Common use of LIMITATION AND EXCLUSION OF LIABILITY Clause in Contracts

LIMITATION AND EXCLUSION OF LIABILITY. a. This Paragraph 9 of these Terms and Conditions prevails over all of this Agreement and sets out the entire Liability (as defined in Paragraph 9.g below) of Taboola, and the sole and exclusive remedies of Publisher, in respect of: (i) performance, non- performance, purported performance, delay in performance, or mis-performance of this Agreement, the Service, or of any services in connection with this Agreement; or (ii) otherwise in relation to this Agreement or entering into this Agreement. b. Neither Party shall exclude or limit its Liability for: (i) its fraud; or

LIMITATION AND EXCLUSION OF LIABILITY. a. This Paragraph 9 of these Terms and Conditions prevails over all of this Agreement and sets out the entire Liability (as defined in Paragraph 9.g below) of Taboola, and the sole and exclusive remedies of Publisher, in respect of: : (i) performance, non- non-performance, purported performance, delay in performance, or mis-performance of this Agreement, the Service, or of any services in connection with this Agreement; or (ii) otherwise in relation to this Agreement or entering into this Agreement. b. Neither Party shall exclude or limit its Liability for: (i) its fraud; or