Common use of No Damages for Termination Clause in Contracts

No Damages for Termination. BROADBASE SHALL NOT BE LIABLE TO PARTNER FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, INCIDENTAL OR CONSEQUENTIAL DAMAGES, ON ACCOUNT OF THE TERMINATION OF ANY BPA IN ACCORDANCE WITH ITS TERMS. PARTNER WAIVES ANY RIGHT IT MAY HAVE TO RECEIVE ANY COMPENSATION OR REPARATIONS ON TERMINATION OF ANY BPA UNDER THE LAW OF THE TERRITORY DESIGNATED IN THE BPA OR OTHERWISE, OTHER THAN EXPRESSLY PROVIDED THEREIN. Broadbase will not be liable to Partner on account of termination of any BPA for reimbursement or damages for the loss of goodwill, prospective profits or anticipated income, or on account of any expenditures, investments, leases or commitments made by Broadbase or for any other reason whatsoever based upon or growing out of such termination or expiration. Partner acknowledges that (i) Partner has no expectation and has received no assurances that any investment by Partner in the promotion of Broadbase products will be recovered or recouped or that Partner will obtain any anticipated amount of profits by virtue of any BPA, and (ii) Partner will not have or acquire by virtue of any BPA or otherwise any vested, proprietary or other right in the promotion of Broadbase products or in "goodwill" created by its efforts thereunder. THE PARTIES ACKNOWLEDGE THAT THIS SECTION 1.4 HAS BEEN INCLUDED AS A MATERIAL INDUCEMENT FOR BROADBASE TO ENTER INTO ANY BPA AND THAT BROADBASE WOULD NOT HAVE ENTERED INTO ANY BPA BUT FOR THE LIMITATIONS OF LIABILITY SET FORTH HEREIN.

No Damages for Termination. BROADBASE SHALL NOT NEITHER SYMANTEC NOR DIGITAL RIVER WILL BE LIABLE TO PARTNER THE OTHER FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATIONINCIDENTAL, INCIDENTAL SPECIAL, OR CONSEQUENTIAL DAMAGES, ON ACCOUNT OF THE TERMINATION OF ANY BPA THIS AGREEMENT IN ACCORDANCE WITH ITS TERMS. PARTNER DIGITAL RIVER WAIVES ANY RIGHT IT MAY HAVE TO RECEIVE ANY COMPENSATION OR * Confidential treatment has been requested for portions of this exhibit. The copy filed herewith omits the information subject to the confidentiality request. Omissions are designated as *. A complete version of this exhibit has been filed separately with the Securities and Exchange Commission. REPARATIONS ON TERMINATION OR EXPIRATION OF ANY BPA UNDER THE LAW OF THE TERRITORY DESIGNATED THIS AGREEMENT IN THE BPA OR OTHERWISEACCORDANCE WITH ITS TERMS. Except as expressly set forth herein, OTHER THAN EXPRESSLY PROVIDED THEREIN. Broadbase neither Symantec nor Digital River will not be liable to Partner the other on account of termination or expiration of any BPA this Agreement for reimbursement or damages for the loss of goodwill, prospective profits profits, anticipated orders, any incidental or anticipated income, consequential damages or on account of any expenditures, investments, translations, localizations, leases or commitments made by Broadbase either Symantec or Digital River or for any other reason whatsoever based upon or growing out of such termination or expiration. Partner Digital River acknowledges and agrees that (i1) Partner Digital River has no expectation and has received no assurances that its business relationship with Symantec will continue beyond the stated Term of this Agreement or its earlier termination in accordance with this Section J, that any investment by Partner Digital River in the promotion of Broadbase products Symantec Products will be recovered or recouped recouped, or that Partner Digital River will obtain any anticipated amount of profits by virtue of any BPA, and (ii) Partner will not have or acquire by virtue of any BPA this Agreement or otherwise any vested, proprietary or other right in the promotion of Broadbase products Symantec Products or in "goodwill" any goodwill created by its efforts thereunderhereunder. THE PARTIES ACKNOWLEDGE THAT THIS SECTION 1.4 J(6) HAS BEEN INCLUDED AS A MATERIAL INDUCEMENT FOR BROADBASE SYMANTEC TO ENTER INTO ANY BPA THIS AGREEMENT AND THAT BROADBASE SYMANTEC WOULD NOT HAVE ENTERED INTO ANY BPA THIS AGREEMENT BUT FOR THE LIMITATIONS OF LIABILITY AS SET FORTH HEREIN.

