Common use of Limitation of Liability; Damages Clause in Contracts

Limitation of Liability; Damages. EXCEPT AS PROVIDED IN SECTION 7.2 BELOW, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVER, WHETHER IN CONTRACT, WARRANTY OR TORT, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, COVER, LOSS OF OR INTERRUPTION OF BUSINESS OF CUSTOMER OR ANY OTHER PARTY ARISING OUT OF OR IN CONNECTION WITH THE DELIVERY, USE OR PERFORMANCE OF THE SERVICES, THE DELIVERABLES, ANY SOFTWARE OR ANY OTHER PORTIONS OF THIS EXHIBIT WERE OMITTED AND HAVE BEEN FILED SEPARATELY WITH THE SECRETARY OF THE COMMISSION PURSUANT TO AN APPLICATION FOR CONFIDENTIAL TREATMENT UNDER RULE 24B-2 OF THE SECURITIES EXCHANGE ACT; [***] DENOTES OMISSIONS. MATERIALS OR ITEMS EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL VIRTUSA’S LIABILITY TO CUSTOMER FOR ANY CLAIM ARISING OUT OF THIS AGREEMENT OR ANY WORK ORDER HEREUNDER EXCEED THE AMOUNT ACTUALLY PAID TO VIRTUSA BY CUSTOMER UNDER THE APPLICABLE Work Order FROM WHICH SUCH CLAIM AROSE.

Limitation of Liability; Damages. EXCEPT A. ANY SPECIFICATION, DESCRIPTION, OR OBJECTIVE IN THIS AGREEMENT CONCERNING THE OPERATION OF THE ILS IS A STATEMENT OF THE UNDERSTANDING OF THE PARTIES AS PROVIDED IN SECTION 7.2 BELOWTO THE DESIGN AND SERVICE OBJECTIVES OF THE ILS, IN NO EVENT AND DOES NOT CREATE AN EXPRESS OR IMPLIED WARRANTY THAT THE ILS DOES OR WILL ALWAYS CONTINUE TO OPERATE AS DESCRIBED. B. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, NEITHER SWAN NOR ITS OFFICERS, BOARD MEMBERS, EMPLOYEES OR AGENTS SHALL EITHER PARTY BE LIABLE TO OR THROUGH THE MEMBER FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT (WITH THE EXCEPTION OF PERSONAL INJURY AND PROPERTY DAMAGE DIRECTLY CAUSED BY WILLFUL AND WANTON CONDUCT), INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUES OR FAILURE TO REALIZE EXPECTED SAVINGS) SUSTAINED OR INCURRED IN CONNECTION WITH THE PERFORMANCE OR NONPERFORMANCE OF SERVICES UNDER THIS AGREEMENT, AND ANY NATURE WHATSOEVERAMENDMENTS THERETO, OR THE PROVISION, USE OR OPERATION OF THE ILS OR SERVICES PROVIDED PURSUANT TO THIS AGREEMENT AND ANY AMENDMENTS THERETO, REGARDLESS OF THE FORM OF ACTION AND WHETHER IN CONTRACT, WARRANTY OR TORTNOT SUCH DAMAGES ARE FORESEEABLE. C. NEITHER PARTY TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATIONTHEIR OFFICERS, DAMAGES BOARD MEMBERS, EMPLOYEES AND AGENTS, SHALL BE LIABLE IN ANY WAY FOR LOSS OF PROFITSDELAYS, REVENUE, DATA, COVERFAILURE IN PERFORMANCE, LOSS OF OR INTERRUPTION OF BUSINESS OF CUSTOMER DAMAGE DUE TO FORCE MAJEURE CONDITIONS OR CAUSES BEYOND SUCH PARTY’S REASONABLE CONTROL. D. ANY OTHER PARTY ACTION IN LAW OR IN EQUITY ARISING OUT OF FROM OR IN CONNECTION WITH ANY MATTER UNDER THIS AGREEMENT MUST BE BROUGHT WITHIN TWO YEARS AFTER THE DELIVERYCAUSE OF ACTION HAS ACCRUED. ANY SUCH ACTION SHALL BE LITIGATED IN THE CIRCUIT COURT OF XXXX COUNTY, USE ILLINOIS (AND IN NO OTHER STATE OR PERFORMANCE FEDERAL COURT) AND THE PARTIES HERETO CONSENT TO THE JURISDICTION OF THE SERVICESSAID CIRCUIT COURT OF XXXX COUNTY. E. EXCEPT AS SET FORTH EXPRESSLY IN THIS AGREEMENT, NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABLILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE MADE BY SWAN. F. THE DELIVERABLES, ANY SOFTWARE OR ANY OTHER PORTIONS TERMS AND CONDITIONS IN THIS SECTION 9 SHALL SURVIVE THE TERMINATION OF THIS EXHIBIT WERE OMITTED AND HAVE BEEN FILED SEPARATELY WITH THE SECRETARY OF THE COMMISSION PURSUANT TO AN APPLICATION FOR CONFIDENTIAL TREATMENT UNDER RULE 24B-2 OF THE SECURITIES EXCHANGE ACT; [***] DENOTES OMISSIONS. MATERIALS OR ITEMS EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL VIRTUSA’S LIABILITY TO CUSTOMER FOR ANY CLAIM ARISING OUT OF THIS AGREEMENT OR ANY WORK ORDER HEREUNDER EXCEED THE AMOUNT ACTUALLY PAID TO VIRTUSA BY CUSTOMER UNDER THE APPLICABLE Work Order FROM WHICH SUCH CLAIM AROSEAGREEMENT.

