Further limitation on liability. To the extent permitted by law, the total liability of either Party to the other under any cause of action arising under or in connection with this Agreement or the Products and any theory of damages, excluding any claim for indemnification, shall not exceed the [***]. The liability of both Parties—on any legal grounds whatsoever excluding indemnification – is limited to the damages caused by gross negligence or by willful misconduct.
Appears in 4 contracts
Samples: Manufacturing Agreement (Ulthera Inc), Manufacturing Agreement (Ulthera Inc), Manufacturing Agreement (Ulthera Inc)