Common use of Liability Restrictions Clause in Contracts

Liability Restrictions. (a) IN NO EVENT, WHETHER IN CONTRACT OR IN TORT (INCLUDING BREACH OF WARRANTY, NEGLIGENCE AND STRICT LIABILITY IN TORT), SHALL A PARTY BE LIABLE 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) Subject to Subsection (c), below, each party's total liability to the other, whether in contract or in tort (including breach of warranty, negligence and strict liability in tort) shall be limited to two hundred million dollars ($200,000,000). (c) The limitation set forth in Subsections (b), above, shall not apply with respect to: (i) third-party claims subject to indemnification pursuant to the Agreement; (ii) fees due and owing under this Agreement at the time of the claim; and (iii) amounts subject of Cover as provided in Section 4.2(b). (d) For the purposes of this Section 16.2, all amounts payable or paid to third parties in connection with claims that are eligible for indemnification pursuant to this Agreement shall be deemed direct damages.

Liability Restrictions. (a) SUBJECT TO SUBSECTION 19.2(c), IN NO EVENT, WHETHER IN CONTRACT OR IN TORT (INCLUDING BREACH OF WARRANTY, NEGLIGENCE AND NEGLIGENCE, STRICT LIABILITY IN TORTTORT AND WITH RESPECT TO MSDW'S LIABILITY FOR FAILURE TO PAY AMOUNTS DUE UNDER THIS AGREEMENT), SHALL A PARTY BE LIABLE 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) Subject to Subsection (c19.2(c), below, each partyParty's total liability to the other, whether in contract or in tort (including breach of warranty, negligence and negligence, strict liability in torttort and with respect to MSDW's liability for failure to pay amounts due under this Agreement) shall be limited to two hundred million dollars ($200,000,000)in the aggregate, for all claims, causes of action and occurrences, {*}. (c) The limitation limitations set forth in Subsections (b), above, {*} shall not apply with respect to: : (i) third-party claims subject to indemnification pursuant to the Agreement; {*} (ii) fees due and owing under this Agreement at the time of the claim; and {*} (iii) amounts subject of Cover as provided in Section 4.2(b).{*} (d) For Each Party shall have a duty to mitigate damages for which the purposes of this Section 16.2, all amounts payable or paid to third parties in connection with claims that are eligible for indemnification pursuant to this Agreement shall be deemed direct damagesother Party is responsible.