Limitation of Liability; Damages. EXCEPT a. ANY SPECIFICATION, DESCRIPTION, OR OBJECTIVE IN THIS AGREEMENT CONCERNING THE OPERATION OF THE ILS IS A STATEMENT OF THE UNDERSTANDING OF THE PARTIES AS PROVIDED IN SECTION 7.2 BELOWTO THE DESIGN AND SERVICE OBJECTIVES OF THE ILS, IN NO EVENT AND DOES NOT CREATE AN EXPRESS OR IMPLIED WARRANTY THAT THE ILS DOES OR WILL ALWAYS CONTINUE TO OPERATE AS DESCRIBED. b. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, NEITHER PRAIRIECAT NOR ITS OFFICERS, ADMINISTRATIVE COUNCIL MEMBERS, EMPLOYEES OR AGENTS SHALL EITHER PARTY BE LIABLE TO OR THROUGH THE MEMBER FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT (WITH THE EXCEPTION OF PERSONAL INJURY AND PROPERTY DAMAGE DIRECTLY CAUSED BY WILLFUL AND WANTON CONDUCT), INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUES OR FAILURE TO REALIZE EXPECTED SAVINGS) SUSTAINED OR INCURRED IN CONNECTION WITH THE PERFORMANCE OR NONPERFORMANCE OF SERVICES UNDER THIS AGREEMENT, AND ANY NATURE WHATSOEVERAMENDMENTS THERETO, OR THE PROVISION, USE OR OPERATION OF THE ILS OR SERVICES PROVIDED PURSUANT TO THIS AGREEMENT AND ANY AMENDMENTS THERETO, REGARDLESS OF THE FORM OF ACTION AND WHETHER IN CONTRACT, WARRANTY OR TORTNOT SUCH DAMAGES ARE FORESEEABLE. c. NEITHER PARTY TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATIONTHEIR OFFICERS, DAMAGES ADMINISTRATIVE COUNCIL MEMBERS, EMPLOYEES AND AGENTS, SHALL BE LIABLE IN ANY WAY FOR LOSS OF PROFITSDELAYS, REVENUE, DATA, COVERFAILURE IN PERFORMANCE, LOSS OF OR INTERRUPTION OF BUSINESS OF CUSTOMER DAMAGE DUE TO FORCE MAJEURE CONDITIONS OR CAUSES BEYOND SUCH PARTYʼS REASONABLE CONTROL. d. ANY OTHER PARTY ACTION IN LAW OR IN EQUITY ARISING OUT OF FROM OR IN CONNECTION WITH THE DELIVERY, USE OR PERFORMANCE OF THE SERVICES, THE DELIVERABLES, ANY SOFTWARE OR ANY OTHER PORTIONS OF THIS EXHIBIT WERE OMITTED AND HAVE BEEN FILED SEPARATELY WITH THE SECRETARY OF THE COMMISSION PURSUANT TO AN APPLICATION FOR CONFIDENTIAL TREATMENT MATTER UNDER RULE 24B-2 OF THE SECURITIES EXCHANGE ACT; [***] DENOTES OMISSIONS. MATERIALS OR ITEMS EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL VIRTUSA’S LIABILITY TO CUSTOMER FOR ANY CLAIM ARISING OUT OF THIS AGREEMENT OR ANY WORK ORDER HEREUNDER EXCEED MUST BE BROUGHT WITHIN TWO YEARS AFTER THE AMOUNT ACTUALLY PAID TO VIRTUSA BY CUSTOMER UNDER THE APPLICABLE Work Order FROM WHICH SUCH CLAIM AROSE.CAUSE OF ACTION HAS

