7 “INDEMNIFICATION” BY EITHER PARTYLESSOR SHALL NOT, IN NO EVENT SHALL EITHER PARTY AND/OR ITS AFFILIATES UNDER ANY CIRCUMSTANCES, BE LIABLE TO ANYONELESSEE OR ANY THIRD PARTY, FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THE TRANSACTION CONTEMPLATED HEREUNDER, WHETHER IN CONTRACT OR TORTACTION BASED ON CONTRACT, FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND TORT (INCLUDING LOSS OF DATANEGLIGENCE OR STRICT LIABILITY) OR ANY OTHER LEGAL THEORY, REVENUEINCLUDING, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY RELATED THE SERVICES, INCLUDING BUT NOT LIMITED TO THE TO, LOSS OF ANTICIPATED PROFITS, OR BENEFITS OF USE OR INABILITY TO USE THE SERVICELOSS OF BUSINESS, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE EVEN IF A PARTY OR ITS AFFILIATE HAS BEEN PREVIOUSLY ADVISED LESSOR IS APPRISED OF THE POSSIBILITY LIKELIHOOD OF SUCH DAMAGESDAMAGES OCCURRING. NOTHING IN IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT EACH AND EVERY PROVISION OF THIS AGREEMENT LIMITS WHICH PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES OR EXCLUDES EXCLUSION OF DAMAGES, IS INTENDED BY THE PARTIES TO BE SEVERABLE FROM ANY LIABILITY THAT CANNOT OTHER PROVISION AND IS A SEPARABLE AND INDEPENDENT ELEMENT OF RISK ALLOCATION AND IS INTENDED TO BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW. THE ABOVE LIMITATIONS WILL NOT LIMIT CUSTOMER’S OBLIGATION TO PAY IN ANY WAYENFORCED AS SUCH.

Exclusion of Consequential Damages. EXCEPT FOR BREACHES IN SECTION 2 “ACCESS; USE; OWNERSHIP; RESTRICTIONS” BY CUSTOMER, SECTION 5 “CONFIDENTIALITY” BY EITHER NEITHER PARTY OR SECTION 7 “INDEMNIFICATION” BY EITHER PARTY, IN NO EVENT SHALL EITHER PARTY AND/OR ITS AFFILIATES BE LIABLE TO ANYONE, WHETHER IN CONTRACT THE OTHER PARTY UNDER ANY PROVISION OF THIS AGREEMENT FOR LOST PROFITS OR TORT, FOR ANY INDIRECTOTHER BUSINESS INTERRUPTION DAMAGES, PUNITIVE, SPECIALEXEMPLARY, EXEMPLARYCONSEQUENTIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER INDIRECT DAMAGES IN TORT, CONTRACT OR OTHERWISE, OF ANY TYPE OR KIND (INCLUDING LOSS OF DATAKIND, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OF OR IN ANY WAY RELATED CONNECTED WITH THE SERVICESPERFORMANCE, THE SUSPENSION OF PERFORMANCE, THE FAILURE TO PERFORM OR THE TERMINATION OF THIS AGREEMENT, UNLESS SUCH CONSEQUENTIAL DAMAGES ARISE FROM (i) THE OTHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT THAT ARE PAYABLE TO A THIRD PARTY, OR (ii) THE OTHER PARTY’S BREACH OF SECTION 9.4; PROVIDED, HOWEVER, THAT THE AMOUNTS SELLER EXPECTS TO RECEIVE, OR HAS RECEIVED, UNDER THIS AGREEMENT, INCLUDING BUT ANY TERMINATION PAYMENT, SHALL NOT LIMITED BE DEEMED TO THE USE BE CONSEQUENTIAL DAMAGES OR INABILITY TO USE THE SERVICE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OTHER TYPE OF CAUSE EVEN IF A PARTY OR ITS AFFILIATE HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTHING IN DAMAGE WAIVED UNDER THIS AGREEMENT LIMITS OR EXCLUDES ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW. THE ABOVE LIMITATIONS WILL NOT LIMIT CUSTOMER’S OBLIGATION TO PAY IN ANY WAYSECTION 8.3.

