Common use of No Implied Warranties; Disclaimer of Damages; Limitation on Liability; Exceptions Clause in Contracts

No Implied Warranties; Disclaimer of Damages; Limitation on Liability; Exceptions. (a) EXCEPT AS EXPRESSLY SET FORTH HEREIN AND AS MAY BE REQUIRED BY APPLICABLE LAW, EACH PARTY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EXCEPT AS EXPRESSLY SET FORTH HEREIN AND AS MAY BE REQUIRED BY APPLICABLE LAW, ALL MATERIALS PROVIDED BY UL HEREUNDER ARE PROVIDED “AS IS” AND “WITH ALL FAULTS.” (b) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS SET FORTH IN SECTION 5.4(d), NO PARTY TO THIS AGREEMENT WILL BE LIABLE FOR ANY LOST OR ANTICIPATED REVENUE, INCOME, PROFITS OR SAVINGS, OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY OTHER PARTY ARISING OUT OF OR RELATED TO ANY CLAIM RELATING TO THIS AGREEMENT, WHETHER A CLAIM FOR SUCH DAMAGES IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), EVEN IF A PARTY IS ADVISED OF THE POSSIBILITY OF OR COULD FORESEE SUCH DAMAGES. (c) EXCEPT AS SET FORTH IN SECTION 5.4(d), THE CUMULATIVE AGGREGATE LIABILITY UNDER THIS AGREEMENT OF UL ON THE ONE HAND AND LICENSEE ON THE OTHER WILL NOT EXCEED [$1,000,000]. (d) THE DISCLAIMER OF DAMAGES AND LIMITATIONS ON LIABILITY CONTAINED IN SECTIONS 5.4(b) AND 5.4(c) SHALL NOT APPLY TO (i) A PARTY’S INDEMNIFICATION, DEFENSE AND HOLD HARMLESS OBLIGATIONS HEREUNDER, (ii) LOSSES INCURRED DUE TO A PARTY’S BREACH OF ITS CONFIDENTIALITY OBLIGATIONS HEREUNDER, AND/OR (iii) LOSSES INCURRED DUE TO A PARTY’S FRAUD, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.