Common use of Exclusion of Damages Clause in Contracts

Exclusion of Damages. TO THE EXTENT PERMITTED BY LAW, NEITHER POWERSTACKS NOR CUSTOMER SHALL BE LIABLE TO THE OTHER OR ANY THIRD PARTY FOR LOST PROFITS (WHETHER DIRECT OR INDIRECT) OR LOSS OF USE OR DATA, COVER, SUBSTITUTE GOODS OR SERVICES, OR FOR INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING DAMAGE TO BUSINESS, REPUTATION OR GOODWILL), OR INDIRECT DAMAGES OF ANY TYPE HOWEVER CAUSED, WHETHER BY BREACH OF WARRANTY, BREACH OF CONTRACT, IN TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE CAUSE OF ACTION EVEN IF SUCH PARTY HAS BEEN ADVISED OF SUCH DAMAGES IN ADVANCE OR IF SUCH DAMAGES WERE FORESEEABLE. THE FOREGOING EXCLUSIONS SHALL NOT APPLY TO: (1) PAYMENTS TO A THIRD PARTY ARISING FROM A PARTY’S OBLIGATIONS UNDER SECTION 7 (INDEMNIFICATION); AND (2) INFRINGEMENT BY A PARTY OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS.

Exclusion of Damages. TO THE EXTENT PERMITTED BY LAW, NEITHER POWERSTACKS SERVICENOW NOR CUSTOMER SHALL BE LIABLE TO THE OTHER OR ANY THIRD PARTY FOR LOST PROFITS (WHETHER DIRECT OR INDIRECT) OR LOSS OF USE OR DATA, COVER, COSTS OF SUBSTITUTE GOODS OR SERVICESGOODS, OR FOR INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING DAMAGE TO BUSINESS, REPUTATION OR GOODWILL), OR INDIRECT DAMAGES OF ANY TYPE HOWEVER CAUSED, WHETHER BY BREACH OF WARRANTY, BREACH OF CONTRACT, IN TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE CAUSE OF ACTION EVEN IF SUCH PARTY HAS BEEN ADVISED OF SUCH DAMAGES IN ADVANCE OR IF SUCH DAMAGES WERE FORESEEABLE. THE FOREGOING EXCLUSIONS SHALL NOT APPLY TO: (1) PAYMENTS TO A THIRD PARTY ARISING FROM A PARTY’S OBLIGATIONS UNDER SECTION 7 (INDEMNIFICATION)BODILY INJURY OR DEATH; AND (2) INFRINGEMENT BY A PARTY OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS.

Exclusion of Damages. IN NO EVENT WILL EITHER PARTY OR ITS AFFILIATES HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO THE EXTENT PERMITTED BY LAW, NEITHER POWERSTACKS NOR CUSTOMER SHALL BE LIABLE TO THE OTHER THIS AGREEMENT FOR ANY: (A) LOST PROFITS; (B) LOST OR ANY THIRD PARTY FOR LOST PROFITS ANTICIPATED REVENUES; (WHETHER DIRECT OR INDIRECTC) OR LOSS OF USE GOODWILL; (D) LOSS OF USE; (E) LOST DATA; (F), ANY COSTS AND EXPENSES FROM OR DATAIN CONNECTION WITH REPLACEMENT SERVICES; (G) BUSINESS INTERRUPTION; OR (H) ANY INDIRECT, COVERSPECIAL, SUBSTITUTE GOODS OR SERVICES, OR FOR INCIDENTAL, CONSEQUENTIAL, PUNITIVEOR PUNITIVE DAMAGES, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING DAMAGE TO BUSINESS, REPUTATION OR GOODWILL), OR INDIRECT DAMAGES OF ANY TYPE HOWEVER CAUSED, WHETHER BY BREACH OF WARRANTY, BREACH OF CONTRACT, IN TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL INTANGIBLE LOSSES, HOWSOEVER ARISING, WHETHER AN ACTION IS IN CONTRACT OR EQUITABLE CAUSE TORT AND REGARDLESS OF ACTION THE THEORY OF LIABILITY, EVEN IF SUCH A PARTY HAS OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE OR IF SUCH DAMAGES WERE FORESEEABLEA PARTY’S OR ITS AFFILIATES’ REMEDY OTHERWISE FAILS OF ITS ESSENTIAL PURPOSE. THE FOREGOING EXCLUSIONS SHALL DISCLAIMER WILL NOT APPLY TO: (1) PAYMENTS TO A THIRD PARTY ARISING FROM A PARTY’S OBLIGATIONS UNDER SECTION 7 (INDEMNIFICATION); AND (2) INFRINGEMENT THE EXTENT PROHIBITED BY A PARTY OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTSLAW.