No Damages for Termination. BROADBASE KERAVISION SHALL NOT BE LIABLE TO PARTNER -------------------------- AMP, OR ANY OF AMP'S EMPLOYEES OR AGENTS, FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATIONDIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, ON ACCOUNT OF THE TERMINATION OR EXPIRATION OF ANY BPA THIS AGREEMENT IN ACCORDANCE WITH ITS TERMSTHIS ARTICLE 11. PARTNER AMP WAIVES ANY RIGHT RIGHTS IT MAY HAVE TO RECEIVE ANY COMPENSATION OR REPARATIONS ON TERMINATION OR EXPIRATION OF ANY BPA THIS AGREEMENT UNDER THE LAW OF THE TERRITORY DESIGNATED IN THE BPA OR OTHERWISE, OTHER THAN AS EXPRESSLY PROVIDED THEREINHEREIN. Broadbase will KeraVision shall not be liable to Partner AMP on account of termination or expiration of any BPA this Agreement for reimbursement or damages for the loss of goodwill, prospective profits or anticipated income, or on account of any expenditures, investments, leases or commitments made by Broadbase AMP or for any other reason whatsoever based upon or growing out of such termination or expirationwhatsoever. Partner AMP acknowledges that (i) Partner it has no expectation expectations and has received no assurances from KeraVision that any investment by Partner AMP in the distribution, promotion or sale of Broadbase products the KeraVision Products will be recovered or recouped or that Partner AMP will obtain any anticipated amount of profits by virtue of any BPA, and (ii) Partner will not have or acquire by virtue of any BPA or otherwise any vested, proprietary or other right in the promotion of Broadbase products or in "goodwill" created by its efforts thereunderthis Agreement. THE PARTIES ACKNOWLEDGE THAT THIS SECTION 1.4 11.6 HAS BEEN INCLUDED AS A MATERIAL INDUCEMENT FOR BROADBASE KERAVISION TO ENTER INTO ANY BPA THIS AGREEMENT AND THAT BROADBASE KERAVISION WOULD NOT HAVE ENTERED INTO ANY BPA THIS AGREEMENT BUT FOR THE LIMITATIONS OF LIABILITY AS SET FORTH HEREIN.. [*] = CONFIDENTIAL TREATMENT REQUESTED

No Damages for Termination. BROADBASE SHALL NOT NEITHER SELLER NOR RESTRAC SHALL, AS THE CASE MAY BE, BE LIABLE TO PARTNER THE OTHER FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, INCIDENTAL OR CONSEQUENTIAL DAMAGES, ON ACCOUNT OF THE TERMINATION BY IT OF ANY BPA THIS AGREEMENT IN ACCORDANCE WITH ITS TERMSTHIS SECTION 9. PARTNER RESTRAC WAIVES ANY RIGHT IT MAY HAVE TO RECEIVE ANY COMPENSATION OR REPARATIONS ON TERMINATION BY SELLER OF ANY BPA THIS AGREEMENT IN ACCORDANCE WITH THIS SECTION 9 UNDER THE LAW OF THE ANY TERRITORY DESIGNATED IN THE BPA OR OTHERWISE, OTHER THAN AS EXPRESSLY PROVIDED THEREININ THIS AGREEMENT. Broadbase Neither Seller nor Restrac, as the case may be, will not be liable to Partner the other on account of termination of any BPA this Agreement in accordance with this Section 9 for reimbursement or damages for the loss of goodwill, prospective profits or anticipated income, or on account of any expenditures, investments, leases or commitments made by Broadbase either Seller or Restrac, as the case may be, or for any other reason whatsoever based upon or growing out of such termination or expirationtermination. Partner Restrac acknowledges that (i) Partner Restrac has no expectation and has received no assurances that any investment by Partner Restrac in the promotion of Broadbase products Software will be recovered or recouped or that Partner will obtain any anticipated amount of profits by virtue of any BPArecouped, and (ii) Partner Restrac will not have or acquire by virtue of any BPA this Agreement or otherwise any vested, proprietary or other right in the promotion of Broadbase products Software or in "goodwill" created by its efforts thereunderhereunder. THE PARTIES ACKNOWLEDGE THAT THIS SECTION 1.4 HAS BEEN INCLUDED AS A MATERIAL INDUCEMENT FOR BROADBASE SELLER TO ENTER INTO ANY BPA THIS AGREEMENT AND THAT BROADBASE SELLER WOULD NOT HAVE ENTERED INTO ANY BPA THIS AGREEMENT BUT FOR THE LIMITATIONS OF LIABILITY AS SET FORTH HEREIN.