Exceptions to Limitations of Liability. Sections 18.3(a) and (b) shall not apply with respect to:
Exceptions to Limitations of Liability. This Section 15.03 will not apply with respect to:
Exceptions to Limitations of Liability. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, THE FOREGOING LIMITATIONS WILL NOT APPLY TO (I) A PARTY’S OWN WILLFUL MISCONDUCT; OR (II) THE INDEMNIFICATION OBLIGATIONS SET FORTH IN ARTICLE 17; OR (III) BREACH OF THE CONFIDENTIALITY OBLIGATIONS SET FORTH IN ARTICLE 12; OR (IV) BOTTLER’S OBLIGATION TO PAY IN ACCORDANCE WITH THIS AGREEMENT FOR SERVICES RENDERED.
Exceptions to Limitations of Liability. (a) The limitations of liability set forth in Section 18.1 (CAP ON OVERALL LIABILITY) shall not apply to amounts paid with respect to (i) third party claims that are the subject of indemnification under this Agreement in connection with a breach of a party's obligations under Section 14.4 (WARRANTIES OF NON-INFRINGEMENT) regarding infringement of intellectual property rights or in connection with liability under Section 16.3(a) (DEATH OR BODILY INJURY); or (ii) Direct Losses occasioned by the wrongful termination of this Agreement by HP-OMS.
Exceptions to Limitations of Liability. NOTHING IN SECTION 17.1(B) SHALL LIMIT (A) RAZORSTREAM'S INDEMNIFICATION OBLIGATIONS AS SET FORTH IN ARTICLE 18 (INDEMNIFICATION), OR (B) EITHER PARTY'S LIABILITY FOR A MATERIAL BREACH OF ANY PROVISIONS OF THIS AGREEMENT RELATING TO DISCLOSURE OR MISUSE OF CONFIDENTIAL INFORMATION, OR (C) DAMAGES RESULTING FROM A PARTY'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
Exceptions to Limitations of Liability. The limitations and exculpations of liability set forth in Section 16.2(a) and Section 16.2(b) shall not apply with respect to:
Exceptions to Limitations of Liability. The exclusions and limitations of in Section 19.1 and Section 19.2 do not apply to liability for PaySchools’ gross negligence or willful misconduct.
Exceptions to Limitations of Liability. THE LIMITATIONS OF LIABILITY IN SECTION 7.1 AND 7.2 OF THESE TERMS AND CONDITIONS SHALL NOT APPLY TO (I) GATOR’S BREACH OF SECTION 6.1, [***] (II) A PARTY’S INDEMNIFICATION OBLIGATIONS UNDER THIS AGREEMENT, (III) A BREACH BY A PARTY OF ITS CONFIDENTIALITY OBLIGATIONS UNDER THIS AGREEMENT OR ITS OBLIGATIONS UNDER SECTION 9.2 OF THESE TERMS AND CONDITIONS (PRESS RELEASE), (IV) A PARTY’S BREACH OF SECTION 9, EXCLUSIVITY, AND (V) A PARTY’S WILLFUL MISCONDUCT OR KNOWING, WILLFUL AND INTENTIONAL BREACH OF ITS OBLIGATIONS UNDER THIS AGREEMENT (WHICH BREACH REMAINS UNCURED AFTER NOTICE THEREOF FOR THIRTY DAYS OR SUCH SHORTER CURE PERIOD AS MAY BE PROVIDED UNDER THIS AGREEMENT).
Exceptions to Limitations of Liability. The exclusions and limitations in this Section 11 shall not apply to liability arising out of (i) either party’s breach of Confidentiality (Section 7); (ii) either party’s obligations under Section 10 (Indemnification); (iii) either party’s gross negligence or willful misconduct;
Exceptions to Limitations of Liability. 18.3.3.1 The exclusions set forth in Section 18.3.1 and the liability caps set forth in Section 18.3.2 shall not apply with respect to Losses occasioned by the [ * * * ] of a Party. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED FOR PORTIONS OF THIS EXHIBIT. THE COPY FILED HEREWITH OMITS THE INFORMATION SUBJECT TO A CONFIDENTIALITY REQUEST. OMISSIONS ARE DESIGNATED [ * * * ]. A COMPLETE VERSION OF THIS EXHIBIT HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.
