Common use of Liability - Inclusions Clause in Contracts

Liability - Inclusions. Nothing in this Agreement operates to exclude or limit any of the following and these amounts will not be counted in assessing whether the aggregate liability limitation in the clause entitled Liability - Limitations has been reached: (a) any liability relating to bodily injury (including death) caused by a Party's negligence; (b) any liability resulting from a party’s fraud or fraudulent misrepresentation; (c) any liability that cannot be limited under applicable law or regulation, including but not limited to mandatory local law; (d) any indemnification obligation under the Agreement; (e) damages, including with respect to loss of or damage to real property or tangible personal property, resulting from gross negligence or intentional tortious conduct of a Party; and (f) any liability of Customer and Participating Entity with respect to non-payment, including any claim for interest.

Liability - Inclusions. Nothing in this Agreement operates to exclude or limit any of the following and these amounts will not be counted in assessing whether the aggregate liability limitation in the clause entitled Liability - Limitations has been reached:: (a) any liability relating to bodily injury (including death) caused by a Party's negligence; (b) any liability resulting from a party’s fraud or fraudulent misrepresentation; (c) any liability that cannot be limited under applicable law or regulation, including but not limited to mandatory local law; (d) any indemnification obligation under the Agreement; (e) damages, including with respect to loss of or damage to real property or tangible personal property, resulting from gross negligence or intentional tortious conduct of a Party; and (f) any liability of Customer and Participating Entity with respect to non-payment, including any claim for interest.

Liability - Inclusions. Nothing in this Agreement operates to exclude or limit any of the following and these amounts will not be counted in assessing whether the aggregate liability limitation in the clause entitled “Liability - Limitations Limitations” has been reached: (a) any liability relating to bodily injury (including death) caused by a Party's negligence; (b) any liability resulting from a party’s fraud or fraudulent misrepresentation; (c) any liability that cannot be limited under applicable law or regulation, including but not limited to mandatory local law; (d) any indemnification obligation under the Agreement; (e) damages, including with respect to loss of or damage to real property or tangible personal property, resulting from gross negligence or intentional tortious conduct of a Party; and (f) any liability of Customer and Participating Entity with respect to non-payment, including any claim for interest.