Common use of Warranties Limitation of Liability Clause in Contracts

Warranties Limitation of Liability. 11.1 Each Project Partner contributing Background Information warrants that, to the best of its knowledge: a) it has provided the Background Information as set forth in Article 5.1 correct and complete, however, on the basis of “as-is”, without any warranty in that respect; b) it has sufficient rights to grant the licences under the Background Information pursuant to Article 5, subject, however to the limitations set forth in Appendix 4. 11.2 Project Partners do not accept any liabilities for damage or loss which arises due to the fact that the Results do not qualify for patenting or because rights of third parties are infringed when applying the Results. None of the Project Partners accepts any liability or responsibility for any use which may be made by any other Project Partner of any Result, nor for any reliance which may be placed by that other Project Partner on any Result, nor for advice or information given in connection with any Result. A Project Partner using the Result of another Project Partner shall indemnify and hold harmless the other Project Partner against any and all claims by third parties relating to the use of the Project Partner. 11.3 Except for the warranty under Article 11.1, the Project Partners disclaim any implicit or explicit warranty. 11.4 Except in case of gross negligence, wilful misconduct or breach of the warranty pursuant to Article 11.1, the maximum aggregate liability of a Project Partner shall be equal to its share in the overall Project Budget. Furthermore shall none of the Parties be liable for any indirect or consequential damage, such as but not limited to lost goodwill, economic loss of turnover or profit, loss of revenue, loss of contracts or other economic loss, provided that such loss or damage was not caused by gross negligence or wilful misconduct.

Warranties Limitation of Liability. 11.1 Each Project Partner contributing Background Information warrants that, to the best of its knowledge: a) it has provided the Background Information as set forth in Article 5.1 correct and complete, however, on the basis of “as-is”, without any warranty in that respect; b) it has sufficient rights to grant the licences under the Background Information pursuant to Article 5, subject, however to the limitations set forth in Appendix 45. 11.2 Project Partners do not accept any liabilities for damage or loss which arises due to the fact that the Results do not qualify for patenting or because rights of third parties are infringed when applying the Results. None of the Project Partners accepts any liability or responsibility for any use which may be made by any other Project Partner of any Result, nor for any reliance which may be placed by that other Project Partner on any Result, nor for advice or information given in connection with any Result. A Project Partner using the Result of another Project Partner shall indemnify and hold harmless the other Project Partner against any and all claims by third parties relating to the use of the Project Partner. 11.3 Except for the warranty under Article 11.1, the Project Partners disclaim any implicit or explicit warranty. 11.4 Except in case of gross negligence, wilful misconduct or breach of the warranty pursuant to Article 11.1, the maximum aggregate liability of a Project Partner shall be equal to its share in the overall Project Budget. Furthermore shall none of the Parties be liable for any indirect or consequential damage, such as but not limited to lost goodwill, economic loss of turnover or profit, loss of revenue, loss of contracts or other economic loss, provided that such loss or damage was not caused by gross negligence or wilful misconduct.