Common use of LIMITATION OF LIABILTY Clause in Contracts

LIMITATION OF LIABILTY. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOST PROFITS, WHETHER BASED ON CONTRACT OR TORT (INCLUDING NEGLIGENCE), REGARDLESS OF WHETHER SUPPLIER KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. THE FOREGOING LIMITATION OF LIABILTY SHALL NOT APPLY TO ANY BREACH OF THE CONFIDENTIAL OBLIGATIONS SET FORTH IN SECTION 12 (CONFIDENTIALITY AND PUBLICITY), ANY OBLIGATION OF INDEMNITY UNDER SECTION 13 (INTELLECTUAL PROPERTY) OR SECTION 16 (HAZARDOUS MATERIALS) OR ANY CLAIM ARISING FROM DEATH, BODILY INJURY OR TANGIBLE PROPERTY DAMAGE. Note. The actual section numbers in the final purchase agreement may vary from the section numbers stated above. *** Indicates text has been omitted from this Exhibit pursuant to a confidential treatment request and has been filed separately with the Securities and Exchange Commission. Impinj and Intel Proprietary and Confidential 2009-12-21 PRICING ADDENDUM Production Units In the calendar years set forth below, production units of the “Xxxxxxxx” RFID Product (as described in Exhibit A which are delivered as ***) from Impinj may not exceed the pricing set forth in the tables below. RFID Production Unit Pricing: Q1’10 to 04’14 *** Cost in US$ *** with all features outlined in Appendix A Volume (M units/year) 2010 2011 2012 2013 2014 *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** Cost in US$ *** with all features outlined in Appendix A Volume (M units/year) 2010 2011 2012 2013 2014 *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** Indicates text has been omitted from this Exhibit pursuant to a confidential treatment request and has been filed separately with the Securities and Exchange Commission. Q&R Addendum PERFORMANCE STANDARDS/QUALITY REQUIREMENTS SPECIFICATION NUMBER SPECIFICATION TITLE *** *** *** *** *** *** *** *** *** *** *** ***

LIMITATION OF LIABILTY. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOST PROFITS, WHETHER BASED ON CONTRACT OR TORT (INCLUDING NEGLIGENCE), REGARDLESS OF WHETHER SUPPLIER KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. THE FOREGOING LIMITATION OF LIABILTY SHALL NOT APPLY TO ANY BREACH OF THE CONFIDENTIAL OBLIGATIONS SET FORTH IN SECTION 12 (CONFIDENTIALITY AND PUBLICITY), ANY OBLIGATION OF INDEMNITY UNDER SECTION 13 (INTELLECTUAL PROPERTY) OR SECTION 16 (HAZARDOUS MATERIALS) OR ANY CLAIM ARISING FROM DEATH, BODILY INJURY OR TANGIBLE PROPERTY DAMAGE. Note. The actual section numbers in the final purchase agreement may vary from the section numbers stated above. *** Indicates text that confidential treatment has been omitted from sought for this Exhibit pursuant to a confidential treatment request and has been filed separately with the Securities and Exchange Commission. Impinj and Intel Proprietary and Confidential 2009-12-21 information PRICING ADDENDUM Production Units In the calendar years set forth below, production units of the “Xxxxxxxx” RFID Product (as described in Exhibit A which are delivered as ***) from Impinj may not exceed the pricing set forth in the tables below. RFID Production Unit Pricing: Q1’10 to 04’14 *** Cost in US$ *** with all features outlined in Appendix A Volume (M units/year) 2010 2011 2012 2013 2014 *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** Cost in US$ *** with all features outlined in Appendix A Volume (M units/year) 2010 2011 2012 2013 2014 *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** Indicates text that confidential treatment has been omitted from sought for this Exhibit pursuant to a confidential treatment request and has been filed separately with the Securities and Exchange Commission. information Q&R Addendum PERFORMANCE STANDARDS/QUALITY REQUIREMENTS SPECIFICATION NUMBER SPECIFICATION TITLE *** *** *** *** *** *** *** *** *** *** *** ***