EXCEPT WITH RESPECT TO Clause Samples
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EXCEPT WITH RESPECT TO. (i) THE PARTIES' INDEMNIFICATION OBLIGATIONS SPECIFIED HEREIN; (ii) DAMAGES RELATED TO CLAIMS BASED ON A BREACH OF EITHER PARTY’S' OBLIGATIONS SET FORTH IN SECTION 11 (CONFIDENTIALITY) OR (iii) DAMAGES RELATED TO CLAIMS BASED ON EITHER PARTY’S' GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, IN NO EVENT SHALL EITHER PARTY'S AGGREGATE LIABILITY FOR DIRECT DAMAGES ARISING OUT OF THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED THE FEES PAID TO ZINC DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
EXCEPT WITH RESPECT TO. (I) ANY LOSSES FROM A BREACH OF A PARTY’S OBLIGATIONS UNDER SECTIONS 10 OR 11, (II) ROOMLINX’ WRONGFUL TERMINATION OR ABANDONMENT OF THE SERVICES, (III) A PARTY’S FRAUD OR WILLFUL MISCONDUCT AND (IV) LOSSES DUE TO A PARTY’S OBLIGATIONS SET FORTH IN SECTIONS 8(A), 8(B) OR 8(C), IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY OR ITS AFFILIATES FOR ANY SPECIAL, EXEMPLARY, INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING ANY DAMAGES OR LOSSES RELATING TO LOST PROFITS, DATA OR USE REGARDLESS OF WHETHER A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
EXCEPT WITH RESPECT TO specific property encumbered to secure payment of particular Indebtedness or to be sold pursuant to an executed agreement with respect to a permitted Asset Sale;