Common use of Unlimited Liability Clause in Contracts

Unlimited Liability. The limitations of liability pursuant to Section 11.2 shall not apply to: (a) any fraudulent, grossly negligent or willful acts or omissions by a Party; (b) either Party’s breach of Section 14.1; (c) a Party’s indemnification obligations pursuant to Section 10.1 or Section 10.2; (d) Supplier’s liability to pass-on any sums or other benefits it is able to recover from a Third Party subcontractor under Section 11.2(d); for clarity, any such recovered sums or benefits shall not count against the liability cap set out in Section 11.2(a); (e) Purchaser’s liability for Damages incurred by Supplier in relation to the use of the 3M Trademark by Purchaser or its Affiliates or licensees, including breach of license terms, damages to the 3M Trademark itself or the infringing use of the 3M Trademark; and (f) Supplier’s obligation to replace, or provide a refund for, Products that do not conform to the warranty pursuant to Section 9.2.

Unlimited Liability. The limitations of liability pursuant to Section 11.2 10.2 shall not apply to: (a) any fraudulent, grossly negligent or willful acts or omissions by a Party; (b) either Party’s breach of Section 14.112.6; (c) a Party’s indemnification obligations pursuant to Section 10.1 or Section 10.2Article 9 (Indemnities); (d) Supplier’s liability to pass-on any sums or other benefits it is able to recover from a Third Party subcontractor Provider under Section 11.2(d10.2(d); for clarity, any such recovered sums or benefits shall not count against the liability cap set out in Section 11.2(a10.2(a); (e) PurchaserRecipient’s liability for Damages incurred by Supplier in relation to the use of the 3M Trademark by Purchaser Recipient or its Affiliates or licensees, including breach of license terms, damages to the 3M Trademark itself or the infringing use of the 3M Trademark; and (f) Supplier’s obligation to replace, or provide a refund for, Products that do not conform to the warranty pursuant to Section 9.28.2.

Unlimited Liability. The limitations of liability pursuant to Section 11.2 7.2 shall not apply to: (a) any fraudulent, grossly negligent or willful acts or omissions by a Party; (b) either Party’s breach of Section 14.110.5; (c) a Party’s indemnification obligations pursuant to Section 10.1 or Section 10.2Article 6; (d) SupplierXxxxxx’s liability to pass-on any sums or other benefits it is able to recover from a Third Party subcontractor Provider involved in the performance of Existing Third Party Services under Section 11.2(d7.2(d); for clarity, any such recovered sums or benefits shall not count against the liability cap set out in Section 11.2(a7.2(a); (e) PurchaserSpinCo’s liability for Damages incurred by Supplier Parent in relation to the use of the 3M Trademark by Purchaser SpinCo or its Affiliates or licensees, including breach of license terms, damages to the 3M Trademark itself or the infringing use of the 3M Trademark; and (f) SupplierSpinCo’s obligation to replace, or provide a refund for, Supported Products that do not conform to the warranty pursuant to Section 9.23.3.

Unlimited Liability. The limitations of liability pursuant to Section 11.2 10.2 shall not apply to: (a) any fraudulent, grossly negligent or willful acts or omissions by a Party; (b) either Party’s breach of Section 14.112.6; (c) a Party’s indemnification obligations pursuant to Section 10.1 or Section 10.2Article 9; (d) Supplier’s liability to pass-on any sums or other benefits it is able to recover from a Third Party subcontractor Provider under Section 11.2(d10.2(d); for clarity, any such recovered sums or benefits shall not count against the liability cap set out in Section 11.2(a10.2(a); (e) PurchaserRecipient’s liability for Damages incurred by Supplier in relation to the use of the 3M Trademark by Purchaser Recipient or its Affiliates or licensees, including breach of license terms, damages to the 3M Trademark itself or the infringing use of the 3M Trademark; and (f) Supplier’s obligation to replace, or provide a refund for, Products that do not conform to the warranty pursuant to Section 9.28.2.