Exclusion of Consequential Damages. EXCEPT FOR BREACHES IN SECTION 2 “ACCESS; USE; OWNERSHIP; RESTRICTIONS” BY CUSTOMER, SECTION 5 “CONFIDENTIALITY” BY EITHER PARTY OR SECTION 7 “INDEMNIFICATION” BY EITHER PARTY, IN NO EVENT SHALL EITHER PARTY AND/OR ITS AFFILIATES BE LIABLE TO ANYONE, WHETHER IN CONTRACT OR TORT, FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY RELATED THE SERVICES, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE EVEN IF A PARTY OR ITS AFFILIATE HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTHING IN THIS AGREEMENT LIMITS OR EXCLUDES ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW. THE ABOVE LIMITATIONS WILL NOT LIMIT CUSTOMER’S OBLIGATION TO PAY IN ANY WAY. 8.3. AXWAY’S LIABILITY FOR DEATH AND PERSONAL INJURY CAUSED BY ITS NEGLIGENCE AND ANY BREACH OF ITS OBLIGATIONS IMPLIED BY SECTION 12 OF THE SALE OF GOODS XXX 0000 OR SECTION 2 OF THE SUPPLY OF GOODS AND SERVICES XXX 0000 WILL BE UNLIMITED.

Exclusion of Consequential Damages. EXCEPT FOR BREACHES NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN SECTION 2 “ACCESS; USE; OWNERSHIP; RESTRICTIONS” BY CUSTOMERTHIS LEASE, SECTION 5 “CONFIDENTIALITY” BY EITHER PARTY OR SECTION 7 “INDEMNIFICATION” BY EITHER PARTYLESSOR SHALL NOT, IN NO EVENT SHALL EITHER PARTY AND/OR ITS AFFILIATES UNDER ANY CIRCUMSTANCES, BE LIABLE TO ANYONELESSEE OR ANY THIRD PARTY, FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THE TRANSACTION CONTEMPLATED HEREUNDER, WHETHER IN CONTRACT AN ACTION BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE OR TORTSTRICT LIABILITY) OR ANY OTHER LEGAL THEORY, FOR ANY INDIRECTINCLUDING, PUNITIVEBUT NOT LIMITED TO, SPECIALLOSS OF ANTICIPATED PROFITS, EXEMPLARYOR BENEFITS OF USE OR LOSS OF BUSINESS, REGARDLESS OF WHETHER SUCH LOSSES ARE CONSTRUED TO BE CONSEQUENTIAL, INCIDENTAL, CONSEQUENTIAL SPECIAL OR EXEMPLARY DAMAGES, AND EVEN IF LESSOR IS APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING. IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT EACH AND EVERY PROVISION OF THIS AGREEMENT WHICH PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES, IS INTENDED BY THE PARTIES TO BE SEVERABLE FROM ANY OTHER DAMAGES PROVISION AND IS A SEPARABLE AND INDEPENDENT ELEMENT OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY RELATED RISK ALLOCATION AND IS INTENDED TO BE ENFORCED AS SUCH. THE SERVICES, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSIONPARTIES ALSO AGREE THAT, REGARDLESS OF CAUSE EVEN IF A PARTY THE FAILURE OF ANY SOLE OR ITS AFFILIATE HAS BEEN PREVIOUSLY ADVISED EXCLUSIVE REMEDY APPLICABLE TO THE EQUIPMENT, LESSEE WILL NOT BE ENTITLED TO ANY CONSEQUENTIAL DAMAGES OF THE POSSIBILITY OF SUCH DAMAGES. NOTHING IN THIS AGREEMENT LIMITS WHATSOEVER KIND OR EXCLUDES ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAWNATURE. THE ABOVE LIMITATIONS WILL NOT LIMIT CUSTOMER’S OBLIGATION PARTIES INTEND THE EXCLUSION OF CONSEQUENTIAL DAMAGES AS AN INDEPENDENT AGREEMENT APART FROM ANY SOLE AND EXCLUSIVE REMEDY APPLICABLE TO PAY IN ANY WAYTHE EQUIPMENT.