Exclusion of Damages. TO THE EXTENT PERMITTED BY LAWEXCEPT AS OTHERWISE PROVIDED IN SECTION 10.3, NEITHER POWERSTACKS NOR CUSTOMER SHALL IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, LOSS OF PROFITS, BUSINESS, BUSINESS OPPORTUNITIES, REPUTATION, TURNOVER OR REVENUE, LOSS OF ANTICIPATED SAVINGS OR WASTED EXPENDITURE (INCLUDING MANAGEMENT TIME), LOSS OR LIABILITY UNDER OR IN RELATION TO THE ANY OTHER CONTRACT, OR ANY THIRD PARTY FOR LOST PROFITS (LOSS OF GOODWILL, IN EACH CASE WHETHER DIRECT OR INDIRECT) OR LOSS OF USE OR DATA, COVER, SUBSTITUTE GOODS OR SERVICES, OR FOR INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING DAMAGE TO BUSINESS, REPUTATION OR GOODWILL), OR INDIRECT DAMAGES OF ANY TYPE HOWEVER CAUSED, WHETHER BY BREACH UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, BREACH OF CONTRACTNEGLIGENCE OR OTHERWISE, IN TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE CAUSE OF ACTION EVEN IF SUCH PARTY HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES. IN ADVANCE OR IF SUCH DAMAGES WERE FORESEEABLE. THE FOREGOING EXCLUSIONS SHALL AN EVENT, THIS LIMITATION WILL NOT APPLY TO: (1) PAYMENTS TO A THIRD PARTY ARISING FROM A PARTY’S OBLIGATIONS UNDER SECTION 7 (INDEMNIFICATION); AND (2) INFRINGEMENT THE EXTENT PROHIBITED BY A PARTY OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS.LAW.‌

Exclusion of Damages. TO THE EXTENT PERMITTED BY LAWCUSTOMER EXPRESSLY UNDERSTANDS AND AGREES THAT MIRANTIS, NEITHER POWERSTACKS NOR CUSTOMER ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO THE OTHER CUSTOMER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES INCURRED BY CUSTOMER, HOWEVER CAUSED AND UNDER ANY THIRD PARTY FOR LOST PROFITS THEORY OF LIABILITY, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF PROFIT (WHETHER DIRECT INCURRED DIRECTLY OR INDIRECT) OR INDIRECTLY), ANY LOSS OF USE GOODWILL OR DATABUSINESS REPUTATION, COVERANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OTHER INTANGIBLE LOSS. THE FOREGOING LIMITATIONS ON MIRANTIS' LIABILITY SHALL APPLY WHETHER OR EXEMPLARY DAMAGES (INCLUDING DAMAGE TO BUSINESS, REPUTATION OR GOODWILL), OR INDIRECT DAMAGES OF ANY TYPE HOWEVER CAUSED, WHETHER BY BREACH OF WARRANTY, BREACH OF CONTRACT, IN TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE CAUSE OF ACTION EVEN IF SUCH PARTY NOT MIRANTIS HAS BEEN ADVISED OF SUCH DAMAGES IN ADVANCE OR IF SUCH DAMAGES WERE FORESEEABLE. THE FOREGOING EXCLUSIONS SHALL NOT APPLY TO: (1) PAYMENTS TO A THIRD PARTY ARISING FROM A PARTY’S OBLIGATIONS UNDER SECTION 7 (INDEMNIFICATION); AND (2) INFRINGEMENT BY A PARTY SHOULD HAVE BEEN AWARE OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS.POSSIBILITY OF ANY SUCH LOSSES ARISING. NOTWITHSTANDING THE FOREGOING,