Limitation of Liability; Damages. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, EXCEPT AS PROVIDED IN SECTION 7.2 BELOWFOR LIABILITY OF BSG FOR (i) THE INTENTIONAL OR WILLFUL MISCONDUCT, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVEFRAUD, OR CONSEQUENTIAL DAMAGES RECKLESSNESS OF ANY NATURE WHATSOEVERBSG OR (II) CLAIMS FOR BODILY INJURY, INCLUDING DEATH, AND DAMAGE TO REAL PROPERTY OR TANGIBLE PERSONAL PROPERTY RESULTING FROM THE NEGLIGENCE OF BSG, OR ARISING PURSUANT TO SUBSCRIBER’S BREACH OF SECTION 3.2, 4, 8, OR 11, OR FEES OWED BSG, AND REGARDLESS OF WHETHER SOUNDING IN CONTRACT, WARRANTY OR TORT, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS CONTRACT OR OTHER LEGAL THEORY: (a) THE CUMULATIVE AGGREGATE LIABILITY OF PROFITS, REVENUE, DATA, COVER, LOSS OF OR INTERRUPTION OF BUSINESS OF CUSTOMER OR ANY OTHER A PARTY AND ITS AFFILIATES ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE LESSER OF: (i) THE RECURRING FEES PAID BY SUBSCRIBER HEREUNDER DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY; OR (ii) THE ACTUAL DIRECT DAMAGES SUFFERED BY THE OTHER PARTY; AND (b) UNDER NO CIRCUMSTANCES WILL EITHER PARTY HAVE ANY OBLIGATION OR LIABILITY TO THE OTHER HEREUNDER FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, CONSEQUENTIAL OR SPECIAL DAMAGES INCURRED BY THE OTHER PARTY (INCLUDING DAMAGES FOR LOST BUSINESS, LOST PROFITS OR DAMAGES TO BUSINESS REPUTATION), REGARDLESS OF HOW SUCH DAMAGES ARISE AND REGARDLESS OF WHETHER OR NOT A PARTY WAS ADVISED SUCH DAMAGES MIGHT ARISE. (c) SECTION 12.4(a) WILL NOT LIMIT A PARTY’S LIABILITY IN CONNECTION WITH THE DELIVERY, USE OR PERFORMANCE OF THE SERVICES, THE DELIVERABLES, ANY SOFTWARE OR ANY OTHER PORTIONS OF THIS EXHIBIT WERE OMITTED ITS DEFENSE AND HAVE BEEN FILED SEPARATELY WITH THE SECRETARY OF THE COMMISSION PURSUANT TO AN APPLICATION FOR CONFIDENTIAL TREATMENT UNDER RULE 24B-2 OF THE SECURITIES EXCHANGE ACT; [***] DENOTES OMISSIONS. MATERIALS OR ITEMS EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL VIRTUSA’S LIABILITY TO CUSTOMER FOR ANY CLAIM ARISING OUT OF THIS AGREEMENT OR ANY WORK ORDER HEREUNDER EXCEED THE AMOUNT ACTUALLY PAID TO VIRTUSA BY CUSTOMER UNDER THE APPLICABLE Work Order FROM WHICH SUCH CLAIM AROSEINDEMNIFICATION OBLIGATIONS.

