Liability Exclusions. SUBJECT TO SECTION 7.1, NEITHER PARTY NOR ITS RESPECTIVE AFFILIATES WILL BE LIABLE TO THE OTHER PARTY FOR ANY: (I) INDIRECT AND/OR CONSEQUENTIAL LOSS; (II) SPECIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES; (III) LOSS OF GOODWILL (INCLUDING PECUNIARY LOSSES ARISING FROM LOSS OF GOODWILL); (IV) LOSS OF PROFITS OR REVENUE; (V) LOSS OF CONTRACT, SALES AND/OR BUSINESS; (VI) LOSS OF SAVINGS, INCLUDING ANTICIPATED SAVINGS; (VII) LOSSES RELATED TO A DISRUPTION OR WORK STOPPAGE, COVER DAMAGES (INCLUDING THE COST OF PROCURING AN ALTERNATIVE VENDOR, SOFTWARE OR SERVICE); (VIII) WASTED EXPENDITURE; OR (IX) LOSS OR CORRUPTION OF DATA, EXCEPT THAT ARISING FOLLOWING A BREACH OF SECTION 10.1 (CUSTOMER DATA) OR GENESYS’ SECURITY POLICY.
Appears in 5 contracts
Samples: Cloud Services Agreement, Cloud Services Agreement, Cloud Services Agreement
Liability Exclusions. SUBJECT TO SECTION 7.1, NEITHER PARTY NOR ITS RESPECTIVE AFFILIATES WILL BE LIABLE TO THE OTHER PARTY FOR ANY: (I) INDIRECT AND/OR CONSEQUENTIAL LOSS; (II) SPECIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES; (III) LOSS OF GOODWILL (INCLUDING PECUNIARY LOSSES ARISING FROM LOSS OF GOODWILL); (IV) LOSS OF PROFITS OR REVENUE; (V) LOSS OF CONTRACT, SALES AND/OR BUSINESS; (VI) LOSS OF SAVINGS, INCLUDING ANTICIPATED SAVINGS; (VII) LOSSES RELATED TO A DISRUPTION OR WORK STOPPAGE, COVER DAMAGES (INCLUDING THE COST OF PROCURING AN ALTERNATIVE VENDOR, SOFTWARE OR SERVICE); (VIII) WASTED EXPENDITURE; OR (IX) LOSS OR CORRUPTION OF DATA, EXCEPT THOSE THAT ARISING ARISE FOLLOWING A BREACH BY GENESYS OF SECTION 10.1 (CUSTOMER DATA) OR GENESYS’ THE GENESYS SECURITY POLICY.
Appears in 2 contracts
Samples: Service End User Agreement, Service End User Agreement