Exclusion of Damages. TO THE EXTENT PERMITTED BY LAW, NEITHER POWERSTACKS NOR CUSTOMER PARTY SHALL BE LIABLE TO THE OTHER OR PARTY UNDER THIS AGREEMENT FOR ANY THIRD PARTY FOR LOST PROFITS (WHETHER DIRECT OR INDIRECT) OR LOSS OF USE OR DATA, COVER, SUBSTITUTE GOODS OR SERVICES, OR FOR INCIDENTAL, CONSEQUENTIALSPECIAL, PUNITIVE, SPECIAL INCIDENTAL OR EXEMPLARY CONSEQUENTIAL DAMAGES (INCLUDING DAMAGE TO BUSINESS, REPUTATION OR GOODWILL), OR INDIRECT DAMAGES OF ANY TYPE HOWEVER CAUSED, WHETHER BY BREACH OF WARRANTY, BREACH OF IN AN ACTION IN CONTRACT, IN TORT (INCLUDING NEGLIGENCE) TORT, PRODUCT LIABILITY, STATUTE, EQUITY OR ANY OTHER LEGAL OTHERWISE, AND WHETHER OR EQUITABLE CAUSE OF ACTION EVEN IF SUCH PARTY HAS BEEN ADVISED OF SUCH DAMAGES IN ADVANCE OR IF NOT SUCH DAMAGES WERE FORESEEABLE. THE FOREGOING EXCLUSIONS LIMITATION OF LIABILITY SHALL NOT APPLY TO: , AFFECT, OR LIMIT (1A) PAYMENTS TO A THIRD PARTY ARISING FROM DAMAGES CAUSED BY A PARTY’S BREACH OF ITS CONFIDENTIALITY OBLIGATIONS UNDER SECTION 7 THIS AGREEMENT; (INDEMNIFICATION)B) DAMAGES AND AMOUNTS PAYABLE PURSUANT TO (I) NUWELLIS’ INDEMNIFICATION OBLIGATIONS UNDER THIS AGREEMENT FOR ANY THIRD PARTY CLAIM AND/OR (II) ANY INSURANCE OBLIGATIONS UNDER THIS AGREEMENT; AND OR (2C) INFRINGEMENT BY A PARTY OF THE OTHER DAMAGES ARISING FROM EITHER PARTY’S INTELLECTUAL PROPERTY RIGHTSGROSS NEGLIGENCE, WILLFUL MISCONDUCT, FRAUD OR FAILURE TO COMPLY WITH APPLICABLE LAWS. THIS LIMITATION OF LIABILITY SHALL APPLY EVEN IF THE LIMITED REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE.

Exclusion of Damages. TO THE EXTENT PERMITTED BY LAW, NEITHER POWERSTACKS SERVICELY NOR CUSTOMER SHALL BE LIABLE TO THE OTHER OR ANY THIRD PARTY FOR LOST PROFITS (WHETHER DIRECT OR INDIRECT) OR LOSS OF USE OR DATA, COVER, SUBSTITUTE GOODS OR SERVICES, OR FOR INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING DAMAGE TO BUSINESS, REPUTATION OR GOODWILL), OR INDIRECT DAMAGES OF ANY TYPE HOWEVER CAUSED, WHETHER BY BREACH OF WARRANTY, BREACH OF CONTRACT, IN TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE CAUSE OF ACTION EVEN IF SUCH PARTY HAS BEEN ADVISED OF SUCH DAMAGES IN ADVANCE OR IF SUCH DAMAGES WERE FORESEEABLE. THE FOREGOING EXCLUSIONS SHALL NOT APPLY TO: (1) PAYMENTS TO A THIRD PARTY ARISING FROM A PARTY’S OBLIGATIONS UNDER SECTION 7 8 (INDEMNIFICATION); AND (2) INFRINGEMENT BY A PARTY OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS.