Limitation of Liability; Damages. EXCEPT AS PROVIDED IN SECTION 7.2 BELOW, IN NO EVENT SHALL EITHER NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVER, WHETHER IN CONTRACT, WARRANTY OR TORTINDIRECT DAMAGES, INCLUDING WITHOUT LIMITATIONANY LOST PROFITS OR OTHER INCIDENTAL OR CONSEQUENTIAL, DAMAGES FOR LOSS EXEMPLARY OR SPECIAL DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF PROFITS, REVENUE, DATA, COVER, LOSS OF OR INTERRUPTION OF BUSINESS OF CUSTOMER OR ANY OTHER PARTY LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING THE DELIVERY, USE OR PERFORMANCE OF THE SERVICESINABILITY TO USE ANY LICENSED PATENT, THE DELIVERABLESISF COVERED PATENT, ANY SOFTWARE OR ANY OTHER PORTIONS OF THIS EXHIBIT WERE OMITTED AND HAVE BEEN FILED SEPARATELY WITH THE SECRETARY OF THE COMMISSION PURSUANT TO AN APPLICATION FOR CONFIDENTIAL TREATMENT UNDER RULE 24B-2 OF THE SECURITIES EXCHANGE ACT; [***] DENOTES OMISSIONS. MATERIALS OR ITEMS LICENSED PRODUCT, EVEN IF THAT SUCH PARTY HAS OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN NO EVENT SHALL VIRTUSATHIS AGREEMENT, (a) EXCEPT AS SET FORTH IN SECTION 7.6(b), ISF1’S AGGREGATE LIABILITY TO CUSTOMER FOR ANY CLAIM CLAIMS ARISING OUT OF UNDER THIS AGREEMENT OR ANY WORK ORDER HEREUNDER WILL NOT EXCEED THE AMOUNT ACTUALLY PAID FAIR MARKET VALUE OF ISF1’S EQUITY IN LICENSEE (AS-CONVERTED, FULLY-DILUTED) AT THE TIME SUCH LIABILITY MUST BE SATISF1ED (WHICH LIABILITY MAY BE SATISF1ED BY ISF1 SURRENDERING ITS EQUITY IN LICENSEE OR BY PAYINGTHEFAIRMARKETVALUE THEREOF IN CASH, AT ISF1’S ELECTION), AND (b) EXCEPT AS SET FORTH IN SECTION 7.6(a), LICENSEE’S AGGREGATE LIABILITY UNDER THIS AGREEMENT WITH REGARD TO VIRTUSA CLAIMS ASSERTED BY CUSTOMER UNDER ISF1 AGAINST LICENSEE WILL NOT EXCEED THE APPLICABLE Work Order FROM WHICH FAIR MARKET VALUE OF ISF1’S EQUITY IN LICENSEE (AS-CONVERTED, FULLY-DILUTED) AT THE TIME SUCH CLAIM AROSELIABILITY MUST BE SATISF1ED.

Limitation of Liability; Damages. EXCEPT AS PROVIDED IN SECTION 7.2 BELOWREGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, IN NO EVENT SHALL EITHER PARTY WILL FOURSQUARE OR ITS VENDORS (INCLUDING DATA SUPPLIERS) BE LIABLE TO YOU OR TO ANY THIRD PARTY UNDER ANY TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST OR CORRUPTED DATA, COMPUTER FAILURE OR MALFUNCTION, INTERRUPTION OF BUSINESS, OR OTHER SPECIAL, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVER, WHETHER IN CONTRACT, WARRANTY OR TORT, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, COVER, LOSS OF OR INTERRUPTION OF BUSINESS OF CUSTOMER OR ANY OTHER PARTY KIND ARISING OUT OF OR IN CONNECTION WITH THE DELIVERY, USE OR PERFORMANCE INABILITY TO USE THE FOURSQUARE SERVICE OR ANY DAMAGES, IN THE AGGREGATE, IN EXCESS OF THE SERVICESPREVIOUS TWELVE (12) MONTHS OF FEES PAID, THE DELIVERABLES, ANY SOFTWARE OR ANY OTHER PORTIONS OF THIS EXHIBIT WERE OMITTED AND HAVE BEEN FILED SEPARATELY WITH THE SECRETARY OF THE COMMISSION PURSUANT TO AN APPLICATION FOR CONFIDENTIAL TREATMENT UNDER RULE 24B-2 OF THE SECURITIES EXCHANGE ACT; [***] DENOTES OMISSIONS. MATERIALS OR ITEMS EVEN IF THAT PARTY FOURSQUARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESLOSS OR DAMAGES AND WHETHER OR NOT SUCH LOSS OR DAMAGES ARE FORESEEABLE. IN NO EVENT SHALL VIRTUSA’S FOURSQUARE DISCLAIMS ALL LIABILITY TO CUSTOMER OF ANY KIND FOR ITS VENDORS. ANY CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY WORK ORDER HEREUNDER EXCEED MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE AMOUNT ACTUALLY PAID OCCURRENCE OF THE EVENT GIVING RISE TO VIRTUSA BY CUSTOMER UNDER THE APPLICABLE Work Order FROM WHICH SUCH CLAIM AROSECLAIM.

