Common use of DISCLAIMER OF DAMAGES Clause in Contracts

DISCLAIMER OF DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS MSA, TO THE FULLEST EXTENT PERMITTED BY LAW, NO PARTY WILL, UNDER ANY CIRCUMSTANCES BE LIABLE TO THE OTHER PARTY, ITS GROUP OR USERS FOR ANY: (A) COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY OR SERVICES; OR, (B) CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR INDIRECT DAMAGES, INCLUDING LOSS OF PROFITS, BUSINESS, DATA, SOFTWARE, GOODWILL, REVENUE, ANTICIPATED SAVINGS OR OPPORTUNITY, BUSINESS INTERRUPTION, WASTED EXPENDITURE, DAMAGE TO IMAGE OR REPUTATION, CORRUPTION OF DATA, EVEN IF THAT PARTY IS APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING. THE PRECEDING EXCLUSION WILL NOT APPLY TO A PARTY’S INDEMNITY OBLIGATIONS (BUT SOLELY TO THE EXTENT SUCH AMOUNTS ARE PAID TO A THIRD PARTY UNDER SUCH INDEMNITY). IN NO CIRCUMSTANCES SHALL ANY OF OUR LICENSORS BE LIABLE TO YOU UNDER THIS MSA.

DISCLAIMER OF DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS MSA, TO THE FULLEST EXTENT PERMITTED BY LAW, NO PARTY WILL, UNDER ANY CIRCUMSTANCES BE LIABLE TO THE OTHER PARTY, ITS GROUP OR USERS FOR ANY: ANY (A) COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY OR SERVICES; OR, (B) CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR EXEMPLARY DAMAGES ARISING DIRECTLY OR INDIRECT DAMAGESINDIRECTLY OUT OF OR RELATED TO THIS MSA, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, PROFITS OR LOSS OF BUSINESS, DATA, SOFTWARE, GOODWILL, REVENUE, ANTICIPATED SAVINGS OR OPPORTUNITY, BUSINESS INTERRUPTION, LOSS OF REVENUE, WASTED EXPENDITURE, LOSS OF ANTICIPATED SAVINGS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL AND DAMAGE TO IMAGE OR REPUTATION, CORRUPTION OF DATA, EVEN IF THAT PARTY IS APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING. THE PRECEDING EXCLUSION OF DAMAGES WILL NOT APPLY TO A PARTY’S BREACH OF CONFIDENTIALITY, BREACH OF THE LICENSE GRANT IN SECTION 4.1 BY YOU, OR A PARTY’S INDEMNITY OBLIGATIONS (BUT SOLELY TO THE EXTENT SUCH AMOUNTS ARE PAID TO A THIRD PARTY UNDER SUCH INDEMNITY). IN NO CIRCUMSTANCES SHALL ANY OF OUR LICENSORS BE LIABLE TO YOU UNDER THIS MSA.

DISCLAIMER OF DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS MSA, TO THE FULLEST EXTENT PERMITTED BY LAW, NO PARTY WILL, UNDER ANY CIRCUMSTANCES BE LIABLE TO THE OTHER PARTY, ITS GROUP OR USERS FOR ANY: ANY (A) COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY OR SERVICES; OR, (B) CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR EXEMPLARY DAMAGES ARISING DIRECTLY OR INDIRECT DAMAGESINDIRECTLY OUT OF OR RELATED TO THIS MSA, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, PROFITS OR LOSS OF BUSINESS, DATA, SOFTWARE, GOODWILL, REVENUE, ANTICIPATED SAVINGS OR OPPORTUNITY, BUSINESS INTERRUPTION, LOSS OF REVENUE, WASTED EXPENDITURE, LOSS OF ANTICIPATED SAVINGS, LOSS OR CORRUPTION OF DATA, LOSS OF SOFTWARE, LOSS OF GOODWILL AND DAMAGE TO IMAGE OR REPUTATION, CORRUPTION OF DATA, EVEN IF THAT PARTY IS APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRINGOCCURRING AND EVEN IF A REMEDY FAILS ITS ESSENTIAL PURPOSE. THE PRECEDING EXCLUSION OF DAMAGES WILL NOT APPLY TO A PARTY’S BREACH OF CONFIDENTIALITY, BREACH OF THE LICENSE GRANT IN SECTION 4.1 BY YOU, OR A PARTY’S INDEMNITY OBLIGATIONS (BUT SOLELY TO THE EXTENT SUCH AMOUNTS ARE PAID TO A THIRD PARTY UNDER SUCH INDEMNITY). IN NO CIRCUMSTANCES SHALL ANY OF OUR LICENSORS BE LIABLE TO YOU UNDER THIS MSA.

