Damage Cap. IN NO EVENT SHALL UNIVERSITY’S TOTAL LIABILITY FOR THE BREACH OR NONPERFORMANCE OF THIS AGREEMENT EXCEED THE [***]. THIS LIMITATION SHALL APPLY TO CONTRACT, TORT, AND ANY OTHER CLAIM OF WHATEVER NATURE. THIS LIMITATION OF REMEDIES DOES NOT LIMIT UNIVERSITY’S OBLIGATION TO INDEMNIFY AS PROVIDED UNDER SECTION 9.
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Sources: Exclusive Patent License Agreement (Achaogen Inc), Exclusive Patent License Agreement (Achaogen Inc)