Common use of Liability exclusions and limitations Clause in Contracts

Liability exclusions and limitations. 7.1. NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR ANY LOSS OF REVENUE, PROFITS, SALES, DATA, DATA USE, GOODWILL, OR REPUTATION, WHETHER OR NOT THEY ARE FORESEEABLE. 7.2. TO THE EXTENT NOT PROHIBITED BY LAW, EACH PARTY’S AGGREGATE LIABILITY RELATED TO THE AGREEMENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE TOTAL AMOUNTS PAID IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY. 7.3. TO THE EXTENT NOT PROHIBITED BY LAW, THE LIABILITY LIMITS SET OUT ABOVE SHALL NOT APPLY TO (i) THE INTELLECTUAL PROPERTY INDEMNITIES PROVIDED IN SECTION 8, (ii) THE COMPANY’S INFRINGEMENT OF SCANDIT’S INTELLECTUAL PROPERTY RIGHTS, OR (iii) ANY AMOUNTS PAYABLE BY THE COMPANY. 7.4. This section is not intended to affect liabilities which by law cannot be limited or excluded.

Liability exclusions and limitations. 7.19.1. NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR ANY LOSS OF REVENUE, PROFITS, SALES, DATA, DATA USE, GOODWILL, OR REPUTATION, WHETHER OR NOT THEY ARE FORESEEABLE. 7.29.2. TO THE EXTENT NOT PROHIBITED BY LAW, EACH PARTY’S AGGREGATE LIABILITY RELATED TO THE AGREEMENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE TOTAL AMOUNTS PAID IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY. 7.39.3. TO THE EXTENT NOT PROHIBITED BY LAW, THE LIABILITY LIMITS SET OUT ABOVE SHALL NOT APPLY TO (i) THE INTELLECTUAL PROPERTY INDEMNITIES PROVIDED IN SECTION 8, (ii) THE COMPANY’S INFRINGEMENT OF SCANDIT’S INTELLECTUAL PROPERTY RIGHTS, OR (iii) ANY AMOUNTS PAYABLE BY THE COMPANY. 7.49.4. This section is not intended to affect liabilities which by law cannot be limited or excluded.