DISCLAIMER OF DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS MSA, TO THE FULLEST EXTENT PERMITTED BY LAW, NO PARTY WILL, UNDER ANY CIRCUMSTANCES BE LIABLE TO THE OTHER PARTY, ITS GROUP OR USERS FOR ANY: ANY (A) COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY OR SERVICES; OR, (B) CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR EXEMPLARY DAMAGES ARISING DIRECTLY OR INDIRECT DAMAGESINDIRECTLY OUT OF OR RELATED TO THIS MSA, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, PROFITS OR LOSS OF BUSINESS, DATA, SOFTWARE, GOODWILL, REVENUE, ANTICIPATED SAVINGS OR OPPORTUNITY, BUSINESS INTERRUPTION, LOSS OF REVENUE, WASTED EXPENDITURE, LOSS OF ANTICIPATED SAVINGS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL AND DAMAGE TO IMAGE OR REPUTATION, CORRUPTION OF DATA, EVEN IF THAT PARTY IS APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING. THE PRECEDING EXCLUSION OF DAMAGES WILL NOT APPLY TO A PARTY’S BREACH OF CONFIDENTIALITY, BREACH OF THE LICENSE GRANT IN SECTION 4.1 BY YOU, OR A PARTY’S INDEMNITY OBLIGATIONS (BUT SOLELY TO THE EXTENT SUCH AMOUNTS ARE PAID TO A THIRD PARTY UNDER SUCH INDEMNITY). IN NO CIRCUMSTANCES SHALL ANY OF OUR LICENSORS BE LIABLE TO YOU UNDER THIS MSA.

DISCLAIMER OF DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS MSA, TO THE FULLEST EXTENT PERMITTED BY LAW, NO PARTY WILL, UNDER ANY CIRCUMSTANCES BE LIABLE TO THE OTHER PARTY, ITS GROUP OR USERS FOR ANY: (A) COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY OR SERVICES; OR, (B) CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR INDIRECT DAMAGES, INCLUDING LOSS OF PROFITS, BUSINESS, DATA, SOFTWARE, GOODWILL, REVENUE, ANTICIPATED SAVINGS OR OPPORTUNITY, BUSINESS INTERRUPTION, WASTED EXPENDITURE, DAMAGE TO IMAGE OR REPUTATION, CORRUPTION OF DATADATA (EXCEPT WHERE ARISING DIRECTLY FROM A BREACH OF THIS MSA), EVEN IF THAT PARTY IS APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRINGOCCURRING AND EVEN IF A REMEDY FAILS ITS ESSENTIAL PURPOSE. THE PRECEDING EXCLUSION WILL NOT APPLY TO A PARTY’S INDEMNITY OBLIGATIONS (BUT SOLELY TO THE EXTENT SUCH AMOUNTS ARE PAID TO A THIRD PARTY UNDER SUCH INDEMNITY). IN NO CIRCUMSTANCES SHALL ANY OF OUR LICENSORS BE LIABLE TO YOU UNDER THIS MSA.

