Common use of Excluded Damages Clause in Contracts

Excluded Damages. Neither Party shall be liable to the other Party for any special, indirect, incidental, consequential or punitive damages (the "Excluded Damages"), whether based upon contract, tort or any other legal theory resulting from or in any way connected with the performance by either Party of their respective covenants and agreements under this Agreement. Neither Party shall be liable to the other Party for the Excluded Damages, whether foreseeable or not, and even if the applicable Party has been advised of the possibility of the Excluded Damages. This Excluded Damages limitation shall not apply to (i) the Parties' confidentiality obligations under this Agreement, (ii) the Parties' warranty obligations under this Agreement, or (iii) the Parties' indemnification obligations under this Agreement.

Excluded Damages. Neither Party shall be liable to the other Party for any special, indirect, incidental, consequential or punitive damages (the "Excluded Damages"), whether based upon contract, tort or any other legal theory resulting from or in any way connected with the performance by either Party of their respective covenants and agreements under this Agreement, the Schedules and Statements of Work. Neither Party shall be liable to the other Party for the Excluded Damages, whether foreseeable or not, and even if the applicable Party has been advised of the possibility of the Excluded Damages. This Excluded Damages limitation shall not apply to (i) the Parties' confidentiality obligations under this Agreement, or (ii) the Parties' warranty obligations under this Agreement, or (iii) the Parties' indemnification obligations under Section 8.1 and Section 8.2 of this Agreement.