Common use of Liability Restrictions Clause in Contracts

Liability Restrictions. (a) SUBJECT TO SUBSECTION (b) BELOW, IN NO EVENT, WHETHER IN CONTRACT OR IN TORT (INCLUDING BREACH OF WARRANTY, NEGLIGENCE AND STRICT LIABILITY IN TORT), SHALL A PARTY BE LIABLE TO THE OTHER PARTY FOR INDIRECT OR CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. (b) The limitations set forth in subsection shall not apply to the indemnification obligations set forth in SECTION 15.3 and SECTION 15.4. (c) Each Party shall have a duty to mitigate damages for which the other Party is responsible. (d) Each Party shall be liable to the other Party for any actual damages as set forth in SECTION 16.1 only if, and to the extent that the aggregate of all losses arising from or in connection with any such failure to perform obligations in the manner required by this Agreement exceeds ten thousand dollars ($10,000.00), except for claims of payment from Subcontractors or vendors

Liability Restrictions. (a) SUBJECT TO SUBSECTION (b) BELOW, IN NO EVENT, WHETHER IN CONTRACT OR IN TORT (INCLUDING BREACH OF WARRANTY, NEGLIGENCE AND STRICT LIABILITY IN TORT), SHALL A PARTY BE LIABLE TO THE OTHER PARTY FOR INDIRECT OR CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. (b) The limitations set forth in subsection (a) shall not apply to with respect to: (i) damages occasioned by the willful misconduct or gross negligence of a Party, (ii) damages occasioned as a result of the indemnification obligations set forth in SECTION 15.3 and SECTION 15.4Section 15 to the extent any third party shall be awarded such damages explicitly excluded in Section 16.2(a), (iii) damages occasioned by improper or wrongful termination of this Agreement or (iv) damages occasioned by a violation of Section 12.1 of this Agreement. (c) Each Party shall have a duty to mitigate damages for which the other Party is responsible. (d) Each Party shall be liable to the other Party for any actual damages as set forth in SECTION Section 16.1 only if, and to the extent that the aggregate of all losses arising from or in connection with any such failure to perform obligations in the manner required by this Agreement exceeds ten one thousand dollars ($10,000.001,000), except for claims of payment from Subcontractors or vendors.

Liability Restrictions. (a) SUBJECT TO SUBSECTION (b) BELOW, IN NO EVENT, WHETHER IN CONTRACT OR IN TORT (INCLUDING BREACH OF WARRANTY, NEGLIGENCE AND STRICT LIABILITY IN TORT), SHALL A PARTY BE LIABLE TO THE OTHER PARTY FOR INDIRECT OR CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. (b) The limitations set forth in subsection 16.2 shall not apply with respect to the indemnification obligations set forth in SECTION 15.3 and SECTION 15.4damages occasioned by a violation of Section 13 of this Agreement. (c) Each Party shall have a duty to mitigate damages for which the other Party is responsible. (d) Each Party shall be liable to the other Party for any actual damages as set forth in SECTION Section 16.1 only if, and to the extent that the aggregate of all losses arising from or in connection with any such failure to perform obligations in the manner required by this Agreement exceeds ten thousand dollars ($10,000.00), except for claims of with respect to any payment from Subcontractors or vendorsobligations set forth in Section 5.

Liability Restrictions. (a) SUBJECT TO SUBSECTION (b) BELOW, IN NO EVENT, WHETHER IN CONTRACT OR IN TORT (INCLUDING BREACH OF WARRANTY, NEGLIGENCE AND STRICT LIABILITY IN TORT), SHALL A PARTY BE LIABLE TO THE OTHER PARTY FOR INDIRECT OR CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. (b) The limitations set forth in subsection shall not apply to the indemnification obligations set forth in SECTION Section 15.3 and SECTION Section 15.4. (c) Each Party shall have a duty to mitigate damages for which the other Party is responsible. (d) Each Party shall be liable to the other Party for any actual damages as set forth in SECTION Section 16.1 only if, and to the extent that the aggregate of all losses arising from or in connection with any such failure to perform obligations in the manner required by this Agreement exceeds ten thousand dollars ($10,000.00), except for claims of payment from Subcontractors or vendors