Common use of Limitation of Liability; No Warranties Clause in Contracts

Limitation of Liability; No Warranties. Ohio State shall not be liable to Company for any damage arising from any event that is out of the control of Ohio State or is not caused by Ohio State. In no event shall liability exceed the amounts paid for the applicable SOW to Ohio State by Company. Beyond such amounts actually paid in the previous quarter for the particular SOW, Ohio State shall not be liable to Company for direct, indirect, special, incidental, exemplary, consequential, or any other form of money damages, including, but not limited to, lost profits, or for the loss of data or information of any kind, however caused, and arising out of or in connection with the use of or performance of a system or supercomputer computational resource, or the provision of services or performance hereunder, whether based in contract, tort, or any other legal theory, and whether or not Ohio State has been made aware of the possibility of those damages. OTHER THAN AS EXPLICITLY SET FORTH HEREIN, OHIO STATE MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, NON-INFRINGEMENT, ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

Limitation of Liability; No Warranties. Ohio State shall not be liable to Company for any damage arising from any event that is out of the control of Ohio State or is not caused by Ohio State. In no event shall liability exceed the amounts paid for the applicable SOW to Ohio State by Company. Beyond such amounts actually paid in the previous quarter for the particular SOW, Ohio State shall not be liable to Company for direct, indirect, special, incidental, exemplary, consequential, or any other form of money damages, including, but not limited to, lost profits, or for the loss of data or information of any kind, however caused, and arising out of or in connection with the use of or performance of a system or supercomputer computational resource, or the provision of services or performance hereunder, whether based in contract, tort, or any other legal theory, and whether or not Ohio State has been made aware of the possibility of those damages. OTHER THAN AS EXPLICITLY SET FORTH HEREIN, OHIO STATE MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, NON-INFRINGEMENT, ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

Limitation of Liability; No Warranties. Ohio State shall not be liable to Company for any damage arising from any event that is out of the control of Ohio State or is not caused by Ohio State. In no event shall Ohio State’s liability exceed the amounts paid for the applicable SOW to Ohio State by Company. Beyond such amounts actually paid in the previous quarter for the particular SOW, Ohio State shall not be liable to Company for direct, indirect, special, incidental, exemplary, consequential, or any other form of money damages, including, but not limited to, lost profits, or for the loss of data or information of any kind, however caused, and arising out of or in connection with the use of or performance of a system or supercomputer computational resource, or the provision of services or performance hereunder, whether based in contract, tort, or any other legal theory, and whether or not Ohio State has been made aware of the possibility of those damages. OTHER THAN AS EXPLICITLY SET FORTH HEREIN, OHIO STATE MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, NON-INFRINGEMENT, ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.