Common use of Punitive and Other Damages Clause in Contracts

Punitive and Other Damages. None of NantWorks or any other of the Service Providers shall be liable to the Company or any of its Affiliates or their employees, agents, members, managers, officers and directors (collectively, “Representatives”), whether in contract, tort (including negligence and strict liability) or otherwise for any punitive damages whatsoever which in any way arise out of, relate to or are a consequence of, the performance or nonperformance by any Service Provider (including Affiliates and third-party Service Providers providing services) hereunder or the provision of, or failure to provide, any Service hereunder. Notwithstanding anything herein to the contrary, none of NantWorks or any other of the Service Providers shall be liable to the Company or any of its Affiliates or any of its or its Affiliate’s Representatives for an amount in excess of the total Service Costs paid by the Company hereunder.

Punitive and Other Damages. None of the Company, NantWorks or any other of the their respective Service Providers shall be liable to the Company Receiving Party or any of its Affiliates or their employees, agents, members, managers, officers and directors (collectively, “Representatives”), whether in contract, tort (including negligence and strict liability) or otherwise for any punitive damages whatsoever which in any way arise out of, relate to or are a consequence of, the performance or nonperformance by any Service Provider (including Affiliates and third-party Service Providers providing services) hereunder or the provision of, or failure to provide, any Service hereunder. Notwithstanding anything herein to the contrary, none of the Company, NantWorks or any other of the their respective Service Providers shall be liable to the Company Receiving Party or any of its Affiliates or any of its or its Affiliate’s Representatives for an amount in excess of the total Service Costs paid by the Company Receiving Party hereunder.