Common use of EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES Clause in Contracts

EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CAROSH OR ITS AGENTS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER DATA OR INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, OR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE ™ or ®, THE PROVISION OF OR FAILURE TO PROVIDE HIPAA Suite®, OR OTHERWISE ARISING OUT OF THE USE OF HIPAA Suite®, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF CAROSH OR ANY AGENT OR SUPPLIER, AND EVEN IF CAROSH OR ANY AGENT OR SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CAROSH RAW OR ITS AGENTS SUBSIDIARIES (WHETHER OR SUPPLIERS NOT WHOLLY OWNED), AFFILIATES, DIVISIONS, AND THEIR PAST, PRESENT AND FUTURE OFFICERS, DIRECTORS, SHAREHOLDERS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS (“CTRL AFFILIATES”), JOINTLY AND INDIVIDUALLY BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, INDIRECT CONSEQUENTIAL OR CONSEQUENTIAL OTHER DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER DATA OR INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, OR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF PARTICIPATION IN OR INABILITY TO PARTICIPATE IN OR USE ™ or ®THE SERVICES OR THE PREMISES, THE PROVISION OF OR FAILURE TO PROVIDE HIPAA Suite®SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF HIPAA Suite®, UNDER OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT MEMBERSHIP AGREEMENT, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF CAROSH OR ANY AGENT OR SUPPLIERRAW, AND EVEN IF CAROSH OR ANY AGENT OR SUPPLIER RAW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CAROSH OR ITS AGENTS OR SUPPLIERS PROVIDER BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING INCLUDING, BUT NOT LIMITED TO TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER DATA OR INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, OR AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE PROVISION OF THE SERVICES OR THE USE OR OPERATION OF OR INABILITY TO USE ™ or ®THE CVG SYSTEM, THE PROVISION OF OR FAILURE TO PROVIDE HIPAA Suite®SUPPORT OR OTHER SERVICES, INFORMATON, AND RELATED CONTENT THROUGH THE SERVICES OR OTHERWISE ARISING OUT OF THE USE OF HIPAA Suite®THE SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF CAROSH OR ANY AGENT OR SUPPLIER, AND EVEN IF CAROSH OR ANY AGENT OR SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESAGREEMENT.

EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CAROSH OR ITS AGENTS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER DATA OR INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, OR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE ™ or ®, THE PROVISION OF OR FAILURE TO PROVIDE HIPAA SuiteSUITE®, OR OTHERWISE ARISING OUT OF THE USE OF HIPAA SuiteSUITE®, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF CAROSH OR ANY AGENT OR SUPPLIER, AND EVEN IF CAROSH OR ANY AGENT OR SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CAROSH CTRL COLLECTIVE OR ITS AGENTS SUBSIDIARIES (WHETHER OR SUPPLIERS NOT WHOLLY-OWNED), AFFILIATES, DIVISIONS, AND THEIR PAST, PRESENT AND FUTURE OFFICERS, DIRECTORS, SHAREHOLDERS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS (“CTRL AFFILIATES”), JOINTLY AND INDIVIDUALLY BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, INDIRECT CONSEQUENTIAL OR CONSEQUENTIAL OTHER DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER DATA OR INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, OR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF PARTICIPATION IN OR INABILITY TO PARTICIPATE IN OR USE ™ or ®THE SERVICES OR THE PREMISES, THE PROVISION OF OR FAILURE TO PROVIDE HIPAA Suite®SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF HIPAA Suite®, UNDER OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT MEMBERSHIP AGREEMENT, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF CAROSH OR ANY AGENT OR SUPPLIERCTRL COLLECTIVE, AND EVEN IF CAROSH OR ANY AGENT OR SUPPLIER CTRL COLLECTIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CAROSH OR ITS AGENTS OR SUPPLIERS CKSOURCE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING INCLUDING, BUT NOT LIMITED TO TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER DATA OR INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, OR AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE ™ or ®THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE HIPAA Suite®SUPPORT OR OTHER SERVICES, INFORMATON, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF HIPAA Suite®THE SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT AGREEMENT, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF CAROSH OR ANY AGENT OR SUPPLIERCONTRACT, AND EVEN IF CAROSH OR ANY AGENT OR SUPPLIER THE OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CAROSH GENUS OR ITS AGENTS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVEINDIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING INCLUDING, BUT NOT LIMITED TO TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER DATA OR INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, OR AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE ™ or ®THE SOFTWARE PRODUCT, THE PROVISION OF OR FAILURE TO PROVIDE HIPAA Suite®SUPPORT SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF HIPAA Suite®, UNDER OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT XXXX, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF CAROSH GENUS OR ANY AGENT OR SUPPLIER, AND EVEN IF CAROSH GENUS OR ANY AGENT OR SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.