Common use of Types of Damages Clause in Contracts

Types of Damages. EXCEPT IN THE CASE OF BREACH OF CONFIDENTIALITY, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, OR INCIDENTAL, DAMAGES WHATSOEVER. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY PUNITIVE OR SPECIAL DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE, ARISING OUT OF THIS AGREEMENT, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PARTIES UNDERSTAND AND AGREE THAT THE INTERNET IS INHERENTLY UNSAFE; CONSEQUENTLY UNDER NO CIRCUMSTANCES WILL EITHER PARTY BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM: (A) HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS TO OR USE OF THE PLATFORM NOT CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF SUCH PARTY; (B) ANY INTERRUPTION OR CESSATION OF THE SERVICES; (C) ANY SOFTWARE BUGS, VIRUSES, TROJAN HORSES, OR OTHER HARMFUL CODE THAT MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM; (D) ERRORS, INACCURACIES, OR OMISSIONS OF INFORMATION, OR ANY LOSSES INCURRED AS A RESULT OF, RESULTING FROM THE USE OF THE PLATFORM; AND/OR (E) INFORMATION THAT IS TRANSMITTED USING THE PLATFORM THAT IS DEFAMATORY, OFFENSIVE, OR ILLEGAL.

Types of Damages. EXCEPT IN THE CASE OF BREACH OF CONFIDENTIALITY, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, OR INCIDENTAL, DAMAGES WHATSOEVER. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY PUNITIVE OR SPECIAL DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE, ARISING OUT OF THIS AGREEMENT, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PARTIES UNDERSTAND AND AGREE THAT THE INTERNET IS INHERENTLY UNSAFE; CONSEQUENTLY UNDER NO CIRCUMSTANCES WILL EITHER PARTY BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM: (A) HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS TO OR USE OF THE PLATFORM NOT CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF SUCH PARTY; (B) ANY INTERRUPTION OR CESSATION OF THE SERVICES; (C) ANY SOFTWARE BUGS, VIRUSES, TROJAN HORSES, OR OTHER HARMFUL CODE THAT MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM; (D) ERRORS, INACCURACIES, OR OMISSIONS OF INFORMATION, OR ANY LOSSES INCURRED AS A RESULT OF, RESULTING FROM THE USE OF THE PLATFORM; AND/OR (E) INFORMATION THAT IS TRANSMITTED USING THE PLATFORM THAT IS DEFAMATORY, OFFENSIVE, OR ILLEGAL.

Types of Damages. SUBJECT TO SECTION 7.3 AND EXCEPT IN THE CASE OF (A) FOR DAMAGES ARISING FROM A PARTY’S BREACH OF CONFIDENTIALITYITS OBLIGATIONS UNDER SECTION 8, (B) IN CONNECTION WITH THE INDEMNITY OBLIGATIONS IN SECTION 9, (C) WITH RESPECT TO CUSTOMER’S PAYMENT OBLIGATIONS UNDER THIS AGREEMENT, AND (D) FOR DAMAGES ARISING FROM CUSTOMER’S INFRINGEMENT OR MISAPPROPRIATION OF COMPANY’S INTELLECTUAL PROPERTY RIGHTS (INCLUDING BREACH OF ANY LICENSE OR USAGE RESTRICTIONS WITH RESPECT TO THE SYSTEM MATERIALS) (COLLECTIVELY, CLAUSES (A), (B), (C) AND (D) ARE THE “EXCEPTED LIABILITIES”), IN NO EVENT SHALL WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY CONSEQUENTIALINCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTALPUNITIVE DAMAGES, DAMAGES WHATSOEVER. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY PUNITIVE OR SPECIAL DAMAGES WHATSOEVERREGARDLESS OF THE NATURE OF THE CLAIM, INCLUDING INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS LOST PROFITS, COSTS OF BUSINESS PROFITSDELAY, ANY FAILURE OF DELIVERY, BUSINESS INTERRUPTION, LOSS COSTS OF BUSINESS INFORMATIONLOST OR DAMAGED DATA OR DOCUMENTATION, AND THE LIKE, OR LIABILITIES TO THIRD PARTIES ARISING OUT OF THIS AGREEMENTFROM ANY SOURCE, EVEN IF SUCH A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PARTIES UNDERSTAND AND AGREE THAT THE INTERNET IS INHERENTLY UNSAFE; CONSEQUENTLY UNDER FURTHER, COMPANY SHALL HAVE NO CIRCUMSTANCES WILL EITHER PARTY BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM: (A) HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS LIABILITY TO OR USE OF THE PLATFORM NOT CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF SUCH PARTY; (B) ANY INTERRUPTION OR CESSATION OF THE SERVICES; (C) ANY SOFTWARE BUGS, VIRUSES, TROJAN HORSES, OR OTHER HARMFUL CODE THAT MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM; (D) ERRORS, INACCURACIES, OR OMISSIONS OF INFORMATION, CUSTOMER OR ANY LOSSES INCURRED AS A RESULT OF, RESULTING FROM THIRD PARTY IN CONNECTION WITH THE USE HEALTH SCREENING POLICY PERMITTING SELF-ATTESTATION. THIS LIMITATION UPON DAMAGES AND CLAIMS IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THE PLATFORM; AND/THIS AGREEMENT HAVE BEEN BREACHED OR (E) INFORMATION THAT IS TRANSMITTED USING THE PLATFORM THAT IS DEFAMATORY, OFFENSIVE, OR ILLEGALHAVE PROVEN INEFFECTIVE.

