Common use of Limitation of Liability Clause in Contracts

Limitation of Liability. Unless otherwise specifically enumerated in the Contract or in the purchase order, neither the Department nor the Customer shall be liable for special, indirect, punitive, or consequential damages, including lost data or records (unless the Contract or purchase order requires the Contractor to back-up data or records), even if the Department or Customer has been advised that such damages are possible. Neither the Department nor the Customer shall be liable for lost profits, lost revenue, or lost institutional operating savings. The Department or Customer may, in addition to other remedies available to them at law or equity and upon notice to the Contractor, retain such monies from amounts due Contractor as may be necessary to satisfy any claim for damages, penalties, costs, and the like asserted by or against them. The State may set off any liability or other obligation of the Contractor or its affiliates to the State against any payments due the Contractor under any contract with the State.

Limitation of Liability. Unless otherwise specifically enumerated in the Contract or in the purchase order, neither the Department Department, Customer, nor the Customer Contractor shall be liable for special, indirect, punitive, or consequential damages, including lost data or records (unless the Contract or purchase order requires the Contractor to back-up data or records), even if the Department Department, Customer or Customer Contractor has been advised that such damages are possible. Neither the Department Department, Customer, nor the Customer Contractor shall be liable for lost profits, lost revenue, or lost institutional operating savings. The Department Department, Customer or Customer Contractor may, in addition to other remedies available to them at law or equity and upon notice to the Contractornotice, retain such monies from amounts due to Customer or Contractor as may be necessary to satisfy any claim for damages, penalties, costs, and the like asserted by or against them. The State may set off any liability or other obligation of the Contractor or its affiliates to the State against any payments due the Contractor under any contract with the State.