Exclusions from Liability Cap. Notwithstanding the foregoing, nothing in this Agreement shall limit the liability of any Party in respect of: (i) personal injury or death arising out of that Party’s negligence or intentional misconduct; (ii) fraud or fraudulent misrepresentation or intentional misconduct, (iii) any Party’s obligations under Clause 17.2 or, (iv) any Party’s obligation to make payments to any other Party, subject to any applicable rights to withhold, condition, delay or otherwise not pay as permitted under this Agreement.
Exclusions from Liability Cap. NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT A PARTY’S LIABILITY FOR: (I) ANY AMOUNTS DUE AND PAYABLE TO PROVIDER UNDER THIS AGREEMENT; (II) ANY BREACH OF THE RESTRICTIONS SECTION; (III) INDEMNITY OBLIGATIONS UNDER THE INDEMNITY SECTION; OR (IV) ANY LIABILITY TO THE EXTENT LIABILITY MAY NOT BE EXCLUDED OR LIMITED AS A MATTER OF APPLICABLE LAW. The waivers and limitations in this Limitation of Liability section apply regardless of the form of action, whether in contract, tort (including negligence), strict liability, breach of statutory duty or otherwise and will survive and apply even if any limited remedy in this Agreement fails of its essential purpose and even if a party has been advised of the possibility of such liabilities or failures.
Exclusions from Liability Cap. NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT A PARTY’S LIABILITY FOR: (I) ANY AMOUNTS DUE AND PAYABLE TO PROVIDER UNDER THIS AGREEMENT; (II) ANY BREACH OF THE RESTRICTIONS SECTION;
Exclusions from Liability Cap. Nothing in this Agreement shall exclude or limit a party’s liability for (i) any amounts due and payable to Provider under this Agreement; (ii) any breach of the Restrictions section; (iii) indemnity obligations under the Indemnity section; (iv) death or personal injury resulting from negligence; (v) willful misconduct or fraud; and (vi) any liability to the extent liability may not be excluded or limited as a matter of applicable law.
Exclusions from Liability Cap. Notwithstanding the foregoing, nothing in this Agreement shall limit the liability of either Party in respect of: [***]
Exclusions from Liability Cap. Notwithstanding the foregoing, nothing in this Contract shall limit the liability of either Party in respect of:
(a) personal injury or death arising out of that Party’s negligence or wilful misconduct; or
(b) fraud or fraudulent misrepresentation or wilful misconduct; or
(c) for any other liability which cannot be limited or excluded as a matter of law;
(d) any breach of applicable data protection legislation;
(e) any indemnities set out under clause 10.1.
Exclusions from Liability Cap. The limitations of liability in Sections 8.1 and 8.2 do not apply to, nor will the calculation of such limitations include:
(a) any liabilities or obligations to the extent that:
(i) the amount of such liabilities or obligations is paid from the proceeds of insurance maintained by VDOT or Concessionaire or required to be maintained by Contractor or Contractor Party under this Contract;
(ii) an amount is paid by Contractor but subsequently recovered by Contractor from proceeds of insurance referred to in Section 9.1, or from Concessionaire, VDOT or any third party (other than an entity providing insurance or a Contractor Party); or
(iii) the same would have been recovered by Contractor through such insurance if Contractor or any Contractor Party had maintained the coverage required to be maintained by it under this Contract, or if Contractor or such Contractor Party had otherwise complied with its obligations under, and the limitations of, such Insurance Policies and diligently pursued the relevant insurance claim;
(b) liabilities that arise out of third-party claims (other than from VDOT) associated with the Work or the performance by Contractor or any Contractor Party of any obligations under this Contract (including any third- party claims for any damage or destruction of property, death or personal injury or third-party Intellectual Property);
(c) liabilities that arise out of the bad faith, willful misconduct, gross negligence or fraud of Contractor or any Contractor Party or any Contractor Default under Section 12.3(a)(i);
(d) any costs paid or incurred by Contractor in connection with its correction of any nonconforming Work or Defect;
(e) fines and penalties under any applicable Law or any costs that Contractor or any Contractor Party incurs or is liable for in complying with obligations that arise out of any failure by Contractor or any Contractor Party to comply with any applicable Laws (including xxxxxxx’x compensation, employment or health and safety laws or regulations); or
(f) fines and penalties under any applicable Law or any costs incurred by Contractor or any Contractor Party as a result of a failure by Contractor or any Contractor Party to comply with any applicable Laws (including xxxxxxx’x compensation, employment or health and safety laws or regulations).
Exclusions from Liability Cap. Unless specified otherwise in a Statement of Work, the Liability Cap does not apply to any liability arising out of:
