Common use of LIABILITY FOR NONPERFORMANCE Clause in Contracts

LIABILITY FOR NONPERFORMANCE. Xxxxxx shall not have any liability to Ventiv for failure to perform its obligations hereunder unless such failure arises out of, directly or indirectly, the willful misconduct on the part of Xxxxxx. Xxxxxx shall not be required to perform any Service (or any part of any Service) to the extent that performance of such Service (or such part of such Service) would violate any law, rule or regulation. In no event shall Xxxxxx be liable for any Services provided or the failure to provide any Services for an amount in excess of the compensation payable to Xxxxxx in respect of such Services pursuant to Section 4.1 hereof. In no event shall any party be liable hereunder for consequential, incidental or punitive damages.