Common use of Exclusion of Certain Damages Clause in Contracts

Exclusion of Certain Damages. YOU AGREE THAT THE FOLLOWING DAMAGES ARE EXCLUDED AND THAT YOU WILL NOT BE ENTITLED TO ANY OF THEM: ALL SPECIAL, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES; DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, OR FOR NEGLIGENCE OR NEGLIGENT MISREPRESENTATION; AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER OTHER THAN “DIRECT DAMAGES” AS DESCRIBED BELOW. THE FOREGOING DAMAGES WILL BE EXCLUDED EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT OR PRODUCT LIABILITY, AND/OR BREACH OF CONTRACT OF ROAMBEE OR ANY OF THE OTHER ROAMBEE ENTITIES, AND EVEN IF ROAMBEE OR ANY OF THE ROAMBEE ENTITIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THESE EXCLUSIONS AND THE BELOW LIMITATION ON LIABILITY WILL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Exclusion of Certain Damages. YOU AGREE THAT EXCEPT FOR LIABILITY IN RESPECT OF (A) A PARTY’S INTENTIONAL OR WILLFUL MISCONDUCT, FRAUD OR RECKLESSNESS OR (B) CLAIMS FOR BODILY INJURY, INCLUDING DEATH, AND DAMAGE TO REAL PROPERTY OR TANGIBLE PERSONAL PROPERTY RESULTING FROM THE FOLLOWING DAMAGES ARE EXCLUDED AND THAT YOU NEGLIGENCE OF A PARTY OR ANY AGENT OR EMPLOYEE OF A PARTY, NEITHER PARTY WILL NOT BE ENTITLED LIABLE TO THE OTHER PARTY, IN CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), OR UNDER ANY OF THEM: ALL OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY), FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, AND EXEMPLARY, CONSEQUENTIAL OR SIMILAR DAMAGES; , INCLUDING DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATIONLOST PROFITS, FOR BUSINESS INTERRUPTIONLOST REVENUES, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARELOST TAX BENEFITS, OR FOR NEGLIGENCE ENERGY CREDITS, OR NEGLIGENT MISREPRESENTATION; AND FOR ANY OTHER PECUNIARY INTERRUPTION OF BUSINESS, ARISING OUT OF OR OTHER LOSS WHATSOEVER OTHER THAN “DIRECT DAMAGES” AS DESCRIBED BELOW. THE FOREGOING DAMAGES WILL BE EXCLUDED EVEN IN THE EVENT OF THE FAULTCONNECTION WITH THIS AGREEMENT, TORT (INCLUDING NEGLIGENCE), STRICT OR PRODUCT LIABILITY, AND/OR BREACH OF CONTRACT OF ROAMBEE OR ANY OF THE OTHER ROAMBEE ENTITIES, AND EVEN IF ROAMBEE OR ANY OF THE ROAMBEE ENTITIES SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES. YOU AGREE THAT THESE EXCLUSIONS AND THE BELOW LIMITATION ON LIABILITY WILL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Exclusion of Certain Damages. YOU AGREE THAT TO THE FOLLOWING DAMAGES ARE EXCLUDED AND THAT YOU WILL NOT BE ENTITLED TO ANY OF THEM: ALL SPECIALGREATEST EXTENT PERMITTED BY APPLICABLE LAW, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES; DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, OR FOR NEGLIGENCE OR NEGLIGENT MISREPRESENTATION; AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER OTHER THAN “DIRECT DAMAGES” AS DESCRIBED BELOW. THE FOREGOING DAMAGES WILL BE EXCLUDED EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT OR PRODUCT LIABILITY, AND/OR BREACH OF CONTRACT OF ROAMBEE OR ANY OF THE OTHER ROAMBEE ENTITIES, AND EVEN IF ROAMBEE SUCH DAMAGES COULD HAVE BEEN FORESEEN OR ANY OF IF THE ROAMBEE ENTITIES HAS PARTIES HAVE BEEN ADVISED APPRISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EXCLUDING A PARTY’S INDEMNIFICATION OBLIGATIONS PURSUANT TO SECTION 12, IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY LOST PROFITS, COST OF RE- PROCUREMENT, LOSS OF REVENUE, LOSS OF EXPECTED SAVINGS, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, ECONOMIC, EXEMPLARY, AGGRAVATED OR PUNITIVE DAMAGES WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT. YOU AGREE THAT THESE EXCLUSIONS AND THE BELOW LIMITATION ON LIABILITY WILL APPLY FOREGOING LIMITATIONS SHALL APPLY, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE, AND SHALL APPLY REGARDLESS OF THE CAUSE OF ACTION UNDER WHICH SUCH DAMAGES ARE SOUGHT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES. IN SUCH AN EVENT, THIS LIMITATION WILL NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY LAW.

