Common use of Consequential Damage Exclusion Clause in Contracts

Consequential Damage Exclusion. NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR LOSS OF PROFITS OR FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF GOODWILL, BUSINESS INTERRUPTION) IN CONNECTION WITH THE PERFORMANCE OF THE MENDIX PLATFORM OR EXPERT SERVICES, OR THE PERFORMANCE OF ANY OTHER OBLIGATION UNDER THIS AGREEMENT, EVEN IF IT IS AWARE OF THE POSSIBILITY OF THE OCCURRENCE OF SUCH DAMAGES.

Appears in 2 contracts

Sources: Licensing Agreement, Master Services Agreement