DISCLAIMER OF DAMAGES. NOTWITHSTANDING ANYTHING A PARTY’S LIABILITY HEREUNDER SHALL BE LIMITED TO DIRECT ACTUAL DAMAGES ONLY. SUCH DIRECT ACTUAL DAMAGES SHALL BE THE CONTRARY CONTAINED SOLE AND EXCLUSIVE REMEDY, AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN THIS MSA, TO THE FULLEST EXTENT PERMITTED BY LAW, NO EQUITY ARE WAIVED. NEITHER PARTY WILL, UNDER ANY CIRCUMSTANCES SHALL BE LIABLE HEREUNDER TO THE OTHER PARTYPARTY OR ITS AFFILIATES FOR SPECIAL, ITS GROUP OR USERS FOR ANY: (A) COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY OR SERVICES; OR, (B) CONSEQUENTIAL, INCIDENTAL, SPECIALPUNITIVE, EXEMPLARY EXEMPLARY, OR INDIRECT DAMAGES, INCLUDING LOSS OF LOST PROFITS (OTHER THAN DIRECT, ACTUAL LOST PROFITS), BUSINESSOR OTHER BUSINESS INTERRUPTION OR SIMILAR DAMAGES, DATABY STATUTE, SOFTWAREIN TORT, GOODWILLOR CONTRACT, REVENUE, ANTICIPATED SAVINGS UNDER ANY INDEMNITY PROVISION OR OPPORTUNITY, BUSINESS INTERRUPTION, WASTED EXPENDITURE, DAMAGE TO IMAGE OR REPUTATION, CORRUPTION OF DATA, EVEN IF THAT PARTY OTHERWISE. IT IS APPRISED THE INTENT OF THE LIKELIHOOD PARTIES THAT THE LIMITATIONS HEREIN IMPOSED ON REMEDIES AND THE MEASURE OF SUCH DAMAGES OCCURRING. THE PRECEDING EXCLUSION WILL NOT APPLY TO A PARTY’S INDEMNITY OBLIGATIONS (BUT SOLELY BE WITHOUT REGARD TO THE EXTENT CAUSE OR CAUSES RELATED THERETO, INCLUDING THE STRICT LIABILITY OR NEGLIGENCE OF ANY PARTY, WHETHER SUCH AMOUNTS ARE PAID TO A THIRD PARTY UNDER SUCH INDEMNITY). IN NO CIRCUMSTANCES SHALL ANY OF OUR LICENSORS STRICT LIABILITY OR NEGLIGENCE BE LIABLE TO YOU UNDER THIS MSASOLE, JOINT, OR CONCURRENT, OR ACTIVE OR PASSIVE.

DISCLAIMER OF DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED AND EXCEPT FOR (I) THIRD- PARTY CLAIMS FOR PERSONAL INJURY, INCLUDING DEATH, AND DAMAGE TO TANGIBLE PROPERTY CAUSED BY THE NEGLIGENT OR INTENTIONAL ACTS OF A PARTY OR ITS PERSONNEL; AND (II) WILLFUL MISCONDUCT, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY SPECIAL, INDIRECT, EXEMPLARY, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING UNDER OR RELATING TO THIS MSAAGREEMENT IN ANY WAY, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, LOSS OF USE, OR LOSS OF PROFITS EVEN IF A PARTY HAS BEEN ADVISED, KNOWS, OR SHOULD KNOW OF THE POSSIBILITY OF THE FOREGOING. NOTWITHSTANDING ANYTHING SET FORTH HEREIN TO THE FULLEST EXTENT PERMITTED BY LAWCONTRARY, NO PARTY WILL, UNDER ANY CIRCUMSTANCES BE LIABLE TO THE OTHER PARTY, ITS GROUP OR USERS FOR ANY: (A) COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY OR SERVICES; ORTHE CITY DOES NOT WAIVE ANY IMMUNITY FROM PUNITIVE DAMAGES AVAILABLE UNDER APPLICABLE KANSAS LAW, (B) CONSEQUENTIALTHE PARTIES AGREE THAT THE TERMS OF THIS SECTION 10.01, INCIDENTALAND THE TERMS OF THIS AGREEMENT, SPECIALSHALL BE SUBJECT TO AND LIMITED BY THE KANSAS CASH BASIS LAW (K.S.A. 10-1100 ET SEQ.), EXEMPLARY OR INDIRECT DAMAGESTHE BUDGET LAW (K.S.A. 75-2935 ET SEQ.) AND THE KANSAS TORT CLAIMS ACT (K.S.A. 75-6101 ET SEQ.), INCLUDING LOSS OF PROFITSAND ALL AMENDMENTS TO SUCH LAWS, BUSINESSRESPECTIVELY, DATA, SOFTWARE, GOODWILL, REVENUE, ANTICIPATED SAVINGS OR OPPORTUNITY, BUSINESS INTERRUPTION, WASTED EXPENDITURE, DAMAGE TO IMAGE OR REPUTATION, CORRUPTION OF DATA, EVEN IF THAT PARTY IS APPRISED AND (C) ANY LIABILITY OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING. THE PRECEDING EXCLUSION WILL NOT APPLY TO A PARTY’S INDEMNITY OBLIGATIONS (BUT SOLELY CITY HEREUNDER SHALL BE SUBJECT TO THE EXTENT SUCH AMOUNTS ARE PAID TO A THIRD PARTY UNDER SUCH INDEMNITY). LIABILITY LIMITATIONS SET FORTH IN NO CIRCUMSTANCES SHALL ANY OF OUR LICENSORS BE LIABLE TO YOU UNDER THIS MSAK.S.A. 75-6105, AND AMENDMENTS THERETO.

