Common use of Exclusions and Limitation of Liability Clause in Contracts

Exclusions and Limitation of Liability. 23.1 Neither party excludes or limits its liability for death or personal injury resulting from its negligence nor liability for breach of any term implied by statute to the extent that such liabilities cannot by law be limited or excluded. 23.2 Subject only to subparagraph 23.1 above, under no circumstances shall either party have any liability in connection with this Agreement, whether in contract or for negligence or otherwise and whether related to any single event or series of connected events (but not relating to Sycamore’s inventory liabilities or obligations to pay invoices hereunder that are not subject to a bona fide dispute), for any of the following: 23.2.1 any liability in excess of: 23.2.1.1 in the case of damage to or loss of tangible property, the value of such property; 23.2.1.2 in the case of any warranty claims by Sycamore against Supplier, an amount equal to [ * ]; and 23.2.1.3 in any event, and in respect of any other liability, an amount equal to [ * ]. 23.2.2 any liability for any incidental, indirect or consequential damages, including those relating to loss of business, loss of records or data, loss of use, loss of profits, revenue or anticipated savings or other economic loss, whether or not Supplier or Sycamore was informed or was aware of the possibility of such loss. 23.3 Neither party may bring an action under this Agreement more than [ * ] after the cause of action arose. 23.4 Neither party will have liability to the other for any failure to perform any obligation under this Agreement or any order to the extent such failure was due to the act or omission of the other party or any agent of the other party.

Exclusions and Limitation of Liability. 23.1 20.1 Neither party excludes or limits its liability for death or personal injury resulting from its negligence nor liability for breach of any term implied by statute to the extent that such liabilities cannot by law be limited or excluded. *Certain information on this page has been omitted and filed separately with Commission. Confidential treatment has been requested with respect to the omitted portions. Asterisks within brackets denote omissions. 23.2 Subject only to subparagraph 23.1 20.2 Except as set forth in sections 20.1 and 12.0 above, under no circumstances shall will either party have any liability in connection with to the other party pursuant to this Agreement, whether in contract or for negligence or otherwise and whether related to any single event or series of connected events (but not relating to Sycamore’s inventory liabilities or obligations to pay invoices hereunder that are not subject to a bona fide dispute)events, for any of the following: 23.2.1 (a) any liability in excess of: 23.2.1.1 (i) in the case of damage to or loss of tangible property, the value of such property; 23.2.1.2 in the case of any warranty claims by Sycamore against Supplier, an amount equal to [ * ]; and 23.2.1.3 and (ii) in any event, and in respect of any other liability, an amount equal to [ * [*]. 23.2.2 (b) any liability for any incidental, indirect or consequential damages, including those relating to damages or loss of business, loss of records or data, loss of use, loss of profits, revenue or anticipated savings or other economic loss, loss whether or not the Supplier or Sycamore was informed or was aware of the possibility of such loss. 23.3 Neither party may bring an action under this Agreement more than [ * ] after the cause of action arose. 23.4 20.3 Neither party will have liability to the other for any failure to perform any obligation under this Agreement or any order to the extent such failure was due to the act or omission of the other party or any agent of the other party.

Exclusions and Limitation of Liability. 23.1 20.1 Neither party excludes or limits its liability for death or personal injury resulting from its negligence nor liability for breach of any term implied by statute to the extent that such liabilities cannot by law be limited or excluded. 23.2 20.2 Subject only to subparagraph 23.1 clause 20.1 above, under no circumstances shall will either party have any liability in connection with respect of this Agreement, whether in contract or for negligence or otherwise and whether related to any single event or series of connected events (but not relating to Sycamore’s inventory liabilities or obligations to pay invoices hereunder that are not subject to a bona fide dispute)events, for any of the following: 23.2.1 (a) any liability in excess of: 23.2.1.1 (i) in the case of damage to or loss of tangible property, the value of such property; 23.2.1.2 in the case of any warranty claims by Sycamore against Supplier, an amount equal to [ * ]; and 23.2.1.3 (ii) in any event, and in respect of any other liability, an amount equal to [ * ].(**) 23.2.2 (b) any liability for any incidental, indirect or consequential damages, including those relating to damages or loss of business, loss of records or data, loss of use, loss of profits, revenue or anticipated savings or other economic loss, loss whether or not Supplier or Sycamore Celestica was informed or was aware of the possibility of such loss.; 23.3 (c) subject to Section 12 and except for claims relating to Intellectual Property infringement, any third party claims for any loss, damage, costs or expense 20.3 Neither party may bring an action under this Agreement more than [ * ] two (2) years after the cause of action arose. 23.4 20.4 Neither party will have liability to the other for any failure to perform any obligation under this Agreement or any purchase order to the extent such failure was due to the act or omission of the other party or any agent of the other partyparty or any supplier from whom Celestica purchases components or services under terms, conditions or pricing arrangements made between Sycamore and such supplier.