Exclusion of Damages. TO THE EXTENT PERMITTED BY LAW, NEITHER POWERSTACKS SERVICENOW NOR CUSTOMER SHALL BE LIABLE TO THE OTHER OR ANY THIRD PARTY FOR LOST PROFITS (WHETHER DIRECT OR INDIRECT) OR LOSS OF USE OR DATA, COVER, SUBSTITUTE GOODS OR SERVICES, OR FOR INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING DAMAGE TO BUSINESS, REPUTATION OR GOODWILL), OR INDIRECT DAMAGES OF ANY TYPE HOWEVER CAUSED, WHETHER BY BREACH OF WARRANTY, BREACH OF CONTRACT, IN TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE CAUSE OF ACTION EVEN IF SUCH PARTY HAS BEEN ADVISED OF SUCH DAMAGES IN ADVANCE OR IF SUCH DAMAGES WERE FORESEEABLE. THE FOREGOING EXCLUSIONS SHALL NOT APPLY TO: (1) PAYMENTS TO A THIRD PARTY ARISING FROM A PARTY’S OBLIGATIONS UNDER SECTION 7 (INDEMNIFICATION); AND (2) INFRINGEMENT BY A PARTY OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS.

Exclusion of Damages. TO CONFIDENTIAL TREATMENT REQUESTED. CONFIDENTIAL PORTION HAS BEEN FILED WITH THE EXTENT PERMITTED BY LAWSECURITIES AND EXCHANGE COMMISSION. EXCEPT AS SET FORTH IN THE IMMEDIATELY FOLLOWING SENTENCE, NEITHER POWERSTACKS NOR CUSTOMER PARTY SHALL BE LIABLE TO THE OTHER OR ANY THIRD PARTY FOR LOST PROFITS (WHETHER DIRECT OR INDIRECT) OR LOSS OF USE OR DATAPARTY, COVERITS AGENTS, SUBSTITUTE GOODS OR SERVICESAFFILIATES, OR FOR INCIDENTALCUSTOMERS, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING DAMAGE TO BUSINESS, REPUTATION OR GOODWILL), OR INDIRECT DAMAGES OF ANY TYPE HOWEVER CAUSED, WHETHER BY BREACH OF WARRANTY, BREACH OF CONTRACT, IN TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL PERSONS, FOR ANY LOST PROFITS, INCIDENTAL, INDIRECT, OR EQUITABLE CAUSE CONSEQUENTIAL DAMAGES, ARISING OUT OF ACTION EVEN IF SUCH THE BREACH OF THIS AGREEMENT. NOTWITHSTANDING THE IMMEDIATELY PRECEDING SENTENCE, A PARTY HAS BEEN ADVISED OF SUCH SHALL BE LIABLE TO THE OTHER PARTY FOR ALL DAMAGES, INCLUDING INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES TO THE EXTENT SUFFERED OR INCURRED BY THE OTHER PARTY IN ADVANCE OR IF SUCH DAMAGES WERE FORESEEABLE. THE FOREGOING EXCLUSIONS SHALL NOT APPLY TOFOLLOWING CIRCUMSTANCES: (1i) PAYMENTS TO A THIRD PARTY ARISING FROM A PARTY’S OBLIGATIONS UNDER SECTION 7 (INDEMNIFICATION); AND (2) INFRINGEMENT BY A PARTY THE MISAPPROPRIATION OF TRADE SECRETS OF THE OTHER DAMAGED PARTY BY THE LIABLE PARTY’S INTELLECTUAL PROPERTY RIGHTS, OR ITS AGENTS; (ii) THE WILLFUL MISCONDUCT OR MATERIAL BREACH OF THIS AGREEMENT IN BAD FAITH BY THE LIABLE PARTY, OR ITS AGENTS; OR (iii) THE BREACH OF SECTIONS 6 AND/OR 9 HEREOF.

