Common use of No Liability for Certain Damages Clause in Contracts

No Liability for Certain Damages. Except as otherwise provided in this Agreement, including sections 11, 13,15, and 16, neither party is liable to the other for special, indirect, incidental, exemplary, punitive or consequential damages, including loss of profits, related to or arising out of a party's performance under this Agreement.

Appears in 1 contract

Samples: Private Label (Smartserv Online Inc)

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No Liability for Certain Damages. Except as otherwise expressly provided for elsewhere in this Agreement, including sections 11, 13,15, and 16, neither party is liable to the other in no event shall either Party have any liability for special, any indirect, incidental, exemplary, punitive incidental or consequential damages, including loss of lost sales or lost profits, related relating to or arising out from or in connection with this Agreement, even if such damages may have been foreseeable; provided that such limitation shall not apply in the case of a party's performance either Party’s indemnification obligations under this AgreementSection 13 or in the case of [***] or [***].

Appears in 1 contract

Samples: Marketing and Development Services Agreement (Zogenix, Inc.)

No Liability for Certain Damages. Except as otherwise provided in this Agreement, including sections 11, 13,1513, 15, and 16, neither party is liable to the other for special, indirect, incidental, exemplary, punitive or consequential damages, including loss of profits, related to or arising out of a party's ’s performance under this Agreement.

Appears in 1 contract

Samples: Private Label PCS Services Agreement (Ventures National Inc)

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No Liability for Certain Damages. Except as otherwise provided set forth in this Agreement, including sections 11, 13,15, and 16Section 9.2.3, neither party is Party shall be liable to the other for special, indirect, incidental, exemplary, punitive or consequential damages, including loss of profits, related to or arising out of a party's Party’s performance under this Agreement.

Appears in 1 contract

Samples: Label PCS Services Agreement (Leap Wireless International Inc)

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