DISCLAIMER OF DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS MSA, TO THE FULLEST EXTENT PERMITTED BY LAW, NO PARTY WILL, UNDER ANY CIRCUMSTANCES BE LIABLE TO THE OTHER PARTY, ITS GROUP OR USERS FOR ANY: (A) COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY OR SERVICES; OR, (B) CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR INDIRECT DAMAGES, INCLUDING INCLUDING: LOSS OF PROFITS, BUSINESS, DATA, SOFTWARE, GOODWILL, REVENUE, ANTICIPATED SAVINGS OR OPPORTUNITY, ; BUSINESS INTERRUPTION, ; WASTED EXPENDITURE, ; DAMAGE TO IMAGE OR REPUTATION, ; OR CORRUPTION OF DATADATA (EXCEPT WHERE ARISING DIRECTLY FROM A BREACH OF THIS MSA), EVEN IF THAT PARTY IS APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRINGOCCURRING AND EVEN IF A REMEDY FAILS ITS ESSENTIAL PURPOSE. THE PRECEDING EXCLUSION WILL NOT APPLY TO A PARTY’S INDEMNITY OBLIGATIONS (BUT SOLELY TO THE EXTENT SUCH AMOUNTS ARE PAID TO A THIRD PARTY UNDER SUCH INDEMNITY). IN NO CIRCUMSTANCES SHALL ANY OF OUR LICENSORS BE LIABLE TO YOU UNDER THIS MSA.

DISCLAIMER OF DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS MSAXXXX, TO THE FULLEST EXTENT PERMITTED BY LAW, NO PARTY WILL, UNDER ANY CIRCUMSTANCES BE LIABLE TO THE OTHER PARTY, ITS GROUP OR USERS FOR ANY: (A) COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY OR SERVICES; OR, (B) CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR INDIRECT DAMAGES, INCLUDING LOSS OF PROFITS, BUSINESS, DATA, SOFTWARE, GOODWILL, REVENUE, ANTICIPATED SAVINGS OR OPPORTUNITY, BUSINESS INTERRUPTION, WASTED EXPENDITURE, DAMAGE TO IMAGE OR REPUTATION, CORRUPTION OF DATA, EVEN IF THAT PARTY IS APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING. THE PRECEDING EXCLUSION WILL NOT APPLY TO A PARTY’S INDEMNITY OBLIGATIONS (BUT SOLELY TO THE EXTENT SUCH AMOUNTS ARE PAID TO A THIRD PARTY UNDER SUCH INDEMNITY)OBLIGATIONS. IN NO CIRCUMSTANCES SHALL ANY OF OUR LICENSORS BE LIABLE TO YOU UNDER THIS MSAXXXX.

DISCLAIMER OF DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS MSA, TO THE FULLEST EXTENT PERMITTED BY LAW, NO PARTY WILL, UNDER ANY CIRCUMSTANCES BE LIABLE TO THE OTHER PARTY, ITS GROUP OR USERS FOR ANY: (A) COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY OR SERVICES; OR, (B) CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR INDIRECT DAMAGES, INCLUDING LOSS OF PROFITS, BUSINESS, DATA, SOFTWARE, GOODWILL, REVENUE, ANTICIPATED SAVINGS OR OPPORTUNITY, BUSINESS INTERRUPTION, WASTED EXPENDITURE, DAMAGE TO IMAGE OR REPUTATION, CORRUPTION OF DATA, EVEN IF THAT PARTY IS APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING. THE PRECEDING EXCLUSION WILL NOT APPLY TO A PARTY’S INDEMNITY OBLIGATIONS (BUT SOLELY TO THE EXTENT SUCH AMOUNTS ARE PAID TO A THIRD PARTY UNDER SUCH INDEMNITY)OBLIGATIONS. IN NO CIRCUMSTANCES SHALL ANY OF OUR LICENSORS BE LIABLE TO YOU UNDER THIS MSA.