Common use of Limitation on Certain Damages Clause in Contracts

Limitation on Certain Damages. Notwithstanding anything to the contrary in this Agreement, and except with respect to any breach of any covenant or agreement contained in Section 7.2, Section 7.7 or Section 7.8, neither party nor its Affiliates shall be liable under this Agreement or any other Transaction Document (except as expressly provided in any such other Transaction Document) to the other party for any special, indirect, punitive, exemplary, consequential, remote, speculative or similar damages in excess of compensatory damages arising in connection with the transactions contemplated hereby and thereby (other than any such liability with respect to a Third Party Claim), whether or not advised of the possibility of such damages and whether or not such damages are reasonably foreseeable.

Appears in 4 contracts

Samples: Separation and Distribution Agreement, Separation and Distribution Agreement (Hp Inc), Separation and Distribution Agreement (Hewlett Packard Enterprise Co)

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Limitation on Certain Damages. Notwithstanding anything to the contrary in this Agreement, and except with respect to any breach of any covenant or agreement contained in Section 7.2, Section 7.7 or Section 7.8, neither party Party nor its Affiliates shall be liable under this Agreement or any other Transaction Document (except as expressly provided in any such other Transaction Document) to the other party Party for any special, indirect, punitive, exemplary, consequential, remote, speculative or similar damages (including loss of future profits, revenue or income, diminution in excess value or loss of compensatory damages arising in connection with the transactions contemplated hereby and thereby (other than any such liability with respect to a Third Party Claimbusiness reputation or opportunity), whether or not advised of the possibility of such damages and whether or not such damages are reasonably foreseeable, other than any such liability to the extent awarded by a court of competent jurisdiction in connection with a Third-Party Claim.

Appears in 1 contract

Samples: Separation and Distribution Agreement (Hewlett Packard Enterprise Co)

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