Common use of LIMITATION AND EXCLUSION OF LIABILITY Clause in Contracts

LIMITATION AND EXCLUSION OF LIABILITY. 10.1 EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, ALL WARRANTIES AND CONDITIONS WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE ARE HEREBY EXCLUDED TO THE EXTENT PERMITTED BY LAW. 10.2 NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR RESTRICT IN ANY WAY THE LIABILITY OF EITHER PARTY ARISING FROM OR IN CONNECTION WITH: 10.2.1 DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE, OR THAT OF ITS EMPLOYEES, AGENTS OR SUB-CONTRACTORS (AS APPLICABLE); OR 10.2.2 FRAUD, FRAUDULENT ACTIVITY OR FRAUDULENT MISREPRESENTATION BY IT OR ITS EMPLOYEES, AGENTS OR SUB-CONTRACTORS (AS APPLICABLE); OR 10.2.3 ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. 10.3 SUBJECT TO CLAUSE 10.2, NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY IN CONTRACT, TORT OR OTHERWISE FOR ANY: 10.3.1 LOSS OF SALES OR BUSINESS; 10.3.2 LOSS OF REVENUE; 10.3.3 LOSS OF PROFIT; 10.3.4 LOSS OF USE OR CORRUPTION OF SOFTWARE, DATA OR INFORMATION; 10.3.5 LOSS OF CONTRACTS; 10.3.6 WASTED EXPENDITURE;

LIMITATION AND EXCLUSION OF LIABILITY. 10.1 EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, ALL WARRANTIES AND CONDITIONS WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE ARE HEREBY EXCLUDED TO THE EXTENT PERMITTED BY LAW. 10.2 a. NOTHING IN THIS AGREEMENT SHALL EXCLUDE LIMITS OR RESTRICT IN ANY WAY EXCLUDES THE LIABILITY OF OF: i. EITHER PARTY ARISING FROM OR IN CONNECTION WITHTO THE OTHER PARTY FOR: 10.2.1 1. BODILY INJURY OR DEATH RESULTING DIRECTLY FROM THE NEGLIGENCE OF THE OTHER PARTY: 2. FRAUD OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE, OR THAT FRAUDULENT MISREPRESENTATION: 3. A BREACH OF ITS EMPLOYEES, AGENTS OR SUB-CONTRACTORS SECTION 12 (AS APPLICABLECONFIDENTIAL INFORMATION); OR 10.2.2 FRAUD4. ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW: ii. INTEGRATOR TO CISCO ARISING OUT OF: 1. [***] 2. [***] 3. ANY AMOUNTS DUE TO CISCO UNDER THE AGREEMENT. b. SUBJECT TO SECTION -19a ABOVE AND SECTION 19c BELOW, FRAUDULENT ACTIVITY OR FRAUDULENT MISREPRESENTATION BY IT OR ITS EMPLOYEES, AGENTS OR SUB-CONTRACTORS (AS APPLICABLE)EACH PARTY’S TOTAL AGGREGATE LIABILITY IS LIMITED TO THE GREATER OF: i. [***]; OR 10.2.3 ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWii. [***]. 10.3 c. SUBJECT TO CLAUSE 10.2SECTION 19a ABOVE, AND NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT TO THE CONTRARY, NEITHER PARTY SHALL WILL BE LIABLE TO THE OTHER PARTY IN CONTRACT, TORT OR OTHERWISE FOR ANY: 10.3.1 1. SPECIAL, INCIDENTAL. INDIRECT OR CONSEQUENTIAL DAMAGES; 2. LOSS OF SALES ANY OF THE FOLLOWING: PROFITS, REVENUE, BUSINESS, ANTICIPATED SAVINGS, USE OF ANY PRODUCT OR BUSINESS;SERVICE, OPPORTUNITY, GOODWILL OR REPUTATION: OR 10.3.2 3. LOST OR DAMAGED DATA. d. REFERENCES IN THIS SECTION 19 TO (1) A ‘PARTY’ INCLUDES A PARTY’S AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SUPPLIERS AND (2) “LIABILITY” INCLUDES LIABILITY ARISING FROM CONTRACT, TORT (INCLUDING NEGLIGENCE), UNDER ANY INDEMNITY, STRICT LIABILITY OR OTHERWISE, IN EACH CASE EVEN IF A PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF THAT LIABILITY. IN SECTION c, REFERENCES TO “LOSS” REFERS TO ANY AND ALL KINDS OF LOSS OF REVENUE; 10.3.3 LOSS OF PROFIT; 10.3.4 LOSS OF USE CR DAMAGE INCLUDING. WITHOUT LIMITATION, ANY DAMAGES, FINES, COSTS, CHARGES, FEES OR CORRUPTION OF SOFTWARE, DATA OR INFORMATION; 10.3.5 LOSS OF CONTRACTS; 10.3.6 WASTED EXPENDITURE;OTHER LIABILITY.

LIMITATION AND EXCLUSION OF LIABILITY. 10.1 EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, ALL WARRANTIES AND CONDITIONS WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE ARE HEREBY EXCLUDED TO THE EXTENT PERMITTED BY LAW. 10.2 NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR RESTRICT IN ANY WAY THE LIABILITY OF EITHER PARTY ARISING FROM OR IN CONNECTION WITH: 10.2.1 DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE, OR THAT OF ITS EMPLOYEES, AGENTS OR SUB-CONTRACTORS (AS APPLICABLE); OR 10.2.2 FRAUD, FRAUDULENT ACTIVITY OR FRAUDULENT MISREPRESENTATION BY IT OR ITS EMPLOYEES, AGENTS OR SUB-CONTRACTORS (AS APPLICABLE); OR 10.2.3 ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. 10.3 SUBJECT TO CLAUSE 10.2, NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY IN CONTRACT, TORT OR OTHERWISE FOR ANY: 10.3.1 LOSS OF SALES OR BUSINESS; 10.3.2 LOSS OF REVENUE; 10.3.3 LOSS OF PROFIT; 10.3.4 LOSS OF USE OR CORRUPTION OF SOFTWARE, DATA OR INFORMATION; 10.3.5 LOSS OF CONTRACTS; 10.3.6 WASTED EXPENDITURE;