Common use of No Liability for Certain Damages Clause in Contracts

No Liability for Certain Damages. Except as otherwise expressly provided for elsewhere in this Agreement, in no event shall either Party have any liability for any indirect, incidental or consequential damages, including lost sales or lost profits, relating to or arising 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 either Party’s indemnification obligations under this Section 13 or in the case of [***] or [***].

Appears in 1 contract

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

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

Appears in 1 contract

Samples: PCS Services Agreement (Ventures National Inc)

No Liability for Certain Damages. Except as otherwise expressly provided set forth in Section 9.2.3, neither Party shall be liable to the other for elsewhere in this Agreementspecial, in no event shall either Party have any liability for any indirect, incidental exemplary, punitive or consequential damages, including lost sales or lost loss of profits, relating related to or arising from or in connection with out of a Party’s performance under this Agreement, even if such damages may have been foreseeable; provided that such limitation shall not apply in the case of either Party’s indemnification obligations under this Section 13 or in the case of [***] or [***].

Appears in 1 contract

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

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

Appears in 1 contract

Samples: PCS Services Agreement (Smartserv Online Inc)

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