Exclusion of Consequential Damages. EXCEPT FOR BREACHES NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN SECTION 2 “ACCESS; USE; OWNERSHIP; RESTRICTIONS” BY CUSTOMERTHIS LEASE, SECTION 5 “CONFIDENTIALITY” BY EITHER PARTY OR SECTION 7 “INDEMNIFICATION” BY EITHER PARTYOWNER SHALL NOT, IN NO EVENT SHALL EITHER PARTY AND/OR ITS AFFILIATES UNDER ANY CIRCUMSTANCES, BE LIABLE TO ANYONERECIPIENT OR ANY THIRD PARTY, FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THE TRANSACTION CONTEMPLATED HEREUNDER, WHETHER IN CONTRACT AN ACTION BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE OR TORTSTRICT LIABILITY) OR ANY OTHER LEGAL THEORY, FOR ANY INDIRECTINCLUDING, PUNITIVEBUT NOT LIMITED TO, SPECIALLOSS OF ANTICIPATED PROFITS, EXEMPLARYOR BENEFITS OF USE OR LOSS OF BUSINESS, REGARDLESS OF WHETHER SUCH LOSSES ARE CONSTRUED TO BE CONSEQUENTIAL, INCIDENTAL, CONSEQUENTIAL SPECIAL OR EXEMPLARY DAMAGES, AND EVEN IF OWNER IS APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING. IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT EACH AND EVERY PROVISION OF THIS AGREEMENT WHICH PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES, IS INTENDED BY THE PARTIES TO BE SEVERABLE FROM ANY OTHER DAMAGES PROVISION AND IS A SEPARABLE AND INDEPENDENT ELEMENT OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY RELATED RISK ALLOCATION AND IS INTENDED TO BE ENFORCED AS SUCH. THE SERVICES, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSIONPARTIES ALSO AGREE THAT, REGARDLESS OF CAUSE EVEN IF A PARTY THE FAILURE OF ANY SOLE OR ITS AFFILIATE HAS BEEN PREVIOUSLY ADVISED EXCLUSIVE REMEDY APPLICABLE TO THE EQUIPMENT, RECIPIENT WILL NOT BE ENTITLED TO ANY CONSEQUENTIAL DAMAGES OF THE POSSIBILITY OF SUCH DAMAGES. NOTHING IN THIS AGREEMENT LIMITS WHATSOEVER KIND OR EXCLUDES ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAWNATURE. THE ABOVE LIMITATIONS WILL NOT LIMIT CUSTOMER’S OBLIGATION PARTIES INTEND THE EXCLUSION OF CONSEQUENTIAL DAMAGES AS AN INDEPENDENT AGREEMENT APART FROM ANY SOLE AND EXCLUSIVE REMEDY APPLICABLE TO PAY IN ANY WAYTHE EQUIPMENT.

Exclusion of Consequential Damages. EXCEPT FOR BREACHES NOTWITHSTANDING ANY OTHER PROVISION IN SECTION 2 “ACCESS; USE; OWNERSHIP; RESTRICTIONS” BY CUSTOMERTHE PRINCIPAL AGREEMENT, SECTION 5 “CONFIDENTIALITY” BY EITHER PARTY CONTRACTOR AGREES THAT, IN THE EVENT IT MAKES OR SECTION 7 “INDEMNIFICATION” BY EITHER PARTYASSERTS ANY CLAIM, DEMAND OR ACTION OF ANY TYPE AGAINST THE BOARD ARISING FROM ITS ALLEGED BREACH OF THAT AGREEMENT OR ITS FAILURE TO PERFORM ITS OBLIGATIONS THEREUNDER, THE MAXIMUM AMOUNT THAT THE CONTRACTOR MAY RECOVER FROM THE BOARD AS DAMAGES IN ANY SUCH ACTION IS LIMITED TO THE CONTRACTOR‘S ACTUAL, DIRECT DAMAGES ARISING FROM THE BOARD’S BREACH. CONTRACTOR AGREES AND ACKNOWLEDGES THAT THE TERMS IN THIS PROVISION WERE PROPOSED AND BASED ON THE ASSUMPTION THAT THIS SPECIFIC LIMITATION IS APPLICABLE, AND THAT BOARD WOULD NOT HAVE ENTERED INTO THIS AGREEMENT WITHOUT THE INCLUSION OF THIS LIMITATION. IN NO EVENT SHALL EITHER PARTY AND/OR ITS AFFILIATES WILL THE BOARD BE LIABLE TO ANYONE, WHETHER IN CONTRACT OR TORT, CONTRACTOR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL RELIANCE OR OTHER SPECIAL DAMAGES OF ANY TYPE OR KIND (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, LOST ADVANTAGE, LOST OPPORTUNITY, LOSS OF DATA, REVENUE, PROFITS, USE SAVINGS OR OTHER ECONOMIC ADVANTAGEREVENUES OR FOR INCREASED COST OF OPERATIONS) ARISING OUT OF, FROM ANY BREACH OR IN ANY WAY RELATED THE SERVICES, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS ALLEGED BREACH OF CAUSE EVEN IF A PARTY OR ITS AFFILIATE HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTHING IN THIS AGREEMENT LIMITS OR EXCLUDES ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW. THE ABOVE LIMITATIONS WILL NOT LIMIT CUSTOMER’S OBLIGATION TO PAY IN ANY WAYBY BOARD.