Common use of Death, Personal Injury and Fraudulent Misrepresentation Clause in Contracts

Death, Personal Injury and Fraudulent Misrepresentation. Nothing contained in this Agreement shall act to exclude or limit either party’s liability for (i) personal injury or death caused by the negligence of either party; (ii) fraudulent misrepresentation; or (iii) any acts or omissions for which the governing law prohibits the exclusion or limitation of liability.

Appears in 3 contracts

Samples: Services Agreement (Evoke Pharma Inc), Services Agreement (Evoke Pharma Inc), Services Agreement (Evoke Pharma Inc)

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Death, Personal Injury and Fraudulent Misrepresentation. Nothing contained in this Agreement shall act to exclude or limit either party’s liability for (i) personal injury or death caused by the negligence of either party; (ii) party or fraudulent misrepresentation; or (iii) any acts or omissions for which the governing law prohibits the exclusion or limitation of liability.

Appears in 3 contracts

Samples: Product Agreement (La Jolla Pharmaceutical Co), Product Agreement (Tetraphase Pharmaceuticals Inc), Product Agreement (Neurocrine Biosciences Inc)

Death, Personal Injury and Fraudulent Misrepresentation. Nothing contained in this Agreement shall will act to exclude or limit either party’s liability for (i) personal injury or death caused by the negligence of either party; (ii) party or fraudulent misrepresentation; or (iii) any acts or omissions for which the governing law prohibits the exclusion or limitation of liability.

Appears in 3 contracts

Samples: Product Agreement (Amylyx Pharmaceuticals, Inc.), Ardelyx, Inc., Akebia Therapeutics, Inc.

Death, Personal Injury and Fraudulent Misrepresentation. Nothing contained in this Agreement (including the limitations set forth in Section 10.1 and 10.2) shall act to exclude or limit either party’s liability for (i) personal injury or death caused by the negligence of either party; (ii) , fraudulent misrepresentation; or (iii) any acts or omissions for which the governing law prohibits the exclusion or limitation of liabilitymisrepresentation [***].

Appears in 2 contracts

Samples: Master Manufacturing Services Agreement, Product Agreement (Recro Pharma, Inc.)

Death, Personal Injury and Fraudulent Misrepresentation. Nothing contained in this Agreement shall act to exclude or limit either party’s or its Affiliate’s liability for (i) personal injury or death caused by the negligence of either party; party (or their respective Affiliates) (ii) fraud or fraudulent misrepresentation; misrepresentation or any (iiiii) any acts other liability to the extent the same may not be excluded or omissions for which the governing law prohibits the exclusion or limitation limited as a matter of liabilityApplicable Law.

Appears in 1 contract

Samples: Master Manufacturing Services Agreement (Melinta Therapeutics, Inc. /New/)

Death, Personal Injury and Fraudulent Misrepresentation. Nothing contained in this Agreement shall will act to exclude or limit either party’s liability for (i) personal injury or death caused by the negligence or willful misconduct of either party; (ii) party or fraudulent misrepresentation; or (iii) any acts or omissions for which the governing law prohibits the exclusion or limitation of liability.

Appears in 1 contract

Samples: Product Agreement (Galera Therapeutics, Inc.)

Death, Personal Injury and Fraudulent Misrepresentation. Nothing contained in this Agreement shall will act to exclude or limit either party’s liability for (i) personal injury (including but not limited to medical care and monitoring) or death caused by the negligence negligence, breach of any requirements of this Agreement of either party; (ii) party or fraudulent misrepresentation; or (iii) any acts or omissions for which the governing law prohibits the exclusion or limitation of liability.

Appears in 1 contract

Samples: Calliditas Therapeutics AB

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Death, Personal Injury and Fraudulent Misrepresentation. Nothing contained in this Agreement shall act to exclude or limit either partyParty’s liability for (i) personal injury injury, death or death fraudulent misrepresentation caused by the negligence of either party; (ii) fraudulent misrepresentation; or (iii) any acts or omissions for which Party. [***] = Indicates confidential information omitted from the governing law prohibits the exclusion or limitation of liabilityexhibit.

Appears in 1 contract

Samples: Supply Agreement (Therapeutics Acquisition Corp.)

Death, Personal Injury and Fraudulent Misrepresentation. Nothing contained in this Agreement shall will act to exclude or limit either party’s liability for (i) personal injury or death caused by the negligence of either party; (ii) party or fraudulent misrepresentation; or (iii) any acts or omissions for which the governing law prohibits the exclusion or limitation of liability.. Master Manufacturing Services Agreement

Appears in 1 contract

Samples: Savara Inc

Death, Personal Injury and Fraudulent Misrepresentation. Nothing contained in this Agreement Agreement, including the limitations set forth in this Section 10.2, shall act to exclude or limit either party’s liability for (i) personal injury or death caused by the negligence of either party; (ii) party or fraudulent misrepresentation; or (iii) any acts or omissions for which the governing law prohibits the exclusion or limitation of liability.

Appears in 1 contract

Samples: Manufacturing Services Agreement (Nabriva Therapeutics PLC)

Death, Personal Injury and Fraudulent Misrepresentation. Nothing contained in this Agreement shall act to exclude or limit either party’s liability for (i) personal injury injury, death or death caused by the negligence of either party; (ii) fraudulent misrepresentation; or (iii) any acts or omissions for which the governing law prohibits the exclusion or limitation of liability.

Appears in 1 contract

Samples: Manufacturing Services Agreement (Optimer Pharmaceuticals Inc)

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