Common use of LIABILITY INCAPABLE OF EXCLUSION Clause in Contracts

LIABILITY INCAPABLE OF EXCLUSION. NOTHING IN THIS AGREEMENT EXCLUDES EITHER PARTY’S LIABILITY: (A) FOR DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE; (B) FOR FRAUD OR FRAUDULENT MISREPRESENTATION; (C) ANY OTHER LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY APPLICABLE LAW; OR (D) EITHER PARTY’S INTELLECTUAL PROPERTY OBLIGATIONS (AND IN THE CASE OF CUSTOMER, ITS OBLIGATIONS UNDER SECTION 2 (SCOPE OF USE).