Exclusion of Certain Damages. YOU AGREE THAT TO THE FOLLOWING DAMAGES ARE EXCLUDED AND THAT YOU WILL NOT MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MICROSOFT BE ENTITLED TO LIABLE FOR ANY OF THEM: ALL SPECIAL, INCIDENTAL, PUNITIVE, AND INDIRECT, OR CONSEQUENTIAL DAMAGES; DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, OR FOR NEGLIGENCE OR NEGLIGENT MISREPRESENTATION; NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SERVER SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER THAN “DIRECT DAMAGES” AS DESCRIBED BELOW. SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE FOREGOING DAMAGES WILL BE EXCLUDED SERVER SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SERVER SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY OF THESE SERVICE DESCRIPTION TERMS AND CONDITIONS, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT OR PRODUCT LIABILITY, AND/BREACH OF CONTRACT OR BREACH OF CONTRACT WARRANTY OF ROAMBEE OR ANY OF THE OTHER ROAMBEE ENTITIESMICROSOFT, AND EVEN IF ROAMBEE OR ANY OF THE ROAMBEE ENTITIES MICROSOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THESE EXCLUSIONS AND THE BELOW LIMITATION ON LIABILITY WILL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Exclusion of Certain Damages. YOU AGREE THAT EXCEPT FOR LIABILITY IN RESPECT OF (A) A PARTY’S INTENTIONAL OR WILLFUL MISCONDUCT, FRAUD OR RECKLESSNESS OR (B) CLAIMS FOR BODILY INJURY, INCLUDING DEATH, AND DAMAGE TO REAL PROPERTY OR TANGIBLE PERSONAL PROPERTY RESULTING FROM THE FOLLOWING DAMAGES ARE EXCLUDED AND THAT YOU NEGLIGENCE OF A PARTY OR ANY AGENT OR EMPLOYEE OF A PARTY, NEITHER PARTY WILL NOT BE ENTITLED LIABLE TO THE OTHER PARTY, IN CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), OR UNDER ANY OF THEM: ALL OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY), FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, AND EXEMPLARY, CONSEQUENTIAL OR SIMILAR DAMAGES; , INCLUDING DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATIONLOST PROFITS, FOR BUSINESS INTERRUPTIONLOST REVENUES, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARELOST TAX BENEFITS, OR FOR NEGLIGENCE ENERGY CREDITS, OR NEGLIGENT MISREPRESENTATION; AND FOR ANY OTHER PECUNIARY INTERRUPTION OF BUSINESS, ARISING OUT OF OR OTHER LOSS WHATSOEVER OTHER THAN “DIRECT DAMAGES” AS DESCRIBED BELOW. THE FOREGOING DAMAGES WILL BE EXCLUDED EVEN IN THE EVENT OF THE FAULTCONNECTION WITH THIS AGREEMENT, TORT (INCLUDING NEGLIGENCE), STRICT OR PRODUCT LIABILITY, AND/OR BREACH OF CONTRACT OF ROAMBEE OR ANY OF THE OTHER ROAMBEE ENTITIES, AND EVEN IF ROAMBEE OR ANY OF THE ROAMBEE ENTITIES SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THESE EXCLUSIONS AND THE BELOW LIMITATION ON LIABILITY WILL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.CLAIMS OR DAMAGES.‌

