Common use of Limitation on Damages and Liability Clause in Contracts

Limitation on Damages and Liability. EXCEPT IN CIRCUMSTANCES OF INTENTIONAL MISCONDUCT BY A PARTY OR ITS AFFILIATES OR SUBLICENSEES (OR WITH RESPECT TO VIROPHARMA, ITS DISTRIBUTORS) OR WITH RESPECT TO THIRD PARTY CLAIMS UNDER SECTION 11.1 OR 11.2, NEITHER PARTY NOR ANY OF ITS AFFILIATES SHALL BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, MILESTONES OR ROYALTIES, WHETHER IN CONTRACT, WARRANTY, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF (A) THE DEVELOPMENT, MANUFACTURE, USE OR SALE OF THE LICENSED PRODUCTS UNDER THIS AGREEMENT, (B) THE USE OF OR REFERENCE TO THE PATENTS, KNOW-HOW OR REGULATORY DOCUMENTATION LICENSED HEREUNDER OR (C) ANY BREACH OF OR FAILURE TO PERFORM ANY OF THE PROVISIONS OF THIS AGREEMENT.

Limitation on Damages and Liability. EXCEPT IN CIRCUMSTANCES OF GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT BY A PARTY OR ITS AFFILIATES OR SUBLICENSEES (OR WITH RESPECT TO VIROPHARMALICENSEE, ITS SUBLICENSEES OR DISTRIBUTORS) ), OR WITH RESPECT TO LOSSES ARISING FROM THIRD PARTY CLAIMS UNDER SECTION 11.1 13.1 OR 11.213.2, NEITHER NO PARTY NOR OR ANY OF ITS THEIR RESPECTIVE AFFILIATES SHALL BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, MILESTONES OR ROYALTIES, WHETHER IN CONTRACT, WARRANTY, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF (Aa) THE DEVELOPMENT, MANUFACTURE, USE OR SALE OF THE LICENSED PRODUCTS PRODUCT OR LICENSED COMPOUND UNDER THIS AGREEMENT, (Bb) THE USE OF OR REFERENCE TO THE ANY PATENTS, KNOW-HOW OR HOW, REGULATORY DOCUMENTATION LICENSED HEREUNDER OR DRUG MASTER FILE, OR (Cc) ANY BREACH OF OF, OR FAILURE TO PERFORM PERFORM, ANY OF THE PROVISIONS OF THIS AGREEMENT.

Limitation on Damages and Liability. EXCEPT IN CIRCUMSTANCES OF GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT BY A PARTY OR ITS AFFILIATES OR SUBLICENSEES (OR WITH RESPECT TO VIROPHARMALICENSEE, ITS SUBLICENSEES OR DISTRIBUTORS) ), OR WITH RESPECT TO LOSSES ARISING FROM THIRD PARTY CLAIMS UNDER SECTION 11.1 13.1 OR 11.213.2, NEITHER NO PARTY NOR OR ANY OF ITS THEIR RESPECTIVE AFFILIATES SHALL BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, MILESTONES OR ROYALTIES, WHETHER IN CONTRACT, WARRANTY, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF (Aa) THE DEVELOPMENT, MANUFACTURE, USE OR SALE OF THE LICENSED PRODUCTS PRODUCT OR LICENSED COMPOUND UNDER THIS AGREEMENT, (Bb) THE USE OF OR REFERENCE TO THE ANY PATENTS, KNOW-HOW OR HOW, REGULATORY DOCUMENTATION LICENSED HEREUNDER OR DRUG MASTER FILE, OR (Cc) ANY BREACH OF OR FAILURE TO PERFORM ANY OF THE PROVISIONS OF THIS AGREEMENT.

Limitation on Damages and Liability. EXCEPT IN CIRCUMSTANCES OF GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT BY A PARTY OR ITS AFFILIATES OR SUBLICENSEES (OR WITH RESPECT TO VIROPHARMAOR, IN THE CASE OF LICENSEE, ITS DISTRIBUTORS) SUBCONTRACTORS OR SUBLICENSEES), OR WITH RESPECT TO THIRD PARTY CLAIMS UNDER SECTION 11.1 (INDEMNIFICATION OF SANOFI) OR 11.2SECTION 11.2 (INDEMNIFICATION OF LICENSEE), OR WITH RESPECT TO A BREACH OF ARTICLE 9 (CONFIDENTIALITY AND NON-DISCLOSURE), NEITHER PARTY NOR ANY OF ITS THEIR RESPECTIVE AFFILIATES SHALL BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, MILESTONES PROFITS OR ROYALTIESLOST REVENUE, WHETHER IN CONTRACT, WARRANTY, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF (A) THE DEVELOPMENT, MANUFACTURE, USE UNDER OR SALE OF THE LICENSED PRODUCTS UNDER IN CONNECTION WITH THIS AGREEMENT, (B) THE USE OF EVEN IF SUCH PARTY HAS BEEN INFORMED OR REFERENCE TO THE PATENTS, KNOW-HOW OR REGULATORY DOCUMENTATION LICENSED HEREUNDER OR (C) ANY BREACH OF OR FAILURE TO PERFORM ANY SHOULD HAVE KNOWN OF THE PROVISIONS POSSIBILITY OF THIS AGREEMENTSUCH DAMAGES.

