Neither WSP nor SBC-13STATE. shall be liable to the other Party for any Consequential Damages suffered by the other Party, regardless of the form of action, whether in contract, warranty, strict liability, tort or otherwise, including negligence of any kind, whether active or passive (and including alleged breaches of this Agreement and causes of action alleged to arise from allegations that breach of this Agreement constitutes a violation of the Act or other statute), and regardless of whether the Parties knew or had been advised of the possibility that such damages could result in connection with or arising from anything said, omitted, or done hereunder or related hereto, including willful acts or omissions; provided that the foregoing shall not limit a Party’s obligation under Section 9.3 or 10 to indemnify, defend, and hold the other Party harmless against any amounts payable to a Third Party, including any Losses, and Consequential Damages of such Third Party; provided, however, that nothing in this Section 9.4 shall impose indemnity obligations on a Party for any Loss or Consequential Damages suffered by that Party’s End User in connection with any affected Interconnection, Network Elements, functions, Facilities, products and services. Except as provided in the prior sentence, each Party (“Indemnifying Party”) hereby releases and holds harmless the other Party (“Indemnitee”) (and Indemnitee’s Affiliates, and Indemnitee’s and Indemnitee’s Affiliates’ respective officers, directors, employees and agents) against any Loss or Claim made by the Indemnifying Party’s End User.
Appears in 4 contracts
Samples: Interconnection Agreement, Interconnection Agreement, Wholesale Agreement
