LIMITATION OF LIABILITY; EXCLUSION OF CERTAIN DAMAGES. Except for liabilities resulting from either Party’s actual intentional and/or willful misconduct, each Party’s liability hereunder shall not exceed the fees paid or payable by Partner within the one-year period immediately preceding the date that the alleged wrongful act first occurred. NEITHER PARTNER NOR ANDELA SHALL BE LIABLE TO ONE ANOTHER FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR OTHER INDIRECT DAMAGES, LOSSES, COSTS OR EXPENSES OF ANY KIND OR ANY LOST OR IMPUTED PROFITS ARISING OUT OF THIS AGREEMENT OR ANY AGREED UPON SOW OR ITS TERMINATION, HOWEVER CAUSED, AND WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY OR ANY OTHER THEORY OF LIABILITY REGARDLESS OF WHETHER SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, COSTS OR EXPENSES. EACH PARTY HERETO WAIVES ANY CLAIMS THAT THESE EXCLUSIONS DEPRIVE SUCH PARTY OF AN ADEQUATE REMEDY.
Appears in 8 contracts
Samples: Master Services Agreement, Master Services Agreement, Master Services Agreement
LIMITATION OF LIABILITY; EXCLUSION OF CERTAIN DAMAGES. Except for liabilities resulting from either Party’s actual intentional and/or willful misconductmisconduct or breach of Section 10 (Confidentiality), each Party’s liability hereunder shall not exceed the fees paid or payable by Partner Client within the one-year period immediately preceding the date that the alleged wrongful act first occurred. NEITHER PARTNER CLIENT NOR ANDELA SHALL BE LIABLE TO ONE ANOTHER FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR OTHER INDIRECT DAMAGES, LOSSES, COSTS OR EXPENSES OF ANY KIND OR ANY LOST OR IMPUTED PROFITS ARISING OUT OF THIS AGREEMENT OR ANY AGREED UPON SOW OR ITS TERMINATION, HOWEVER CAUSED, AND WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY OR ANY OTHER THEORY OF LIABILITY REGARDLESS OF WHETHER SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, COSTS OR EXPENSES. EACH PARTY HERETO WAIVES ANY CLAIMS THAT THESE EXCLUSIONS DEPRIVE SUCH PARTY OF AN ADEQUATE REMEDY.
Appears in 2 contracts
Samples: Master Services Agreement, Master Services Agreement
LIMITATION OF LIABILITY; EXCLUSION OF CERTAIN DAMAGES. Except for liabilities resulting from either Party’s actual intentional and/or willful misconduct, each Party’s liability hereunder shall not exceed the fees paid or payable by Partner Client within the one-year period immediately preceding the date that the alleged wrongful act first occurred. NEITHER PARTNER CLIENT NOR ANDELA SHALL BE LIABLE TO ONE ANOTHER FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR OTHER INDIRECT DAMAGES, LOSSES, COSTS OR EXPENSES OF ANY KIND OR ANY LOST OR IMPUTED PROFITS ARISING OUT OF THIS AGREEMENT OR ANY AGREED UPON SOW OR ITS TERMINATION, HOWEVER CAUSED, AND WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY OR ANY OTHER THEORY OF LIABILITY REGARDLESS OF WHETHER SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, COSTS OR EXPENSES. EACH PARTY HERETO WAIVES ANY CLAIMS THAT THESE EXCLUSIONS DEPRIVE SUCH PARTY OF AN ADEQUATE REMEDY.
Appears in 1 contract
Samples: Master Services Agreement