Damage Exclusions Clause Samples

Damage Exclusions. EXCEPT WITH REGARD TO APPLICABLE INDEMNIFICATION OBLIGATIONS UNDER SECTION 14 HEREOF, NEITHER OF THE PARTIES HERETO NOR THEIR RESPECTIVE PARENT COMPANIES, AFFILIATES OR SUBSIDIARIES WILL BE LIABLE TO ONE ANOTHER FOR ANY COMPENSATION, REIMBURSEMENT FOR INVESTMENTS OR EXPENSES, LOST PROFITS, LOST GOOD WILL, LOST DATA, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR EXPENDITURES MADE IN RELIANCE ON THE CONTINUATION OF THIS AGREEMENT, OR FOR ANY INDIRECT, INCIDENTAL, EXPECTATION, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES ARISING IN CONNECTION WITH THIS AGREEMENT, THE TRANSACTIONS CONTEMPLATED HEREUNDER, THE RELATIONSHIP BETWEEN THE PARTIES ESTABLISHED HEREBY, OR EITHER PARTY’S EXERCISE OF ITS RIGHT TO TERMINATE THIS AGREEMENT IN ACCORDANCE WITH ITS TERMS, EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

Damage Exclusions. APART FROM ANY OTHER PROVISION IN THIS AGREEMENT EXCLUDING OR LIMITING THE LIABILITY OF EITHER PARTY, AND EXCEPT AS OTHERWISE PROVIDED IN SECTION 13 HEREOF, NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, BY REASON OF ANY MATTERS RELATING DIRECTLY OR INDIRECTLY TO THIS AGREEMENT OR ANY OTHER ASPECT OF THE PARTIES' BUSINESS RELATIONSHIP.

Damage Exclusions. EXCEPT AS OTHERWISE PROVIDED ELSEWHERE IN THIS AGREEMENT, NONE OF THE PARTIES SHALL BE LIABLE TO THE OTHER FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES OR LOST SALES OR PROFITS IN CONNECTION WITH ANY MATTERS RELATING IN ANY MANNER TO THIS AGREEMENT OR OTHERWISE RELATING TO THE BUSINESS RELATIONSHIP OF THE PARTIES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES BY THE OTHER PARTIES.

Damage Exclusions. In no event will Infinidat, its affiliates, suppliers, or licensors be liable for any direct, consequential, indirect, special, incidental, exemplary, or punitive damages; loss of profits (whether arising as actual or consequential damages), loss of business, loss of revenue, loss of anticipated savings; any loss of, or damage to, data, reputation, or goodwill; or costs associated with loss of Services, your inability to access the Services, our termination or suspension of the Services, discontinuance of the Services or a part thereof, Services downtime, your investment or other expenditures related to using the Services, or procuring substitute goods or services.

Damage Exclusions. EXCEPT WITH REGARD TO APPLICABLE INDEMNIFICATION OBLIGATIONS UNDER SECTION 13 HEREOF, NEITHER PARTY HERETO NOR THEIR RESPECTIVE PARENT COMPANIES, AFFILIATES OR SUBSIDIARIES WILL BE LIABLE TO THE OTHER FOR ANY COMPENSATION, REIMBURSEMENT FOR INVESTMENTS OR EXPENSES, LOST PROFITS, LOST GOOD WILL, LOST DATA, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR EXPENDITURES MADE IN RELIANCE ON THE CONTINUATION OF THIS AGREEMENT, OR FOR ANY INDIRECT, INCIDENTAL, EXPECTATION, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES ARISING IN CONNECTION HEREWITH, THE TRANSACTIONS CONTEMPLATED HEREUNDER, THE RELATIONSHIP BETWEEN THE PARTIES ESTABLISHED HEREBY, OR EITHER PARTY’S EXERCISE OF ITS RIGHT TO TERMINATE THIS AGREEMENT IN ACCORDANCE WITH ITS TERMS, EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

Damage Exclusions. EXCEPT FOR BREACHES OF CONFIDENTIALITY OBLIGATIONS OR LICENSE RESTRICTIONS, IN NO EVENT SHALL ANY PARTY HERETO BE LIABLE TO THE OTHER FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES OR LOST SALES OR PROFITS IN CONNECTION WITH ANY MATTERS RELATING TO THE BUSINESS RELATIONSHIP OF THE PARTIES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES BY THE OTHER PARTY. THE FOREGOING SHALL NOT APPLY TO KNC’S LIABILITY IN THE EVENT THAT KNC HAS INTENTIONALLY OR WILLFULLY BREACHED THIS AGREEMENT BY FAILING TO PERFORM ITS OBLIGATIONS HEREUNDER, OR BY GROSS NEGLIGENCE HAS FAILED TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT. *****Confidential portions of the material have been omitted and filed separately with the Securities and Exchange Commission.

Damage Exclusions. In any claim for indemnification under this Agreement, neither SELLER nor BUYER shall be required to indemnify any Person for special, exemplary or consequential damages, including loss of profit or revenue, any multiple of reduced cash flow, interference with operations, or loss of lenders or investors of BUYER in connection with the Acquisition.