Common use of Non-Applicability of Liability Cap Clause in Contracts

Non-Applicability of Liability Cap. The provisions of Clause 17.6 shall not apply to Damages incurred by either Party as a result of: (a) any liability in respect of death or personal injury resulting from a negligent act or omission or breach of statutory duty by the liable Party or any employee of the liable Party; (b) the fraud, fraudulent misrepresentation, reckless misconduct or gross negligence of the liable Party or, in the case of the Service Provider, any Approved Sub-Contractor of the Service Provider; and/or (c) infringement of any Intellectual Property of a third party.

Non-Applicability of Liability Cap. The provisions of Clause 17.6 11.6 shall not apply to Damages incurred by either Party as a result of: (a) any liability in respect of death or personal injury resulting from a negligent act or omission or breach of statutory duty by the liable Party or any employee of the liable Party; (b) the fraud, fraudulent misrepresentation, reckless misconduct or gross negligence of the liable Party or, in the case of the Service Provider, any Approved Sub-Contractor of the Service Provider; and/or (c) infringement of any Intellectual Property of a third party.

Non-Applicability of Liability Cap. The provisions of Clause 17.6 shall not apply to Damages incurred by either Party as a result of: (a) any liability in respect of death or personal injury resulting from a negligent act or omission or breach of statutory duty by the liable Party or any employee of the ofthe liable Party; (b) the fraud, fraudulent misrepresentation, reckless misconduct or gross negligence of the liable Party or, in the case of the Service Provider, any Approved SubSu-Contractor bContractor of the Service Provider; and/or (c) infringement of any Intellectual Property of a third party.

Non-Applicability of Liability Cap. The provisions of Clause 17.6 shall not apply to Damages incurred by either Party as a result of: (a) any liability in respect of death or personal injury resulting from a negligent act or omission or breach of statutory duty by the liable Party or any employee of the liable Party; (b) the fraud, fraudulent misrepresentation, reckless misconduct or gross negligence of the liable Party or, in the case of the Service Provider, any Approved SubSu-Contractor bContractor of the Service Provider; and/or (c) infringement of any Intellectual Property of a third party.

Non-Applicability of Liability Cap. The provisions of Clause 17.6 shall not apply to Damages incurred by either Party as a result of: (a) any liability in respect of death or personal injury resulting from a negligent act or omission or breach of statutory duty by the liable Party or any orany employee of the liable Party; (b) the fraud, fraudulent misrepresentation, reckless misconduct or gross negligence of the liable Party or, in the case of the Service Provider, any Approved SubApprovedSub-Contractor of the Service Provider; and/or (c) infringement of any Intellectual Property of a third party.