Common use of LIMITATION ON DAMAGES AND ALLOCATION OF RISK Clause in Contracts

LIMITATION ON DAMAGES AND ALLOCATION OF RISK. 16.1 Except to the extent of ActaMed's obligation to indemnify UHC as provided in [*] IN NO EVENT SHALL EITHER PARTY'S LIABILITY TO THE OTHER PARTY (INCLUDING LIABILITY TO ANY PERSON WHOSE CLAIM OR CLAIMS ARE BASED ON OR DERIVED FROM A RIGHT OR RIGHTS CLAIMED BY THE OTHER PARTY) WITH RESPECT TO ANY AND ALL CLAIMS ARISING FROM OR RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT IN CONTRACT, TORT OR OTHERWISE, EXCEED [*]. 16.2 NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY (NOR TO ANY PERSON CLAIMING RIGHTS DERIVED FROM THE OTHER PARTY'S RIGHTS) FOR INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KING (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF BUSINESS OR OTHER ECONOMIC DAMAGE) AS A RESULT OF BREACH OF THIS AGREEMENT. 16.3 Notwithstanding anything to the contrary set forth in this Agreement, ActaMed shall not be responsible for any breach of this Agreement or loss to UHC to the extent such breach or loss is caused by materials that ActaMed purchased from UHC or services provided by UHC.

LIMITATION ON DAMAGES AND ALLOCATION OF RISK. 16.1 Except to the extent of ActaMed's obligation to indemnify UHC as provided in [*] paragraph 11.2, UHC's obligations under paragraph 12, and the obligations of each party with respect to the intellectual property of the other, IN NO EVENT SHALL EITHER PARTY'S LIABILITY TO THE OTHER PARTY (INCLUDING LIABILITY TO ANY PERSON WHOSE CLAIM OR CLAIMS ARE BASED ON OR DERIVED FROM A RIGHT OR RIGHTS CLAIMED BY THE OTHER PARTY) WITH RESPECT TO ANY AND ALL CLAIMS ARISING FROM OR RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT IN CONTRACT, TORT OR OTHERWISE, EXCEED [*]FIVE MILLION DOLLARS ($5,000,000). 16.2 NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY (NOR TO ANY PERSON CLAIMING RIGHTS DERIVED FROM THE OTHER PARTY'S RIGHTS) FOR INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KING (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF BUSINESS OR OTHER ECONOMIC DAMAGE) AS A RESULT OF BREACH OF THIS AGREEMENT. 16.3 Notwithstanding anything to the contrary set forth in this Agreement, ActaMed shall not be responsible for any breach of this Agreement or loss to UHC to the extent such breach or loss is caused by materials that ActaMed purchased from UHC or services provided by UHC.

LIMITATION ON DAMAGES AND ALLOCATION OF RISK. 16.1 Except to the extent of ActaMed's obligation to indemnify UHC as provided in [*] 6.1 WITH THE EXCEPTION OF DATAHEALTH’S INDEMNIFICATION OBLIGATIONS PURSUANT TO SECTION 7, IN NO EVENT SHALL EITHER PARTY'S DATAHEALTH’S LIABILITY TO THE OTHER PARTY CUSTOMER (INCLUDING LIABILITY TO ANY PERSON WHOSE CLAIM OR CLAIMS ARE BASED ON OR DERIVED FROM A RIGHT OR RIGHTS CLAIMED BY THE OTHER PARTYCUSTOMER) WITH RESPECT TO ANY AND ALL CLAIMS ARISING FROM OR RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT AGREEMENT, IN CONTRACT, TORT OR OTHERWISE, EXCEED [*]AN AMOUNT EQUAL TO THE LAST SIX (6) MONTHS OF FEES PAID BY CUSTOMER PURSUANT TO THE PATTLOCK™ ORDER. 16.2 NEITHER PARTY 6.2 WITH THE EXCEPTION OF DATAHEALTH’S INDEMNIFICATION OBLIGATIONS PURSUANT TO SECTION 7, DATAHEALTH SHALL NOT BE LIABLE TO THE OTHER PARTY CUSTOMER (NOR TO ANY PERSON CLAIMING RIGHTS DERIVED FROM THE OTHER PARTY'S CUSTOMER’S RIGHTS) FOR INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KING KIND (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF BUSINESS OR OTHER ECONOMIC DAMAGE) AS A RESULT OF BREACH OF THIS AGREEMENT. 16.3 6.3 Notwithstanding anything to the contrary set forth in this Agreement, ActaMed DataHEALTH shall not be responsible for any breach of this Agreement or loss to UHC Customer to the extent such breach or loss is caused caused, in whole or in part, by materials that ActaMed purchased from UHC negligent or services provided by UHCintentional misconduct of Customer.