Common use of Limitation of Members’ Liability Clause in Contracts

Limitation of Members’ Liability. The Member shall have no liability to LLC for any Damages, except as provided in Paragraphs 8.2 and 8.3 hereof, and except with respect to Research Services that are not performed (other than as a result of an amendment of a Research Service Order pursuant to Section 2.6, termination of a Research Project pursuant to Section 2.7 hereof, termination of this Research Services Agreement pursuant to Section 3.1, for reasons attributed to LLC or during a period of excused performance pursuant to Article 7) or that are, because of the gross negligence of the Member or its subcontractor, performed improperly, with respect to which. LLC’s sole and exclusive remedy and Member’s sole and exclusive liability with respect to Research Services performed improperly because of the gross negligence of the Member or its subcontractor will be for the Member to properly perform (or cause to be properly performed) said Research Services at no additional cost to LLC.