Common use of Intermolecular Clause in Contracts

Intermolecular. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT FOR INTERMOLECULAR’S OBLIGATIONS UNDER SECTIONS 6 AND 9.4 OF THIS AGREEMENT, A BREACH BY INTERMOLECULAR OF ITS CONFIDENTIALITY OBLIGATIONS UNDER SECTION 8, OR A BREACH OF ANY LICENSE RESTRICTIONS APPLICABLE TO INTERMOLECULAR: (I) UNDER NO CIRCUMSTANCES WILL INTERMOLECULAR BE LIABLE TO ANY PARTY UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING UNDER CONTRACT, STRICT LIABILITY OR OTHERWISE, FOR ANY LOST PROFITS, LOST DATA, LOST BUSINESS OPPORTUNITY, INJURY TO BUSINESS REPUTATION OR EQUIPMENT DOWNTIME, OR FOR ANY CONSEQUENTIAL, PUNITIVE INCIDENTAL, INDIRECT OR SPECIAL DAMAGES OF ANY KIND IN CONNECTION WITH THE SUBJECT MATTER OF THIS AGREEMENT, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (II) IN NO EVENT WILL INTERMOLECULAR’S AGGREGATE LIABILITY TO ANY PARTY EXCEED THE GREATER OF (A) US$20 MILLION, AND (B) CUMULATIVE AMOUNTS PAID OR PAYABLE BY TOSHIBA AND SANDISK (OR BY THIRD PARTIES BASED ON LICENSES MADE PURSUANT TO THIS AGREEMENT) TO INTERMOLECULAR IN THE TWENTY-FOUR (24) MONTHS PRECEDING THE CLAIM. Intermolecular Confidential [*] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.

Intermolecular. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT FOR INTERMOLECULAR’S OBLIGATIONS UNDER SECTIONS 6 AND 9.4 OF THIS AGREEMENT, A BREACH BY INTERMOLECULAR OF ITS CONFIDENTIALITY OBLIGATIONS UNDER SECTION 8, OR A BREACH OF ANY LICENSE RESTRICTIONS APPLICABLE TO INTERMOLECULAR: (I) UNDER NO CIRCUMSTANCES WILL INTERMOLECULAR BE LIABLE TO ANY PARTY UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING UNDER CONTRACT, STRICT LIABILITY OR OTHERWISE, FOR ANY LOST PROFITS, LOST DATA, LOST BUSINESS OPPORTUNITY, INJURY TO BUSINESS REPUTATION OR EQUIPMENT DOWNTIME, OR FOR ANY CONSEQUENTIAL, PUNITIVE INCIDENTAL, INDIRECT OR SPECIAL DAMAGES OF ANY KIND IN CONNECTION WITH THE SUBJECT MATTER OF THIS AGREEMENT, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (II) IN NO EVENT WILL INTERMOLECULAR’S AGGREGATE LIABILITY TO ANY PARTY EXCEED THE GREATER OF (A) US$20 MILLION, AND (B) CUMULATIVE AMOUNTS PAID OR PAYABLE BY TOSHIBA AND SANDISK (OR BY THIRD PARTIES BASED ON LICENSES MADE PURSUANT TO THIS AGREEMENT) TO INTERMOLECULAR IN THE TWENTY-FOUR (24) [*] MONTHS PRECEDING THE CLAIM. Intermolecular Confidential [*] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.

Intermolecular. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT FOR INTERMOLECULAR’S OBLIGATIONS UNDER SECTIONS 6 AND 9.4 OF THIS AGREEMENT, A BREACH BY INTERMOLECULAR OF ITS CONFIDENTIALITY OBLIGATIONS UNDER SECTION 8, OR A BREACH OF ANY LICENSE RESTRICTIONS APPLICABLE TO INTERMOLECULAR: (I) UNDER NO CIRCUMSTANCES WILL INTERMOLECULAR BE LIABLE TO ANY PARTY UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING UNDER CONTRACT, STRICT LIABILITY OR OTHERWISE, FOR ANY LOST PROFITS, LOST DATA, LOST BUSINESS OPPORTUNITY, INJURY TO BUSINESS REPUTATION OR EQUIPMENT DOWNTIME, OR FOR ANY CONSEQUENTIAL, PUNITIVE INCIDENTAL, INDIRECT OR SPECIAL DAMAGES OF ANY KIND IN CONNECTION WITH THE SUBJECT MATTER OF THIS AGREEMENT, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (II) IN NO EVENT WILL INTERMOLECULAR’S AGGREGATE LIABILITY TO ANY PARTY EXCEED THE GREATER OF (A) US$20 MILLION[*], AND (B) CUMULATIVE AMOUNTS PAID OR PAYABLE BY TOSHIBA AND SANDISK (OR BY THIRD PARTIES BASED ON LICENSES MADE PURSUANT TO THIS AGREEMENT) TO INTERMOLECULAR IN THE TWENTY-FOUR (24) [*] MONTHS PRECEDING THE CLAIM. Intermolecular Confidential [*] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.

Intermolecular. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT FOR INTERMOLECULAR’S OBLIGATIONS UNDER SECTIONS 6 AND 9.4 OF THIS Intermolecular Confidential [*] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. AGREEMENT, A BREACH BY INTERMOLECULAR OF ITS CONFIDENTIALITY OBLIGATIONS UNDER SECTION 8, OR A BREACH OF ANY LICENSE RESTRICTIONS APPLICABLE TO INTERMOLECULAR: (I) UNDER NO CIRCUMSTANCES WILL INTERMOLECULAR BE LIABLE TO ANY PARTY UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING UNDER CONTRACT, STRICT LIABILITY OR OTHERWISE, FOR ANY LOST PROFITS, LOST DATA, LOST BUSINESS OPPORTUNITY, INJURY TO BUSINESS REPUTATION OR EQUIPMENT DOWNTIME, OR FOR ANY CONSEQUENTIAL, PUNITIVE INCIDENTAL, INDIRECT OR SPECIAL DAMAGES OF ANY KIND IN CONNECTION WITH THE SUBJECT MATTER OF THIS AGREEMENT, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (II) IN NO EVENT WILL INTERMOLECULAR’S AGGREGATE LIABILITY TO ANY PARTY EXCEED THE GREATER OF (A) US$20 MILLION[*], AND (B) CUMULATIVE AMOUNTS PAID OR PAYABLE BY TOSHIBA AND SANDISK (OR BY THIRD PARTIES BASED ON LICENSES MADE PURSUANT TO THIS AGREEMENT) TO INTERMOLECULAR IN THE TWENTY-FOUR (24) [*] MONTHS PRECEDING THE CLAIM. Intermolecular Confidential [*] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.