Liability Restrictions. (a) SUBJECT TO SECTION 19.2(c) BELOW, IN NO EVENT, WHETHER IN CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTY, STRICT LIABILITY, OR OTHERWISE, SHALL A PARTY BE LIABLE FOR INDIRECT, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, OR SPECIAL DAMAGES, OR LOST PROFITS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.
Appears in 3 contracts
Samples: Master Services Agreement (Aci Worldwide, Inc.), Master Services Agreement (Aci Worldwide, Inc.), Master Services Agreement (Aci Worldwide, Inc.)
Liability Restrictions. (a) SUBJECT TO SECTION 19.2(c19.2(C) BELOW, IN NO EVENT, WHETHER IN CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTY, STRICT LIABILITY, OR OTHERWISE, SHALL A PARTY BE LIABLE FOR INDIRECT, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, OR SPECIAL DAMAGES, OR LOST PROFITS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.
Appears in 2 contracts
Samples: Technology Services Agreement (Phoenix Companies Inc/De), Technology Services Agreement (Phoenix Companies Inc/De)
Liability Restrictions. (a) SUBJECT TO SECTION 19.2(c) BELOW), IN NO EVENT, WHETHER IN CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTY, NEGLIGENCE AND STRICT LIABILITY, OR OTHERWISELIABILITY IN TORT), SHALL A PARTY BE LIABLE FOR INDIRECT, INDIRECT OR CONSEQUENTIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, OR LOST PROFITS, DAMAGES EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.
Appears in 2 contracts
Samples: Master Services Agreement (Wellchoice Inc), Master Services Agreement (Wellchoice Inc)
Liability Restrictions. (aA) SUBJECT TO SECTION 19.2(c26.2(D) BELOWAND SECTION 26.2(E), IN NO EVENT, WHETHER IN CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTY, NEGLIGENCE AND STRICT LIABILITY, OR OTHERWISELIABILITY IN TORT), SHALL A PARTY BE LIABLE FOR INDIRECT, INDIRECT OR CONSEQUENTIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, OR LOST PROFITS, DAMAGES EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.
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