Exclusion of Certain Damages. YOU AGREE THAT THE FOLLOWING DAMAGES ARE EXCLUDED AND THAT YOU WILL NOT NEITHER PARTY SHALL BE ENTITLED TO ANY OF THEM: ALL INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES; DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, OR FOR NEGLIGENCE OR NEGLIGENT MISREPRESENTATION; AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER OTHER THAN “DIRECT DAMAGES” EXCEPT AS DESCRIBED BELOW. THE FOREGOING DAMAGES WILL BE EXCLUDED EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT OR PRODUCT LIABILITY, AND/OR BREACH OF CONTRACT OF ROAMBEE OR ANY OF THE OTHER ROAMBEE ENTITIESCONTRACT, AND EVEN IF ROAMBEE OR ANY OF THE ROAMBEE ENTITIES A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THESE EXCLUSIONS AND THE BELOW LIMITATION ON LIABILITY WILL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Exclusion of Certain Damages. YOU AGREE NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, NO INDEMNIFYING PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, TREBLE, REMOTE, SPECIAL, EXEMPLARY, OPPORTUNITY COST, CONSEQUENTIAL OR PUNITIVE DAMAGES OR DAMAGES FOR, MEASURED BY OR BASED ON LOST PROFITS, LOSS OF REVENUE OR INCOME, DIMINUTION IN VALUE, MULTIPLE OF EARNINGS, PROFITS OR CASH FLOWS, OR OTHER SIMILAR MEASURES OR FOR ANY LOSS OF BUSINESS REPUTATION OR OPPORTUNITY THAT ARISES OUT OF OR RELATES TO THIS AGREEMENT OR THE PERFORMANCE OR BREACH HEREOF OF ANY LIABILITY RETAINED OR ASSUMED HEREUNDER, PROVIDED, HOWEVER THAT THE FOLLOWING DAMAGES ARE EXCLUDED AND THAT YOU WILL FOREGOING WAIVER DOES NOT BE ENTITLED APPLY TO ANY OF THEM: ALL RIGHT TO INDEMNITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVEINDIRECT OR PUNITIVE DAMAGES, AND CONSEQUENTIAL DAMAGES; DAMAGES FOR LOSS OF PROFITS LOST PROFITS, DIMINUTION IN VALUE OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE SIMILAR ITEMS PAYABLE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, OR FOR NEGLIGENCE OR NEGLIGENT MISREPRESENTATION; AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER OTHER THAN “DIRECT DAMAGES” AS DESCRIBED BELOW. THE FOREGOING DAMAGES WILL BE EXCLUDED EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT OR PRODUCT LIABILITY, AND/OR BREACH OF CONTRACT OF ROAMBEE OR ANY OF THE OTHER ROAMBEE ENTITIES, AND EVEN IF ROAMBEE OR ANY OF THE ROAMBEE ENTITIES HAS THIRD PARTIES PURSUANT TO A THIRD PARTY CLAIM THAT HAVE BEEN ADVISED OF THE POSSIBILITY OF AWARDED TO SUCH DAMAGES. YOU AGREE THAT THESE EXCLUSIONS AND THE BELOW LIMITATION ON LIABILITY WILL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSETHIRD PARTY.