Exclusion of Damages. TO THE EXTENT PERMITTED BY LAWNOTWTHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, NEITHER POWERSTACKS NOR CUSTOMER IN NO EVENT SHALL MHRC OR MHRC’S REPRESENTATIVES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL LOSSES OR DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUES OR PROFITS, LOSS OF BUSINESS, LOSS OF GOODWILL, LOSS OF OR DAMAGE TO THE OTHER DATA, LOSS OF PRODUCTION, OR ANY OTHER COMMERCIAL OR ECONOMIC LOSS) THAT LICENSEE OR ANY PARTY CLAIMING THROUGH LICENSEE MAY SUFFER OR INCUR IN CONNECTION WITH THE SOFTWARE, INCLUDING THIRD PARTY FOR LOST PROFITS (WHETHER DIRECT OR INDIRECT) OR LOSS OF USE OR DATA, COVER, SUBSTITUTE GOODS OR SERVICESSOFTWARE, OR FOR INCIDENTALTHIS AGREEMENT WHETHER OR NOT SUCH LOSS OR DAMAGE IS BASED IN CONTRACT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES TORT (INCLUDING DAMAGE TO BUSINESS, REPUTATION OR GOODWILLWITHOUT LIMITATION NEGLIGENCE), OR INDIRECT DAMAGES OF ANY TYPE HOWEVER CAUSED, WHETHER BY BREACH OF WARRANTY, BREACH OF CONTRACTSTATUTORY OR STRICT LIABILITY, IN TORT (INCLUDING NEGLIGENCE) EQUITY OR ANY OTHER LEGAL OR EQUITABLE CAUSE OF ACTION OTHERWISE, EVEN IF SUCH PARTY HAS MHRC OR MHRC’S REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE OR IF SUCH DAMAGES WERE FORESEEABLE. THE FOREGOING EXCLUSIONS SHALL NOT APPLY TO: (1) PAYMENTS TO A THIRD PARTY ARISING FROM A PARTY’S OBLIGATIONS UNDER SECTION 7 (INDEMNIFICATION); AND (2) INFRINGEMENT BY A PARTY OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTSDAMAGES.

Exclusion of Damages. TO THE EXTENT PERMITTED BY LAW, NEITHER POWERSTACKS CDIMS NOR CUSTOMER SHALL BE LIABLE TO THE OTHER OR ANY THIRD PARTY FOR LOST PROFITS (WHETHER DIRECT OR INDIRECT) OR LOSS OF USE OR DATA, COVER, SUBSTITUTE GOODS OR SERVICES, OR FOR INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING DAMAGE TO BUSINESS, REPUTATION OR GOODWILL), OR INDIRECT DAMAGES OF ANY TYPE HOWEVER CAUSED, WHETHER BY BREACH OF WARRANTY, BREACH OF CONTRACT, IN TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE CAUSE OF ACTION EVEN IF SUCH PARTY HAS BEEN ADVISED OF SUCH DAMAGES IN ADVANCE OR IF SUCH DAMAGES WERE FORESEEABLE. THE FOREGOING EXCLUSIONS SHALL NOT APPLY TO: (1) PAYMENTS TO A THIRD PARTY ARISING FROM A PARTY’S OBLIGATIONS UNDER SECTION 7 (INDEMNIFICATION); AND (2) INFRINGEMENT BY A PARTY OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS.

Exclusion of Damages. TO THE EXTENT PERMITTED BY LAWEXCEPT AS REQUIRED UNDER SECTION 11.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT DOCKER, NEITHER POWERSTACKS NOR CUSTOMER ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO THE OTHER YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THIRD PARTY FOR LOST PROFITS THEORY OF LIABILITY, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF PROFIT (WHETHER DIRECT INCURRED DIRECTLY OR INDIRECT) OR INDIRECTLY), ANY LOSS OF USE GOODWILL OR DATABUSINESS REPUTATION, COVERANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OTHER INTANGIBLE LOSS. THE FOREGOING LIMITATIONS ON DOCKER'S LIABILITY SHALL APPLY WHETHER OR EXEMPLARY DAMAGES (INCLUDING DAMAGE TO BUSINESS, REPUTATION OR GOODWILL), OR INDIRECT DAMAGES OF ANY TYPE HOWEVER CAUSED, WHETHER BY BREACH OF WARRANTY, BREACH OF CONTRACT, IN TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE CAUSE OF ACTION EVEN IF SUCH PARTY NOT DOCKER HAS BEEN ADVISED OF SUCH DAMAGES IN ADVANCE OR IF SUCH DAMAGES WERE FORESEEABLE. THE FOREGOING EXCLUSIONS SHALL NOT APPLY TO: (1) PAYMENTS TO A THIRD PARTY ARISING FROM A PARTY’S OBLIGATIONS UNDER SECTION 7 (INDEMNIFICATION); AND (2) INFRINGEMENT BY A PARTY SHOULD HAVE BEEN AWARE OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTSPOSSIBILITY OF ANY SUCH LOSSES ARISING. NOTWITHSTANDING THE FOREGOING, NOTHING HEREIN SHALL EXCLUDE OR LIMIT DOCKER'S LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.