Types of Damages. EXCEPT IN TO THE CASE EXTENT LEGALLY PERMITTED UNDER APPLICABLE LAW, NEITHER CUSTOMER NOR PROVIDER NOR ANY OF BREACH OF CONFIDENTIALITYTHEIR REPECTIVE AFFILIATES, IN NO EVENT SHALL EITHER PARTY AGENTS, CONTRACTORS OR SUB- CONTRACTORS/PROCESSORS, WILL BE LIABLE FOR ANY CONSEQUENTIALSPECIAL, INDIRECT, INCIDENTAL OR INCIDENTALCONSEQUENTIAL DAMAGES ARISING IN CONNECTION WITH THESE TERMS OF SERVICE, OR ANY DAMAGES WHATSOEVEROR COSTS DUE TO LOSS OF PROFITS, DATA, USE OR GOODWILL, PERSONAL OR PROPERTY DAMAGE RESULTING FROM OR IN CONNECTION WITH THESE TERMS OF SERVICE OR THE USE, MISUSE, OR INABILITY TO USE THE SERVICES OR OTHER PRODUCTS HEREUNDER, REGARDLESS OF THE CAUSE OF ACTION OR THE THEORY OF LIABILITY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, EVEN IF ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES OR SUCH POSSIBILITY WAS REASONABLY FORESEABLE. IN NO EVENT SHALL EITHER PARTY PROVIDER BE LIABLE FOR ANY PUNITIVE PROCUREMENT COSTS OF SUBSTITUTE PRODUCTS OR SPECIAL DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR SERVICES OR LOSS OF BUSINESS PROFITSDATA. THE FOREGOING LIMITATION ON LIABILITY SHALL, BUSINESS INTERRUPTIONHOWEVER, NOT BE APPLICABLE TO (a) A PARTY’S INDEMNITY OBLIGATIONS UNDER THESE TERMS OF SERVICE TO THE EXTENT SUCH DAMAGES ARE AWARDED TO THIRD PARTIES OR (b) ANY VIOLATION BY PROVIDER OF CUSTOMER’S PROPRIETARY RIGHTS (FOR CLARITY, LOSS OF BUSINESS INFORMATION, AND THE LIKE, ARISING OUT DATA SHALL NOT BE DEEMED A VIOLATION OF THIS AGREEMENT, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PARTIES UNDERSTAND AND AGREE THAT THE INTERNET IS INHERENTLY UNSAFE; CONSEQUENTLY UNDER NO CIRCUMSTANCES WILL EITHER PARTY BE RESPONSIBLE FOR ANY DAMAGE, LOSSCUSTOMER’S PROPRIETARY RIGHTS), OR INJURY RESULTING FROM: (Ac) HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS A PARTY’S WILLFUL MISCONDUCT. FOR CLARITY A PARTY’S FAILURE TO OR USE PERFORM INDEMNITY OBLIGATIONS UNDER THESE TERMS OF THE PLATFORM NOT CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF SUCH PARTY; (B) ANY INTERRUPTION OR CESSATION OF THE SERVICES; (C) ANY SOFTWARE BUGS, VIRUSES, TROJAN HORSES, OR OTHER HARMFUL CODE THAT MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM; (D) ERRORS, INACCURACIES, OR OMISSIONS OF INFORMATION, OR ANY LOSSES INCURRED AS A RESULT OF, RESULTING FROM THE USE OF THE PLATFORM; AND/OR (E) INFORMATION THAT IS TRANSMITTED USING THE PLATFORM THAT IS DEFAMATORY, OFFENSIVE, OR ILLEGALSERVICE RESULTS IN DIRECT DAMAGES.

Types of Damages. EXCEPT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER LICENSOR NOR ITS AFFILIATES OR SUPPLIERS WILL BE LIABLE TO CUSTOMER OR CUSTOMER PERSONNEL FOR ANY LOSS OF PROFITS, OR SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE INCLUDING DAMAGES OR COSTS DUE TO LOSS OF DATA, REVENUE, GOODWILL, PRODUCTION OR USE, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR PERSONAL OR PROPERTY DAMAGE ARISING OUT OF OR IN CONNECTION WITH LICENSOR'S PERFORMANCE HEREUNDER OR THE CASE USE, MISUSE, OR INABILITY TO USE THE GETINGE SOFTWARE, UPGRADES, CORRECTIONS, DOCUMENTATION OR THE SERVICES OR THE LICENSE GRANTED HEREUNDER, REGARDLESS OF BREACH THE CAUSE OF CONFIDENTIALITYACTION OR THE THEORY OF LIABILITY, WHETHER IN NO EVENT TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, EVEN IF LICENSOR HAS BEEN NOTIFIED OF THE LIKELIHOOD OF SUCH DAMAGES. LICENSOR AND ITS SUPPLIERS SHALL EITHER PARTY NOT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, CLAIMS OR INCIDENTAL, DAMAGES WHATSOEVER. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY PUNITIVE OR SPECIAL DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE, ARISING OUT OF THIS AGREEMENT, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PARTIES UNDERSTAND AND AGREE THAT THE INTERNET IS FROM INHERENTLY UNSAFE; CONSEQUENTLY UNDER NO CIRCUMSTANCES WILL EITHER PARTY BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM: (A) HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS TO OR DANGEROUS USE OF THE PLATFORM NOT CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF SUCH PARTY; (B) ANY INTERRUPTION OR CESSATION OF THE SERVICES; (C) ANY GETINGE SOFTWARE BUGS, VIRUSES, TROJAN HORSES, OR OTHER HARMFUL CODE THAT MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM; (D) ERRORS, INACCURACIES, OR OMISSIONS OF INFORMATION, OR ANY LOSSES INCURRED AS A RESULT OF, RESULTING FROM THE USE OF THE PLATFORM; AND/OR (E) INFORMATION THAT IS TRANSMITTED USING THE PLATFORM THAT IS DEFAMATORY, OFFENSIVE, OR ILLEGALTHIRD- PARTY SOFTWARE LICENSED HEREUNDER.