Limit on Consequential Damages. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY LOSS OF USE, INTERRUPTION OF BUSINESS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY, OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Limit on Direct Damages. EXCLUDING SPONSOR’S INDEMNITY OBLIGATIONS UNDER ARTICLE 8.1, IN NO EVENT SHALL EITHER PARTY’S LIABILITY TO THE OTHER PARTY UNDER THIS AGREEMENT EXCEED THE TOTAL RESEARCH FEE HEREUNDER.
Appears in 3 contracts
Samples: Research Agreement, Research Agreement, Research Agreement
Limit on Consequential Damages. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY LOSS OF USE, INTERRUPTION OF BUSINESS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY, OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY POSSIBLITY OF SUCH DAMAGES. Limit on Direct Damages. EXCLUDING SPONSOR’S INDEMNITY OBLIGATIONS UNDER ARTICLE 8.1, IN NO EVENT SHALL EITHER EITEHR PARTY’S LIABILITY LIABILTY TO THE OTHER PARTY UNDER THIS AGREEMENT EXCEED THE TOTAL RESEARCH FEE HEREUNDER.
Appears in 1 contract
Samples: Research Agreement