Limitation of Liability; Damages. EXCEPT A. ANY SPECIFICATION, DESCRIPTION, OR OBJECTIVE IN THIS AGREEMENT CONCERNING THE OPERATION OF THE ILS IS A STATEMENT OF THE UNDERSTANDING OF THE PARTIES AS PROVIDED IN SECTION 7.2 BELOWTO THE DESIGN AND SERVICE OBJECTIVES OF THE ILS, IN NO EVENT AND DOES NOT CREATE AN EXPRESS OR IMPLIED WARRANTY THAT THE ILS DOES OR WILL ALWAYS CONTINUE TO OPERATE AS DESCRIBED. B. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, NEITHER PRAIRIECAT NOR ITS OFFICERS, ADMINISTRATIVE COUNCIL MEMBERS, EMPLOYEES OR AGENTS SHALL EITHER PARTY BE LIABLE TO OR THROUGH THE MEMBER FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT (WITH THE EXCEPTION OF PERSONAL INJURY AND PROPERTY DAMAGE DIRECTLY CAUSED BY WILLFUL AND WANTON CONDUCT), INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUES OR FAILURE TO REALIZE EXPECTED SAVINGS) SUSTAINED OR INCURRED IN CONNECTION WITH THE PERFORMANCE OR NONPERFORMANCE OF SERVICES UNDER THIS AGREEMENT, AND ANY NATURE WHATSOEVERAMENDMENTS THERETO, OR THE PROVISION, USE OR OPERATION OF THE ILS OR SERVICES PROVIDED PURSUANT TO THIS AGREEMENT AND ANY AMENDMENTS THERETO, REGARDLESS OF THE FORM OF ACTION AND WHETHER IN CONTRACT, WARRANTY OR TORTNOT SUCH DAMAGES ARE FORESEEABLE. C. NEITHER PARTY TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATIONTHEIR OFFICERS, DAMAGES ADMINISTRATIVE COUNCIL MEMBERS, EMPLOYEES AND AGENTS, SHALL BE LIABLE IN ANY WAY FOR LOSS OF PROFITSDELAYS, REVENUE, DATA, COVERFAILURE IN PERFORMANCE, LOSS OF OR INTERRUPTION OF BUSINESS OF CUSTOMER DAMAGE DUE TO FORCE MAJEURE CONDITIONS OR CAUSES BEYOND SUCH PARTY’S REASONABLE CONTROL. D. ANY OTHER PARTY ACTION IN LAW OR IN EQUITY ARISING OUT OF FROM OR IN CONNECTION WITH THE DELIVERY, USE OR PERFORMANCE OF THE SERVICES, THE DELIVERABLES, ANY SOFTWARE OR ANY OTHER PORTIONS OF THIS EXHIBIT WERE OMITTED AND HAVE BEEN FILED SEPARATELY WITH THE SECRETARY OF THE COMMISSION PURSUANT TO AN APPLICATION FOR CONFIDENTIAL TREATMENT MATTER UNDER RULE 24B-2 OF THE SECURITIES EXCHANGE ACT; [***] DENOTES OMISSIONS. MATERIALS OR ITEMS EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL VIRTUSA’S LIABILITY TO CUSTOMER FOR ANY CLAIM ARISING OUT OF THIS AGREEMENT OR ANY WORK ORDER HEREUNDER EXCEED MUST BE BROUGHT WITHIN TWO YEARS AFTER THE AMOUNT ACTUALLY PAID TO VIRTUSA BY CUSTOMER UNDER THE APPLICABLE Work Order FROM WHICH SUCH CLAIM AROSE.CAUSE OF ACTION HAS

Limitation of Liability; Damages. EXCEPT AS PROVIDED IN SECTION 7.2 BELOWTO THE EXTENT PERMITTED BY LAW, IN UNDER NO EVENT CIRCUMSTANCES SHALL EITHER PARTY TDC, ITS AFFILIATES OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIALSPECIAL OR CONSEQUENTIAL DAMAGES, PUNITIVELOSS OF PROFITS OR REVENUE, OR CONSEQUENTIAL DAMAGES INTERRUPTION OF BUSINESS IN ANY NATURE WHATSOEVERWAY ARISING OUT OF OR RELATED TO THE USE OR INABILITY TO USE THE TDC MATERIALS, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR TORTOTHERWISE, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, COVER, LOSS OF OR INTERRUPTION OF BUSINESS OF CUSTOMER OR ANY OTHER PARTY ARISING OUT OF OR IN CONNECTION WITH THE DELIVERY, USE OR PERFORMANCE OF THE SERVICES, THE DELIVERABLES, ANY SOFTWARE OR ANY OTHER PORTIONS OF THIS EXHIBIT WERE