Common use of Exclusions from Liability Cap Clause in Contracts

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.

Appears in 2 contracts

Samples: Funding Agreement, Funding Agreement (Barinthus Biotherapeutics Plc.)

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Exclusions from Liability Cap. Notwithstanding the foregoing, nothing Nothing in this Agreement shall limit the liability of any either Party in respect of: (i) for: 18.6.1. personal injury or death arising out of that Party’s negligence or intentional willful misconduct; (ii) or 18.6.2. fraud or fraudulent misrepresentation or intentional willful 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.

Appears in 2 contracts

Samples: Framework Partnering Agreement (CureVac B.V.), Framework Partnering Agreement (CureVac B.V.)

Exclusions from Liability Cap. Notwithstanding the foregoing, nothing in this Agreement shall limit the liability of any either Party in respect of: (i) : a. personal injury or death arising out of that Party’s negligence or intentional misconduct; (ii) or b. 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.misrepresentation. ANNEX A: TERMS AND CONDITIONS – SCHEDULE A

Appears in 2 contracts

Samples: Funding Agreement, Funding Agreement (Valneva SE)

Exclusions from Liability Cap. Notwithstanding the foregoing, nothing in this Agreement shall limit the liability of any either Party in respect of: (i) personal injury or death arising out of that Party’s negligence or intentional misconduct; or (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.

Appears in 2 contracts

Samples: Covid 19 Outbreak Response Agreement (VBI Vaccines Inc/Bc), Covid 19 Outbreak Response Agreement (VBI Vaccines Inc/Bc)

Exclusions from Liability Cap. Notwithstanding the foregoing, nothing in this Agreement shall limit the liability of any either Party to the other Party in respect of: : (ia) personal injury or death arising out of that Party’s negligence or intentional wilful misconduct; or (iib) fraud or fraudulent misrepresentation or intentional wilful misconduct, ; or (iiic) any Party’s obligations under Clause 17.2 or, other liability which cannot be limited or excluded as a matter of Applicable Laws; (ivd) 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 indemnities under this AgreementSection 8.4.

Appears in 1 contract

Samples: Confidentiality Agreement

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Exclusions from Liability Cap. Notwithstanding the foregoing, nothing in this Agreement shall limit the liability of any either Party in respect of: (i) : a. personal injury or death arising out of that Party’s negligence or intentional misconduct; (ii) or b. 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 Agreementmisrepresentation.

Appears in 1 contract

Samples: Funding Agreement

Exclusions from Liability Cap. Notwithstanding the foregoing, nothing in this Agreement shall limit the liability of any either 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.

Appears in 1 contract

Samples: Covid 19 Outbreak Response Agreement

Exclusions from Liability Cap. Notwithstanding the foregoing, nothing in this Agreement shall limit the liability of any either Party to the other Party in respect of: : (ia) personal injury or death arising out of that Party’s negligence or intentional wilful misconduct; or (iib) fraud or fraudulent misrepresentation or intentional wilful misconduct, ; or (iiic) any Party’s obligations under Clause 17.2 other liability which cannot be limited or excluded as a matter of Applicable Laws; or, (ivd) 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 indemnities under this AgreementSection 8.4.

Appears in 1 contract

Samples: Collaboration Agreement (Dynavax Technologies Corp)

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