Exclusion of Damages. EXCEPT WITH RESPECT TO THE EXTENT PERMITTED BY LAWCUSTOMER’S PAYMENT OBLIGATIONS AND CUSTOMER’S INFRINGEMENT OF WORKDAY INTELLECTUAL PROPERTY RIGHTS, NEITHER POWERSTACKS NOR CUSTOMER IN NO EVENT SHALL BE LIABLE EITHER PARTY HAVE ANY LIABILITY TO THE OTHER OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, OR FOR ANY LOST PROFITS (WHETHER DIRECT OR INDIRECT) OR PROFITS, LOSS OF USE DATA OR DATAUSE, COVER, COST OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER IN CONTRACT, TORT OR FOR INCIDENTALOTHERWISE, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING DAMAGE TO BUSINESS, REPUTATION OR GOODWILL)ARISING OUT OF, OR INDIRECT DAMAGES OF IN ANY TYPE HOWEVER CAUSEDWAY CONNECTED WITH THE PROFESSIONAL SERVICES, WHETHER BY BREACH OF WARRANTY, BREACH OF CONTRACT, IN TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE CAUSE OF ACTION EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR SUCH PARTY HAS PARTY’S LICENSORS OR CONTRACTORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. IN THE CASE OF THE INDEMNIFICATION OBLIGATIONS IN SECTION 7, AMOUNTS TO BE PAID BY EITHER PARTY PURSUANT TO COURT AWARD OR SETTLEMENT AS WELL AS THE DEFENSE COSTS NO MATTER HOW SUCH DAMAGES IN ADVANCE OR IF SUCH DAMAGES WERE FORESEEABLE. THE FOREGOING EXCLUSIONS SHALL NOT APPLY TO: (1) PAYMENTS TO A THIRD PARTY ARISING FROM A PARTY’S OBLIGATIONS UNDER SECTION 7 (INDEMNIFICATION); AND (2) INFRINGEMENT BY A PARTY OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTSMIGHT BE CHARACTERIZED WILL BE CONSIDERED DIRECT DAMAGES.

Exclusion of Damages. TO THE EXTENT PERMITTED BY LAW, NEITHER POWERSTACKS FATSTACKS NOR CUSTOMER SHALL BE LIABLE TO THE OTHER OR ANY THIRD PARTY FOR LOST PROFITS (WHETHER DIRECT OR INDIRECT) OR LOSS OF USE OR DATA, COVER, SUBSTITUTE GOODS OR SERVICES, OR FOR INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING DAMAGE TO BUSINESS, REPUTATION OR GOODWILL), OR INDIRECT DAMAGES OF ANY TYPE HOWEVER CAUSED, WHETHER BY BREACH OF WARRANTY, BREACH OF CONTRACT, IN TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE CAUSE OF ACTION EVEN IF SUCH PARTY HAS BEEN ADVISED OF SUCH DAMAGES IN ADVANCE OR IF SUCH DAMAGES WERE FORESEEABLE. THE FOREGOING EXCLUSIONS SHALL NOT APPLY TO: (1) PAYMENTS TO A THIRD PARTY ARISING FROM A PARTY’S OBLIGATIONS UNDER SECTION 7 (INDEMNIFICATION); AND (2) INFRINGEMENT BY A PARTY OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS.