Common use of LIMITATIONS OF LIABILITY AND DISCLAIMER Clause in Contracts

LIMITATIONS OF LIABILITY AND DISCLAIMER. 13.1 THE TOTAL LIABILITY, IF ANY, OF PHILIPS AND ITS AFFILIATES FOR ALL DAMAGES AND BASED ON ALL CLAIMS, WHETHER ARISING FROM OR RELATING TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, INDEMNITY, STRICT LIABILITY OR OTHER TORT, OR OTHERWISE, ARISING FROM THE SERVICES OR PHILIPS’ PERFORMANCE OF THE SERVICES, IS LIMITED TO AN AMOUNT NOT TO EXCEED THE PRICE STATED IN THIS AGREEMENT FOR THE SERVICE GIVING RISE TO THE LIABILITY. THIS LIMITATION SHALL NOT APPLY TO: 13.1.1 THIRD PARTY CLAIMS FOR BODILY INJURY OR DEATH CAUSED BY PHILIPS’ NEGLIGENCE; 13.1.2 CLAIMS OF TANGIBLE PROPERTY DAMAGE REPRESENTING THE ACTUAL COST TO REPAIR OR REPLACE PHYSICAL PROPERTY TO THE EXTENT CAUSED BY PHILIPS NEGLIGENCE OR PROVEN PRODUCT DEFECT; 13.1.3 OUT OF POCKET COSTS INCURRED BY CUSTOMER TO PROVIDE PATIENT NOTIFICATIONS, REQUIRED BY LAW, TO THE EXTENT SUCH NOTICES ARE CAUSED BY PHILIPS’ UNAUTHORIZED DISCLOSURE OF PHI, AS DEFINED BY HIPAA; 13.1.4 FINES/PENALTIES LEVIED AGAINST CUSTOMER BY GOVERNMENT AGENCIES CITING PHILIPS’ UNAUTHORIZED DISCLOSURE OF PHI AS THE BASIS OF THE FINE/PENALTY; ANY SUCH FINES OR PENALTIES CONSTITUTING DIRECT DAMAGES; and 13.1.5 PHILIPS’ INTELLECTUAL PROPERTY INDEMNIFICATION OBLIGATIONS UNDER SECTION 12 ABOVE. 13.2 IN NO EVENT SHALL PHILIPS OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUES OR PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES WHETHER ARISING FROM BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, INDEMNITY, STRICT LIABILITY, OR OTHER TORT.

LIMITATIONS OF LIABILITY AND DISCLAIMER. 13.1 THE TOTAL LIABILITY, IF ANY, OF PHILIPS AND ITS AFFILIATES FOR ALL DAMAGES AND BASED ON ALL CLAIMS, WHETHER ARISING FROM OR RELATING TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, INDEMNITY, STRICT LIABILITY OR OTHER TORT, OR OTHERWISE, ARISING FROM THE SERVICES OR PHILIPS’ PERFORMANCE OF THE SERVICES, IS LIMITED TO AN AMOUNT NOT TO EXCEED THE PRICE STATED IN THIS AGREEMENT FOR THE SERVICE GIVING RISE TO THE LIABILITY. THIS LIMITATION SHALL NOT APPLY TO: 13.1.1 FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL WE OR OUR THIRD PARTY CLAIMS FOR BODILY INJURY SUPPLIERS OR DEATH CAUSED BY PHILIPS’ NEGLIGENCE; 13.1.2 CLAIMS OF TANGIBLE PROPERTY DAMAGE REPRESENTING THE ACTUAL COST TO REPAIR OR REPLACE PHYSICAL PROPERTY TO THE EXTENT CAUSED BY PHILIPS NEGLIGENCE OR PROVEN PRODUCT DEFECT; 13.1.3 OUT OF POCKET COSTS INCURRED BY CUSTOMER TO PROVIDE PATIENT NOTIFICATIONS, REQUIRED BY LAW, TO THE EXTENT SUCH NOTICES ARE CAUSED BY PHILIPS’ UNAUTHORIZED DISCLOSURE OF PHI, AS DEFINED BY HIPAA; 13.1.4 FINES/PENALTIES LEVIED AGAINST CUSTOMER BY GOVERNMENT AGENCIES CITING PHILIPS’ UNAUTHORIZED DISCLOSURE OF PHI AS THE BASIS OF THE FINE/PENALTY; ANY SUCH FINES OR PENALTIES CONSTITUTING DIRECT DAMAGES; and 13.1.5 PHILIPS’ INTELLECTUAL PROPERTY INDEMNIFICATION OBLIGATIONS UNDER SECTION 12 ABOVE. 13.2 IN NO EVENT SHALL PHILIPS OR ITS AFFILIATES SUBCONTRACTORS BE LIABLE FOR ANY LOSSES INCURRED OR SUSTAINED BY, OR IMPOSED UPON, YOU ARISING OUT OF OR RELATING TO YOUR OR ANY CURRENT OR SECONDARY DRIVER’S CRIMINAL, WILLFUL, OR RECKLESS ACTION OR OMISSION IN CONNECTION WITH THIS AGREEMENT, THE OPERATION OF A VEHICLE, OR IN CONNECTION WITH YOUR PARTICIPATION IN THE PROGRAM, PROVIDED HOWEVER THAT NOTHING HEREIN RELEASES US FROM THE CONSEQUENCES OF OUR OWN ACTIONS OR THE ACTIONS OF OUR REPRESENTATIVES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL WE OR OUR THIRD PARTY SUPPLIERS OR SUBCONTRACTORS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, INCIDENTAL OR SPECIAL CONSEQUENTIAL DAMAGES, INCLUDING INCLUDING, WITHOUT LIMITATION, LOST REVENUES OR PROFITS, BUSINESS INTERRUPTIONANY LIABILITY FOR INCONVENIENCE, LOSS OF DATAUSE, TIME, REVENUE, PROFIT OR ANTICIPATED PROFIT, GOODWILL, BUSINESS OPPORTUNITY OR ANTICIPATED SAVINGS, OR THE COST LOSS OF SUBSTITUTE PRODUCTS OR SERVICES WHETHER DAMAGE TO ANY PROPERTY OR FOR ANY THIRD-PARTY CLAIMS AGAINST YOU OR ANY SECONDARY DRIVER, ARISING FROM BREACH OR RELATED TO THIS AGREEMENT, YOUR PARTICIPATION IN THE PROGRAM OR YOUR OPERATION OF CONTRACTA VEHICLE, BREACH AND WHETHER OR NOT THE POSSIBILITY OF WARRANTYSUCH LOSS OR DAMAGES WAS DISCLOSED TO OR REASONABLY COULD HAVE BEEN FORESEEN BY YOU. Without in any way limiting the generality of the foregoing, NEGLIGENCEto the fullest extent permitted by applicable law, INDEMNITYwe and our third party suppliers or subcontractors shall have no liability for (a) any loss of, STRICT LIABILITYor damage to, OR OTHER TORTany goods in or on any of the Vehicles or in or on any third-party vehicle, (b) any loss, damage, injury or death in relation to you or any other person arising from any of the Vehicles, (c) any loss or damage incurred by you as a result of any claims made by a third party, or (d) any loss or damage incurred by arising from or in relation to either (i) the non-availability, supply, operation or use of one of the Vehicles, or (ii) any accessories in or to one of the Vehicles, whether supplied or installed by us or by you (for example, luggage racks, bicycle racks, baby seats and the like), and in all cases, you or such current or previous Secondary Driver are responsible for the safe installation of such accessories and must check the condition of such accessories before each use, unless and to the extent such loss or damage is incurred due to our negligence or our failure to carry out our express responsibilities under this Agreement.

LIMITATIONS OF LIABILITY AND DISCLAIMER. 13.1 12.1 THE TOTAL LIABILITY, IF ANY, OF PHILIPS PHILIPS’ AND ITS AFFILIATES AFFILIATES’ FOR ALL DAMAGES AND BASED ON ALL CLAIMS, WHETHER ARISING FROM OR RELATING TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, INDEMNITY, STRICT LIABILITY OR OTHER TORT, OR OTHERWISE, ARISING FROM THE SERVICES OR PHILIPS’ PERFORMANCE OF THE SERVICES, IS LIMITED TO AN AMOUNT NOT TO EXCEED THE PRICE STATED IN THIS AGREEMENT FOR THE SERVICE GIVING RISE TO THE LIABILITY. THIS LIMITATION SHALL NOT APPLY TO: 13.1.1 12.1.1 THIRD PARTY CLAIMS FOR BODILY INJURY OR DEATH CAUSED BY PHILIPS’ NEGLIGENCE; 13.1.2 12.1.2 CLAIMS OF TANGIBLE PROPERTY DAMAGE REPRESENTING THE ACTUAL COST TO REPAIR OR REPLACE PHYSICAL PROPERTY TO THE EXTENT CAUSED BY PHILIPS NEGLIGENCE OR PROVEN PRODUCT DEFECT; 13.1.3 12.1.3 OUT OF POCKET COSTS INCURRED BY CUSTOMER TO PROVIDE PATIENT NOTIFICATIONS, REQUIRED BY LAW, TO THE EXTENT SUCH NOTICES ARE CAUSED BY PHILIPS’ UNAUTHORIZED DISCLOSURE OF PHI, AS DEFINED BY HIPAA;; and, 13.1.4 12.1.4 FINES/PENALTIES LEVIED AGAINST CUSTOMER BY GOVERNMENT AGENCIES CITING PHILIPS’ UNAUTHORIZED DISCLOSURE OF PHI AS THE BASIS OF THE FINE/PENALTY; ANY SUCH FINES OR PENALTIES CONSTITUTING DIRECT DAMAGES; and 13.1.5 PHILIPS’ . 12.1.5 PHILIPS INTELLECTUAL PROPERTY INDEMNIFICATION OBLIGATIONS UNDER SECTION 12 11 ABOVE. 13.2 12.2 IN NO EVENT SHALL PHILIPS OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUES OR PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES WHETHER ARISING FROM BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, INDEMNITY, STRICT LIABILITY, LIABILITY OR OTHER TORT.

LIMITATIONS OF LIABILITY AND DISCLAIMER. 13.1 THE TOTAL LIABILITY, IF ANY, OF PHILIPS AND ITS AFFILIATES FOR ALL DAMAGES AND BASED ON ALL CLAIMS, WHETHER ARISING FROM OR RELATING TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, INDEMNITY, STRICT LIABILITY OR OTHER TORT, OR OTHERWISE, ARISING FROM THE SERVICES OR PHILIPS’ PERFORMANCE OF THE SERVICES, IS LIMITED TO AN AMOUNT NOT TO EXCEED THE PRICE STATED IN THIS AGREEMENT FOR THE SERVICE GIVING RISE TO THE LIABILITY. THIS LIMITATION SHALL NOT APPLY TO: 13.1.1 FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL WE OR OUR THIRD PARTY CLAIMS FOR BODILY INJURY SUPPLIERS OR DEATH CAUSED BY PHILIPS’ NEGLIGENCE; 13.1.2 CLAIMS OF TANGIBLE PROPERTY DAMAGE REPRESENTING THE ACTUAL COST TO REPAIR OR REPLACE PHYSICAL PROPERTY TO THE EXTENT CAUSED BY PHILIPS NEGLIGENCE OR PROVEN PRODUCT DEFECT; 13.1.3 OUT OF POCKET COSTS INCURRED BY CUSTOMER TO PROVIDE PATIENT NOTIFICATIONS, REQUIRED BY LAW, TO THE EXTENT SUCH NOTICES ARE CAUSED BY PHILIPS’ UNAUTHORIZED DISCLOSURE OF PHI, AS DEFINED BY HIPAA; 13.1.4 FINES/PENALTIES LEVIED AGAINST CUSTOMER BY GOVERNMENT AGENCIES CITING PHILIPS’ UNAUTHORIZED DISCLOSURE OF PHI AS THE BASIS OF THE FINE/PENALTY; ANY SUCH FINES OR PENALTIES CONSTITUTING DIRECT DAMAGES; and 13.1.5 PHILIPS’ INTELLECTUAL PROPERTY INDEMNIFICATION OBLIGATIONS UNDER SECTION 12 ABOVE. 13.2 IN NO EVENT SHALL PHILIPS OR ITS AFFILIATES SUBCONTRACTORS BE LIABLE FOR ANY LOSSES INCURRED OR SUSTAINED BY, OR IMPOSED UPON, YOU ARISING OUT OF OR RELATING TO YOUR OR ANY CURRENT OR SECONDARY DRIVER’S CRIMINAL, WILLFUL, OR RECKLESS ACTION OR OMISSION IN CONNECTION WITH THIS AGREEMENT, THE OPERATION OF A VEHICLE, OR IN CONNECTION WITH YOUR PARTICIPATION IN THE PROGRAM. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL WE OR OUR THIRD PARTY SUPPLIERS OR SUBCONTRACTORS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, INCIDENTAL OR SPECIAL CONSEQUENTIAL DAMAGES, INCLUDING INCLUDING, WITHOUT LIMITATION, LOST REVENUES OR PROFITS, BUSINESS INTERRUPTIONANY LIABILITY FOR INCONVENIENCE, LOSS OF DATAUSE, TIME, REVENUE, PROFIT OR ANTICIPATED PROFIT, GOODWILL, BUSINESS OPPORTUNITY OR ANTICIPATED SAVINGS, OR THE COST LOSS OF SUBSTITUTE PRODUCTS OR SERVICES WHETHER DAMAGE TO ANY PROPERTY OR FOR ANY THIRD-PARTY CLAIMS AGAINST YOU OR ANY SECONDARY DRIVER, ARISING FROM BREACH OR RELATED TO THIS AGREEMENT, YOUR PARTICIPATION IN THE PROGRAM OR YOUR OPERATION OF CONTRACTA VEHICLE, BREACH AND WHETHER OR NOT THE POSSIBILITY OF WARRANTYSUCH LOSS OR DAMAGES WAS DISCLOSED TO OR REASONABLY COULD HAVE BEEN FORESEEN BY YOU. Without in any way limiting the generality of the foregoing, NEGLIGENCEto the fullest extent permitted by applicable law, INDEMNITYwe and our third party suppliers or subcontractors shall have no liability for (a) any loss of, STRICT LIABILITYor damage to, OR OTHER TORT.any goods in or on any of the Vehicles or in or on any third-party vehicle, (b) any loss, damage, injury or death in relation to you or any other person arising from any of the Vehicles, (c) any loss or damage incurred by you as a result of any claims made by a third party, or (d) any loss or damage incurred by arising from or in relation to either (i) the non-availability, supply, operation or use of one of the Vehicles, or (ii) any accessories in or to one of the Vehicles, whether supplied or installed by us or by you (for example, luggage racks, bicycle racks, baby seats and the like), and in all cases, you or such

LIMITATIONS OF LIABILITY AND DISCLAIMER. 13.1 12.1 THE TOTAL LIABILITY, IF ANY, OF PHILIPS PHILIPS’ AND ITS AFFILIATES AFFILIATES’ FOR ALL DAMAGES AND BASED ON ALL CLAIMS, WHETHER ARISING FROM OR RELATING TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, INDEMNITY, STRICT LIABILITY OR OTHER TORT, OR OTHERWISE, ARISING FROM THE SERVICES OR PHILIPS’ PERFORMANCE OF THE SERVICES, IS LIMITED TO AN AMOUNT NOT TO EXCEED THE PRICE STATED IN THIS AGREEMENT FOR THE SERVICE GIVING RISE TO THE LIABILITY. THIS LIMITATION SHALL NOT APPLY TO: 13.1.1 12.1.1 THIRD PARTY CLAIMS FOR BODILY INJURY OR DEATH CAUSED BY PHILIPS’ NEGLIGENCE; 13.1.2 12.1.2 CLAIMS OF TANGIBLE PROPERTY DAMAGE REPRESENTING THE ACTUAL COST TO REPAIR OR REPLACE PHYSICAL PROPERTY TO THE EXTENT CAUSED BY PHILIPS NEGLIGENCE OR PROVEN PRODUCT DEFECT; 13.1.3 12.1.3 OUT OF POCKET COSTS INCURRED BY CUSTOMER TO PROVIDE PATIENT NOTIFICATIONS, REQUIRED BY LAW, TO THE EXTENT SUCH NOTICES ARE CAUSED BY PHILIPS’ UNAUTHORIZED DISCLOSURE OF PHI, AS DEFINED BY HIPAA;; and, 13.1.4 12.1.4 FINES/PENALTIES LEVIED AGAINST CUSTOMER BY GOVERNMENT AGENCIES CITING PHILIPS’ UNAUTHORIZED DISCLOSURE OF PHI AS THE BASIS OF THE FINE/PENALTY; ANY SUCH FINES OR PENALTIES CONSTITUTING DIRECT DAMAGES; and 13.1.5 . 12.1.5 PHILIPS’ INTELLECTUAL PROPERTY INDEMNIFICATION OBLIGATIONS UNDER SECTION 12 11 ABOVE. 13.2 12.2 IN NO EVENT SHALL PHILIPS OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUES OR PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES WHETHER ARISING FROM BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, INDEMNITY, STRICT LIABILITY, LIABILITY OR OTHER TORT.

LIMITATIONS OF LIABILITY AND DISCLAIMER. 13.1 12.1 THE TOTAL LIABILITY, IF ANY, OF PHILIPS INVIVO’S AND ITS AFFILIATES AFFILIATES’ FOR ALL DAMAGES AND BASED ON ALL CLAIMS, WHETHER ARISING FROM OR RELATING TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, INDEMNITY, STRICT LIABILITY OR OTHER TORT, OR OTHERWISE, ARISING FROM THE SERVICES OR PHILIPS’ INVIVO’S PERFORMANCE OF THE SERVICES, IS LIMITED TO AN AMOUNT NOT TO EXCEED THE PRICE STATED IN THIS AGREEMENT FOR THE SERVICE GIVING RISE TO THE LIABILITY. THIS LIMITATION SHALL NOT APPLY TO: 13.1.1 12.1.1 THIRD PARTY CLAIMS FOR BODILY INJURY OR DEATH CAUSED BY PHILIPS’ INVIVO’S NEGLIGENCE; 13.1.2 12.1.2 CLAIMS OF TANGIBLE PROPERTY DAMAGE REPRESENTING THE ACTUAL COST TO REPAIR OR REPLACE PHYSICAL PROPERTY TO THE EXTENT CAUSED BY PHILIPS INVIVO NEGLIGENCE OR PROVEN PRODUCT DEFECT; 13.1.3 12.1.3 OUT OF POCKET COSTS INCURRED BY CUSTOMER TO PROVIDE PATIENT NOTIFICATIONS, REQUIRED BY LAW, TO THE EXTENT SUCH NOTICES ARE CAUSED BY PHILIPS’ INVIVO’S UNAUTHORIZED DISCLOSURE OF PHI, AS DEFINED BY HIPAA;; and, 13.1.4 12.1.4 FINES/PENALTIES LEVIED AGAINST CUSTOMER BY GOVERNMENT AGENCIES CITING PHILIPS’ INVIVO’S UNAUTHORIZED DISCLOSURE OF PHI AS THE BASIS OF THE FINE/PENALTY; ANY SUCH FINES OR PENALTIES CONSTITUTING DIRECT DAMAGES; and 13.1.5 PHILIPS’ . 12.1.5 INVIVO’S INTELLECTUAL PROPERTY INDEMNIFICATION OBLIGATIONS UNDER SECTION 12 11 ABOVE. 13.2 12.2 IN NO EVENT SHALL PHILIPS INVIVO OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUES OR PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES WHETHER ARISING FROM BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, INDEMNITY, STRICT LIABILITY, LIABILITY OR OTHER TORT.

LIMITATIONS OF LIABILITY AND DISCLAIMER. 13.1 12.1 THE TOTAL LIABILITY, IF ANY, OF PHILIPS INVIVO’S AND ITS AFFILIATES AFFILIATES’ FOR ALL DAMAGES AND BASED ON ALL CLAIMS, WHETHER ARISING FROM OR RELATING TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, INDEMNITY, STRICT LIABILITY OR OTHER TORT, OR OTHERWISE, ARISING FROM THE SERVICES OR PHILIPS’ INVIVO’S PERFORMANCE OF THE SERVICES, IS LIMITED TO AN AMOUNT NOT TO EXCEED THE PRICE STATED IN THIS AGREEMENT FOR THE SERVICE GIVING RISE TO THE LIABILITY. THIS LIMITATION SHALL NOT APPLY TO: 13.1.1 12.1.1 THIRD PARTY CLAIMS FOR BODILY INJURY OR DEATH CAUSED BY PHILIPS’ XXXXXX’S NEGLIGENCE; 13.1.2 12.1.2 CLAIMS OF TANGIBLE PROPERTY DAMAGE REPRESENTING THE ACTUAL COST TO REPAIR OR REPLACE PHYSICAL PROPERTY TO THE EXTENT CAUSED BY PHILIPS INVIVO NEGLIGENCE OR PROVEN PRODUCT DEFECT; 13.1.3 12.1.3 OUT OF POCKET COSTS INCURRED BY CUSTOMER TO PROVIDE PATIENT NOTIFICATIONS, REQUIRED BY LAW, TO THE EXTENT SUCH NOTICES ARE CAUSED BY PHILIPS’ INVIVO’S UNAUTHORIZED DISCLOSURE OF PHI, AS DEFINED BY HIPAA;; and, 13.1.4 12.1.4 FINES/PENALTIES LEVIED AGAINST CUSTOMER BY GOVERNMENT AGENCIES CITING PHILIPS’ INVIVO’S UNAUTHORIZED DISCLOSURE OF PHI AS THE BASIS OF THE FINE/PENALTY; ANY SUCH FINES OR PENALTIES CONSTITUTING DIRECT DAMAGES; and 13.1.5 PHILIPS’ . 12.1.5 INVIVO’S INTELLECTUAL PROPERTY INDEMNIFICATION OBLIGATIONS UNDER SECTION 12 11 ABOVE. 13.2 12.2 IN NO EVENT SHALL PHILIPS INVIVO OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUES OR PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES WHETHER ARISING FROM BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, INDEMNITY, STRICT LIABILITY, LIABILITY OR OTHER TORT.