Common use of Disclaimer and Limitation of Liability Clause in Contracts

Disclaimer and Limitation of Liability. 3.1 OFAI does not make any representations or warranties with respect to the OFAI Program, which is provided on an “AS IS” and on an “AS AVAILABLE” basis. OFAI HEREBY DISCLAIMS ALL WARRANTIES OF ANY NATURE, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, OR ARISING FROM TRADE OR CUSTOM, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS OR ACCURACY, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS. OFAI SHALL NOT BE LIABLE FOR ANY LOSSES, EXPENSES OR DAMAGES OF ANY NATURE, INCLUDING SPECIAL, INCIDENTAL, PUNITIVE, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES OR LOSS OF USE, LOST OR DAMAGED DATA OR LOST INCOME OR PROFITS, RESULTING FROM OR ARISING OUT OF THE CANDIDATE’S PARTICIPATION IN THE OFAI PROGRAM, WHETHER ARISING IN TORT, CONTRACT, STATUTE, OR OTHERWISE, EVEN IF OFAI HAS BEEN INFORMED OF OR IS AWARE OF THE POSSIBILITY THEREOF. IN NO EVENT WILL OFAI’S LIABILITY FOR DAMAGES ARISING FROM THE CANDIDATE’S PARTICIPATION IN THE OFAI PROGRAM, IN THE AGGREGATE, EXCEED THE APPLICATION FEES PAID BY THE CANDIDATE TO OFAI.

Disclaimer and Limitation of Liability. 3.1 OFAI does not make any representations or warranties with respect to the OFAI Program, which is provided on an ALL TANGIBLE PROPERTY AND INTELLECTUAL PROPERTY PROVIDED OR LICENSED BY APATH TO PHARMASSET HEREUNDER IS PROVIDED ON AN “AS AS-IS” and on an “BASIS AND, OTHER THAN AS AVAILABLE” basis. OFAI HEREBY DISCLAIMS ALL EXPLICITLY SET FORTH IN THIS AGREEMENT, APATH MAKES NO REPRESENTATIONS AND EXTENDS NO WARRANTIES OF ANY NATUREKIND, EXPRESS, EITHER EXPRESS OR IMPLIED, STATUTORY INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR OTHERWISEFITNESS FOR ANY PARTICULAR PURPOSE OR NON-INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY. NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST BUSINESS, OR ARISING FROM TRADE OR CUSTOM, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS OR ACCURACY, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS. OFAI SHALL NOT BE LIABLE FOR ANY LOSSES, EXPENSES OR DAMAGES OF ANY NATURE, INCLUDING SPECIALINDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, DIRECT, INDIRECT OR CONSEQUENTIAL OTHER SPECIAL DAMAGES OR LOSS OF USE, LOST OR DAMAGED DATA OR LOST INCOME OR PROFITS, RESULTING FROM OR SUFFERED BY A PARTY ARISING OUT OF THE CANDIDATE’S PARTICIPATION IN THE OFAI PROGRAM, WHETHER ARISING IN OR RELATED TO THIS AGREEMENT FOR ALL CAUSES OF ACTION OF ANY KIND (INCLUDING TORT, CONTRACT, STATUTENEGLIGENCE, OR OTHERWISE, STRICT LIABILITY AND BREACH OF WARRANTY) EVEN IF OFAI THE APPLICABLE PARTY HAS BEEN INFORMED OF OR IS AWARE ADVISED OF THE POSSIBILITY THEREOFOF SUCH DAMAGES. IN NO EVENT WILL OFAI’S LIABILITY FOR DAMAGES ARISING FROM THE CANDIDATE’S PARTICIPATION IN THE OFAI PROGRAM, IN THE AGGREGATE, EXCEED THE APPLICATION FEES PAID BY THE CANDIDATE TO OFAI.- 8 - Apath/PHARMASSET Non-Exclusive Sublicense Agreement (TP/IP)

Disclaimer and Limitation of Liability. 3.1 OFAI does not make any representations or warranties with respect to the OFAI ProgramIN NO EVENT WILL HONEYWELL BE LIABLE FOR ANY INCIDENTAL, which is provided on an “AS IS” and on an “AS AVAILABLE” basis. OFAI HEREBY DISCLAIMS ALL WARRANTIES OF ANY NATURECONSEQUENTIAL, EXPRESSSPECIAL, IMPLIEDPUNITIVE, EXEMPLARY, STATUTORY OR OTHERWISE, OR ARISING FROM TRADE OR CUSTOMINDIRECT DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, REVENUES, OTHER ECONOMIC LOSS OF USE, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, ANY IMPLIED WARRANTIES PENALTIES OF MERCHANTABILITYANY KIND, NON-INFRINGEMENTWHETHER OR NOT FORESEEABLE, QUALITY, TITLE, FITNESS EVEN IF INFORMED OF THE POSSIBILITY OF THESE DAMAGES. THE AGGREGATE LIABILITY OF HONEYWELL FOR A PARTICULAR PURPOSE, COMPLETENESS ANY CLAIMS ARISING OUT OF OR ACCURACY, RELATED TO THE FULLEST AGREEMENT WILL IN NO CASE EXCEED THE PAYMENTS MADE BY DISTRIBUTOR FOR THE AFFECTED PRODUCTS OR SERVICES DURING THE SIX-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. TO THE EXTENT PERMITTED BY APPLICABLE LAWS. OFAI SHALL NOT BE LIABLE FOR ANY LOSSESLAW, EXPENSES OR DAMAGES THESE LIMITATIONS AND EXCLUSIONS WILL APPLY WHETHER LIABILITY ARISES FROM BREACH OF ANY NATURE, INCLUDING SPECIAL, INCIDENTAL, PUNITIVE, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES OR LOSS OF USE, LOST OR DAMAGED DATA OR LOST INCOME OR PROFITS, RESULTING FROM OR ARISING OUT OF THE CANDIDATE’S PARTICIPATION IN THE OFAI PROGRAM, WHETHER ARISING IN TORT, CONTRACT, STATUTEINDEMNITY, WARRANTY, TORT (INCLUDING NEGLIGENCE), OPERATION OF LAW, OR OTHERWISE, EVEN IF OFAI HAS BEEN INFORMED OF OR IS AWARE OF THE POSSIBILITY THEREOF. IN NO EVENT WILL OFAI’S LIABILITY FOR DAMAGES ARISING FROM THE CANDIDATE’S PARTICIPATION IN THE OFAI PROGRAM, IN THE AGGREGATE, EXCEED THE APPLICATION FEES PAID BY THE CANDIDATE TO OFAI.