OMITTED AND HAVE BEEN FILED SEPARATELY WITH THE SECRETARY OF THE COMMISSION PURSUANT TO AN APPLICATION FOR CONFIDENTIAL TREATMENT UNDER RULE 24B-2 OF THE SECURITIES EXCHANGE ACT; [***] DENOTES OMISSIONS. MATERIALS OR ITEMS EVEN IF THAT PARTY HAS TDC, ITS AFFILIATES OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, UNDER NO CIRCUMSTANCES SHALL TDC, ITS AFFILATES OR ITS SUPPLIERS BE LIABLE FOR ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY DEVELOPER AS A RESULT OF (I) ANY RELIANCE PLACED BY DEVELOPER ON THE COMPLETENESS, ACCURACY OF THE SERVICE OR CONTENT, (II) ANY CHANGES WHICH TDC OR ITS SUPPLIERS MAY MAKE TO THE TDC MATERIALS OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES PROVIDED THROUGH THE TDC MATERIALS (OR ANY FEATURES WITHIN THE SERVICES), (III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH DEVELOPER’S USE OF THE TDC MATERIALS; (IV) DEVELOPER’S FAILURE TO PROVIDE TDC WITH ACCURATE ACCOUNT INFORMATION; OR (V) DEVELOPER’S FAILURE TO KEEP DEVELOPER’S PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL VIRTUSATDC’S, THE TDC CLIENTS’ OR TDC’S SUPPLIERS’ TOTAL AGGREGATE LIABILITY TO CUSTOMER FOR ANY CLAIM ARISING OUT OF THIS AGREEMENT OR ANY WORK ORDER HEREUNDER EXCEED THE AMOUNT ACTUALLY PAID TO VIRTUSA BY CUSTOMER UNDER THE APPLICABLE Work Order FROM WHICH SUCH CLAIM AROSEOF TWO-HUNDRED DOLLARS (US$200).

Limitation of Liability; Damages. EXCEPT AS PROVIDED IN 9.1. SUBJECT TO SECTION 7.2 BELOW9.2, (A) IN NO EVENT SHALL WILL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY SPECIAL, INDIRECT, INCIDENTAL, SPECIALCONSEQUENTIAL, PUNITIVE, OR CONSEQUENTIAL EXEMPLARY DAMAGES OF ANY NATURE WHATSOEVER, WHETHER IN CONTRACT, WARRANTY OR TORT, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, COVER, LOSS OF OR INTERRUPTION OF BUSINESS OF CUSTOMER OR ANY OTHER PARTY ARISING OUT OF OR IN CONNECTION WITH THE DELIVERYLICENSED SOFTWARE, USE SUBSCRIPTION, SERVICES, OR THE PERFORMANCE OR NONPERFORMANCE OF SERVICES OR ANY ORDER, REGARDLESS OF THE SERVICESTHEORY OF LIABILITY, THE DELIVERABLES, ANY SOFTWARE OR ANY OTHER PORTIONS OF THIS EXHIBIT WERE OMITTED AND HAVE BEEN FILED SEPARATELY WITH THE SECRETARY OF THE COMMISSION PURSUANT TO AN APPLICATION FOR CONFIDENTIAL TREATMENT UNDER RULE 24B-2 OF THE SECURITIES EXCHANGE ACT; [***] DENOTES OMISSIONS. MATERIALS OR ITEMS EVEN IF THAT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ; (B) IN NO EVENT SHALL VIRTUSA’S LIABILITY WILL EITHER PARTY BE LIABLE TO CUSTOMER THE OTHER PARTY FOR ANY CLAIM LOSS OF REVENUES, LOSS OF PROFITS, LOSS OF BUSINESS, OR LOSS OF DATA, ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE COMPANY SOFTWARE PRODUCTS, OR THE PERFORMANCE OR NONPERFORMANCE OF COMPANY SOFTWARE OR SERVICES; AND (C) COMPANY’S MAXIMUM LIABILITY UNDER THIS AGREEMENT OR ANY WORK ORDER HEREUNDER EXCEED IS LIMITED TO THE AMOUNT ACTUALLY FEES PAID TO VIRTUSA BY CUSTOMER UNDER THE APPLICABLE Work Order FROM ORDER TO WHICH SUCH THE CLAIM AROSERELATES DURING THE TWELVE (12) MONTHS PRECEDING THE DATE ON WHICH THE CLAIM FIRST ACCRUED. 9.2. NOTHING IN THIS AGREEMENT EXCLUDES OR LIMITS A PARTY’S LIABILITY FOR (A) FRAUD OR FRAUDULENT MISREPRESENTATION, OR (B) ANY LIABILITY WHICH CANNOT LEGALLY BE EXCLUDED OR LIMITED.