Limitation on Damages and Liability. EXCEPT IN CIRCUMSTANCES OF GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT BY A PARTY OR ITS AFFILIATES OR SUBLICENSEES (AFFILIATES, OR WITH RESPECT TO VIROPHARMA, ITS DISTRIBUTORS) OR WITH RESPECT TO THIRD PARTY CLAIMS LOSSES INDEMNIFIED UNDER SECTION 11.1 12.1 OR 11.212.2, NEITHER NO PARTY NOR OR ANY OF ITS THEIR RESPECTIVE AFFILIATES SHALL BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, MILESTONES OR ROYALTIES, WHETHER IN CONTRACT, WARRANTY, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF (Aa) THE DEVELOPMENT, MANUFACTURE, COMMERCIALIZATION OR OTHER USE OR SALE OF THE LICENSED PRODUCTS PRODUCT OR LICENSED COMPOUND UNDER THIS AGREEMENT, (Bb) THE USE OF OR REFERENCE TO THE ANY PATENTS, KNOW-HOW INFORMATION, CLINICAL DATA, INTELLECTUAL PROPERTY RIGHT OR REGULATORY DOCUMENTATION LICENSED HEREUNDER OR (Cc) ANY BREACH OF OR FAILURE TO PERFORM ANY OF THE PROVISIONS OF THIS AGREEMENT.

Limitation on Damages and Liability. EXCEPT IN CIRCUMSTANCES OF GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT BY A PARTY OR ITS AFFILIATES OR SUBLICENSEES (OR WITH RESPECT TO VIROPHARMALICENSEE, ITS SUBLICENSEES OR DISTRIBUTORS) ), OR WITH RESPECT TO THIRD PARTY CLAIMS UNDER SECTION 11.1 12.1 OR 11.212.2, NEITHER NO PARTY NOR OR ANY OF ITS THEIR RESPECTIVE AFFILIATES SHALL BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, MILESTONES OR ROYALTIES, WHETHER IN CONTRACT, WARRANTY, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF (Aa) THE DEVELOPMENT, MANUFACTURE, USE OR SALE OF THE LICENSED PRODUCTS PRODUCT UNDER THIS AGREEMENT, (Bb) THE PRACTICE OF THE EOS TECHNOLOGY OR THE LICENSEE TECHNOLOGY, (c) THE USE OF OF, OR REFERENCE TO THE PATENTSTO, KNOW-HOW OR ANY REGULATORY DOCUMENTATION LICENSED HEREUNDER OR (Cd) ANY BREACH OF OR FAILURE TO PERFORM ANY OF THE PROVISIONS OF THIS AGREEMENT.

Limitation on Damages and Liability. EXCEPT IN CIRCUMSTANCES OF GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT BY A PARTY OR ITS AFFILIATES (OR SUBLICENSEES (IN THE CASE OF LICENSEE, ITS SUBCONTRACTORS AND/OR SUBLICENSEES), OR WITH RESPECT TO VIROPHARMA, ITS DISTRIBUTORS) OR WITH RESPECT TO THIRD PARTY CLAIMS UNDER SECTION 11.1 OR 11.2A BREACH OF ARTICLE 9 (CONFIDENTIALITY), NEITHER PARTY NOR ANY OF ITS THEIR RESPECTIVE AFFILIATES SHALL BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, MILESTONES OR ROYALTIES, WHETHER IN CONTRACT, WARRANTY, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF (A) THE RESEARCH, DEVELOPMENT, MANUFACTURE, COMMERCIALIZATION, EXPLOITATION, USE OR SALE OF THE LICENSED COMPOUNDS OR THE LICENSED PRODUCTS UNDER THIS AGREEMENT, AGREEMENT OR (B) THE USE OF OR REFERENCE TO THE PATENTS, LICENSED KNOW-HOW OR REGULATORY DOCUMENTATION LICENSED HEREUNDER OR (C) ANY BREACH OF OR FAILURE TO PERFORM ANY OF THE PROVISIONS OF THIS AGREEMENTTRANSFERRRED MATERIALS.