Common use of Disclaimer of Certain Damages Clause in Contracts

Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL AXIOM PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, IN EACH CASE WHETHER OR NOT AXIOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE AXIOM PROPERTIES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH AXIOM PROPERTIES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON AXIOM PROPERTIES; OR (5) ANY OTHER MATTER RELATED TO AXIOM PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF AN AXIOM PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY AN AXIOM PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY AN AXIOM PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.

Disclaimer of Certain Damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL AXIOM PARTIES ITSCOASTAL BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGESDAMAGES ARISING OUT OF OR IN CONNECTION WITH ITSCOASTAL PROPERTIES, OR FOR ANY DAMAGES OR COSTS DUE TO RESULTING FROM LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS DATA OR SERVICES, IN EACH CASE WHETHER OR NOT AXIOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESPROFITS, ARISING OUT OF OR IN CONNECTION WITH ITSCOASTAL PROPERTIES, WHETHER OR NOT ITSCOASTAL HAS BEEN ADVISED OF THE AGREEMENTPOSSIBLITY OF SUCH DAMAGES, ON OR FOR ANY THEORY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF LIABILITYOR IN CONNECTION WITH THE TERMS, RESULTING FROM: (1) THE USE OR INABILITY TO USE AXIOM ITSCOASTAL PROPERTIES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH AXIOM COMPANY PROPERTIES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON AXIOM ITSCOASTAL PROPERTIES; OR (5) ANY OTHER MATTER RELATED TO AXIOM ITSCOASTAL PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF AN AXIOM PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY AN AXIOM PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY AN AXIOM PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.

Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL AXIOM BACK MARKET PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGESDAMAGES ARISING OUT OF OR IN CONNECTION WITH THE BACK MARKET PROPERTIES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USEPROFITS, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, IN EACH CASE WHETHER OR NOT AXIOM BACK MARKET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENTTERMS, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE BACK MARKET PROPERTIES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE AXIOM THE BACK MARKET PROPERTIES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH AXIOM THE BACK MARKET PROPERTIES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON AXIOM THE BACK MARKET PROPERTIES; OR (5) ANY OTHER MATTER RELATED TO AXIOM PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF AN AXIOM PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY AN AXIOM PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY AN AXIOM PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.OR

Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL AXIOM CircleIn PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGESDAMAGES ARISING OUT OF OR IN CONNECTION WITH CircleIn PROPERTIES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USEPROFITS, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, IN EACH CASE WHETHER OR NOT AXIOM CircleIn HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENTTERMS, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF CircleIn PROPERTIES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE AXIOM CircleIn PROPERTIES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH AXIOM CircleIn PROPERTIES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD THIRD- PARTY ON AXIOM CircleIn PROPERTIES; OR (5) ANY OTHER MATTER RELATED TO AXIOM CircleIn PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF AN AXIOM PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY AN AXIOM PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY AN AXIOM PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.

Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT SHALL AXIOM PARTIES WE, OR THE TALLY PARTIES, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES FOR ANY LOSS OF LOST PROFITS, REVENUE OR DATADATA LOSS, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS COST OF PRODUCTION OR USE, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, IN EACH CASE WHETHER OR NOT AXIOM HAS BEEN ADVISED SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF THE POSSIBILITY OF SUCH DAMAGESANY KIND WHATSOEVER (HOWEVER ARISING), ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT, ON ANY THEORY OF LIABILITY, RESULTING FROM: FOR (1I) THE USE OR INABILITY TO USE AXIOM PROPERTIESTHE SERVICES; (2II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OBTAINED, OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH AXIOM PROPERTIESSERVICES; (3III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON AXIOM PROPERTIESTHE SERVICES; OR (5V) ANY OTHER MATTER RELATED TO AXIOM PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORYSERVICES. THE FOREGOING CAP ON LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY OF AN AXIOM PARTY THE TALLY PARTIES FOR (Ai) DEATH OR PERSONAL INJURY CAUSED BY AN AXIOM A TALLY PARTY’S NEGLIGENCE; OR FOR (Bii) ANY INJURY CAUSED BY AN AXIOM A TALLY PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.

Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL AXIOM COMPANY PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, IN EACH CASE WHETHER OR NOT AXIOM COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE AXIOM COMPANY PROPERTIES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH AXIOM COMPANY PROPERTIES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON AXIOM COMPANY PROPERTIES; OR (5) ANY OTHER MATTER RELATED TO AXIOM COMPANY PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF AN AXIOM PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY AN AXIOM PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY AN AXIOM PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.

Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL AXIOM AMERICAN ENGLISH PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGESDAMAGES ARISING OUT OF OR IN CONNECTION WITH THE AMERICAN ENGLISH PROPERTIES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USEPROFITS, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, IN EACH CASE WHETHER OR NOT AXIOM AMERICAN ENGLISH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENTTERMS, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE AMERICAN ENGLISH PROPERTIES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE AXIOM THE AMERICAN ENGLISH PROPERTIES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH AXIOM THE AMERICAN ENGLISH PROPERTIES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON AXIOM PROPERTIES; OR (5) ANY OTHER MATTER RELATED TO AXIOM PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF AN AXIOM PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY AN AXIOM PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY AN AXIOM PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.;

Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL AXIOM SKYHI PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE REV- ENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGESDAM- AGES ARISING OUT OF OR IN CONNECTION WITH SKYHI PROPERTIES, OR DAMAGES DAM- AGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTIONINTER- RUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, IN EACH CASE WHETHER OR NOT AXIOM SKY- HI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENTTERMS, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF SKYHI PROPERTIES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE AXIOM SKYHI PROPERTIES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS SERVICES, INCLUDING WITHOUT LIMITATION, ANY ADDITIONAL ACCOMMODA- TIONS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH AXIOM PROPERTIESTRAVEL ARRANGEMENTS; (3) UNAUTHORIZED ACCESS TO OR ALTERATION ALTER- ATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON AXIOM PROPERTIESPARTY; OR (5) ANY OTHER MATTER RELATED TO AXIOM PROPERTIESSKYHI PROPER- TIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING IN- CLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF AN AXIOM PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY AN AXIOM PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY AN AXIOM PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.

Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT IN NO EVENT NEITHER PARTY SHALL AXIOM PARTIES BE LIABLE TO THE OTHER FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTALCONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL OR CONSEQUENTIAL PUNITIVE DAMAGES, OR DAMAGES OR COSTS DUE TO INCLUDING WITHOUT LIMITATION LOSS OF PRODUCTION USE OR USELOST BUSINESS, BUSINESS INTERRUPTIONREVENUE, PROCUREMENT PROFITS OR GOODWILL, ARISING IN CONNECTION WITH THIS CONTRACT, UNDER ANY THEORY OF SUBSTITUTE GOODS TORT, CONTRACT, WARRANTY, STRICT LIABILITY OR SERVICESNEGLIGENCE, IN EACH CASE WHETHER EVEN IF THE PARTY KNEW OR NOT AXIOM HAS BEEN ADVISED SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE AXIOM PROPERTIES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH AXIOM PROPERTIES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON AXIOM PROPERTIES; OR (5) ANY OTHER MATTER RELATED TO AXIOM PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY. THE FOREGOING CAP ON LIABILITY PROVISIONS OF THIS PARAGRAPH SHALL NOT APPLY TO CONTRACTOR’S OBLIGATIONS TO INDEMNIFY ANY INDEMNITEE. NO LIMITATION OF CONTRACTOR’S LIABILITY SHALL APPLY TO CONTRACTOR’S LIABILITY FOR LOSS OR DAMAGE TO GBI EQUIPMENT, PROPERTY, MATERIAL, DATA AND FILES WHILE SUCH EQUIPMENT, PROPERTY, MATERIAL, DATA AND FILES ARE IN THE SOLE CARE, CUSTODY AND CONTROL OF AN AXIOM PARTY FOR CONTRACTOR’S PERSONNEL. CONTRACTOR FURTHER AGREES THAT SUCH EQUIPMENT, PROPERTY, MATERIAL, DATA AND FILES TRANSPORTED BY CONTRACTOR PERSONNEL IN A VEHICLE BELONGING TO CONTRACTOR (AINCLUDING ANY VEHICLE RENTED OR LEASED BY CONTRACTOR OR CONTRACTOR’S PERSONNEL) DEATH SHALL BE DEEMED TO BE IN THE SOLE CARE, CUSTODY AND CONTROL OF CONTRACTOR’S PERSONNEL WHILE BEING TRANSPORTED. CONTRACTOR OBLIGATIONS TO SAFEGUARD THE INTEGRITY OF ANY INFORMATION OR PERSONAL INJURY CAUSED DATA AS PROVIDED BY AN AXIOM THE GBI AND TO PROPERLY PERFORM DATA CONVERSION AS DESCRIBED IN THE RFP REMAIN IN EFFECT. NOTHING IN THIS SECTION SHALL LIMIT OR AFFECT CONTRACTOR’S LIABILITY ARISING FROM CLAIMS BROUGHT BY ANY THIRD PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY AN AXIOM PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.

Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL AXIOM MYQVO PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGESDAMAGES ARISING OUT OF OR IN CONNECTION WITH MYQVO PROPERTIES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USEPROFITS, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, IN EACH CASE WHETHER OR NOT AXIOM MYQVO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENTTERMS, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF MYQVO PROPERTIES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE AXIOM MYQVO PROPERTIES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH AXIOM MYQVO PROPERTIES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD THIRD- PARTY ON AXIOM MYQVO PROPERTIES; OR (5) ANY OTHER MATTER RELATED TO AXIOM MYQVO PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF AN AXIOM PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY AN AXIOM PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY AN AXIOM PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.

Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL AXIOM COMPANY PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, IN EACH CASE WHETHER OR NOT AXIOM COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENTAGREEMENT OR ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF COMPANY PROPERTIES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE AXIOM COMPANY PROPERTIES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH AXIOM COMPANY PROPERTIES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON AXIOM COMPANY PROPERTIES; OR (5) ANY OTHER MATTER RELATED TO AXIOM COMPANY PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), ) OR ANY OTHER LEGAL THEORY. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF AN AXIOM A COMPANY PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY AN AXIOM A COMPANY PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY AN AXIOM A COMPANY PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.