Common use of Limitation of Liability for HKS SIB Lab Clause in Contracts

Limitation of Liability for HKS SIB Lab. The Parties acknowledge that the Harvard Xxxxxxx School Social Impact Bond Technical Assistance Lab (“HKS SIB Lab”) is providing pro xxxx technical assistance to SCDHHS in connection with the PFS Project and that the services provided by the HKS SIB Lab involve the expression of professional ideas, judgments and opinions by members of the HKS SIB Lab. The Parties further acknowledge that it is in the Parties’ interest to have such ideas, judgments and opinions expressed frankly, without concern on the part of the HKS SIB Lab that such ideas, judgments and opinions will be deemed representations, warranties or covenants upon which the Parties may claim reliance. The Parties further acknowledge that Pay for Success initiatives are relatively new, little-used and little studied tools. Accordingly, the Parties understand and agree that the HKS SIB Lab does not hereby, and will not hereafter, warrant or make any representations concerning the accuracy of ideas, judgments, opinions, projections, analyses or estimates which any member of the HKS SIB Lab provides to the Parties under this Contract (collectively, “Work Product”). The Parties further agree that (i) any decision the Parties may make to rely on any Work Product shall be at their own risk; and (ii) no member of the HKS SIB Lab shall be liable to the Parties for, and the Parties shall not make any claim against any member of the HKS SIB Lab relating to, any claims, liabilities, losses, damages, costs or expenses of any kind which the Parties may at any time sustain or incur in connection with or arising out of any Work Product or the Parties’ reliance thereon or use thereof, other than claims, liabilities, losses, damages, costs and expenses resulting from the gross negligence or intentional misconduct of any member of the HKS SIB Lab. Without limiting the foregoing, in no event shall any member of the HKS SIB Lab be liable for any indirect, consequential, exemplary or punitive damages whatsoever in connection with claims arising under or relating to this Contract, whether based upon a claim or action of contract, warranty, negligence, strict liability.

Limitation of Liability for HKS SIB Lab. The Parties acknowledge that the Harvard Xxxxxxx School Social Impact Bond Technical Assistance Lab (“HKS SIB Lab”) is providing pro xxxx technical 7HFKQLFDO $VVHLKVSWSDIBQFLaHb´ /DLEV S³URYLGLQJ SUR E assistance to SCDHHS in connection with the PFS Project and that the services provided by the HKS SIB Lab involve the expression of professional ideas, judgments and opinions by members of the HKS SIB Lab. The Parties further acknowledge that it is in the Parties’ interest to have such ideas, judgments and DFNQRZOHGJH WKDW LW LV LQ WKH 3DUWLHV¶ LQ opinions expressed frankly, without concern on the part of the HKS SIB Lab that such ideas, judgments and opinions will be deemed representations, warranties or covenants upon which the Parties may claim reliance. The Parties further acknowledge that Pay for Success initiatives are relatively new, little-used and little studied tools. Accordingly, the Parties understand and agree that the HKS SIB Lab does not hereby, and will not hereafter, warrant or make any representations concerning the accuracy of ideas, judgments, opinions, projections, analyses or estimates which any member of the HKS SIB Lab provides to the Parties under this Contract (collectively, “Work Product”). The Parties further agree that (i) any FROOHFWoWrkLPYroHduOct\´ ³ 7KH 3DUWLHV IXUWKHU decision the Parties may make to rely on any Work Product shall be at their own risk; and (ii) no member of the HKS SIB Lab shall be liable to the Parties for, and the Parties shall not make any claim against any member of the HKS SIB Lab relating to, any claims, liabilities, losses, damages, costs or expenses of any kind which the Parties may at any time sustain or incur in connection with or arising out of any Work Product or the Parties’ reliance thereon or use thereof, other than RI DQ\ :RUN 3URGXFW RU WKH 3DUWLHV¶ UHOLD claims, liabilities, losses, damages, costs and expenses resulting from the gross negligence or intentional misconduct of any member of the HKS SIB Lab. Without limiting the foregoing, in no event shall any member of the HKS SIB Lab be liable for any indirect, consequential, exemplary or punitive damages whatsoever in connection with claims arising under or relating to this Contract, whether based upon a claim or action of contract, warranty, negligence, strict liability.