Exclusion of Certain Damages. YOU AGREE THAT NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE FOLLOWING DAMAGES ARE EXCLUDED AND THAT YOU WILL NOT CONTRARY, NONE OF THE PARTIES NOR THEIR RESPECTIVE AFFILIATES SHALL BE ENTITLED TO LIABLE FOR ANY OF THEM: ALL SPECIALINDIRECT, INCIDENTAL, PUNITIVETREBLE, AND REMOTE, SPECIAL, EXEMPLARY, OPPORTUNITY COST, CONSEQUENTIAL DAMAGES; OR PUNITIVE DAMAGES FOR OR DAMAGES FOR, MEASURED BY OR BASED ON LOST PROFITS, LOSS OF REVENUE OR INCOME, DIMINUTION IN VALUE, MULTIPLE OF EARNINGS, PROFITS OR CONFIDENTIAL CASH FLOWS, OR OTHER INFORMATION, SIMILAR MEASURES OR FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR ANY LOSS OF PRIVACYBUSINESS REPUTATION OR OPPORTUNITY THAT ARISES OUT OF OR RELATES TO THIS AGREEMENT OR THE PERFORMANCE OR BREACH HEREOF OF ANY LIABILITY RETAINED OR ASSUMED HEREUNDER, FOR FAILURE EXCEPT TO MEET THE EXTENT ANY DUTY INCLUDING SUCH DAMAGE OR LOSS WAS A REASONABLY FORESEEABLE CONSEQUENCE OF GOOD FAITH OR OF REASONABLE CARETHE BREACH; PROVIDED, OR FOR NEGLIGENCE OR NEGLIGENT MISREPRESENTATION; AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER OTHER THAN “DIRECT DAMAGES” AS DESCRIBED BELOW. FURTHER, HOWEVER, THAT THE FOREGOING DAMAGES WILL BE EXCLUDED EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT OR PRODUCT LIABILITY, AND/OR BREACH OF CONTRACT OF ROAMBEE OR ANY OF THE OTHER ROAMBEE ENTITIES, AND EVEN IF ROAMBEE OR ANY OF THE ROAMBEE ENTITIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THESE EXCLUSIONS AND THE BELOW LIMITATION ON LIABILITY WILL DAMAGES SHALL NOT APPLY EVEN IF TO ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSESUCH DAMAGES (I) THAT ARE ACTUALLY AWARDED PURSUANT TO A THIRD-PARTY CLAIM OR (II) RESULTING FROM FRAUD OR INTENTIONAL MISREPRESENTATION BY THE INDEMNIFYING PARTY.

Exclusion of Certain Damages. YOU AGREE THAT THE FOLLOWING DAMAGES ARE EXCLUDED AND THAT YOU WILL NOT BE ENTITLED TO ANY OF THEM: ALL SPECIAL, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES; DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, OR FOR NEGLIGENCE OR NEGLIGENT MISREPRESENTATION; AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER OTHER THAN “DIRECT DAMAGES” AS DESCRIBED BELOW. THE FOREGOING DAMAGES WILL BE EXCLUDED EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT OR PRODUCT LIABILITY, AND/OR BREACH OF CONTRACT OF ROAMBEE VISYBL OR ANY OF THE OTHER ROAMBEE VISYBL ENTITIES, AND EVEN IF ROAMBEE VISYBL OR ANY OF THE ROAMBEE VISYBL ENTITIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THESE EXCLUSIONS AND THE BELOW LIMITATION ON LIABILITY WILL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Exclusion of Certain Damages. YOU AGREE THAT THE FOLLOWING DAMAGES ARE EXCLUDED AND THAT YOU WILL NOT BE ENTITLED TO ANY OF THEM: ALL SPECIAL, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES; DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, OR FOR NEGLIGENCE OR NEGLIGENT MISREPRESENTATION; AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER WHATSOEVER, OTHER THAN “DIRECT DAMAGES” AS DESCRIBED BELOW. THE FOREGOING DAMAGES WILL BE EXCLUDED EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT OR PRODUCT LIABILITY, AND/OR BREACH OF CONTRACT OF ROAMBEE OR ANY OF THE OTHER ROAMBEE ENTITIES, SECROM ENTITIES AND EVEN IF ROAMBEE OR ANY OF THE ROAMBEE SECROM ENTITIES HAS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THESE EXCLUSIONS AND THE BELOW LIMITATION ON LIABILITY WILL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Exclusion of Certain Damages. YOU AGREE THAT NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE FOLLOWING DAMAGES ARE EXCLUDED AND THAT YOU WILL NOT CONTRARY, NEITHER PARTY NOR ITS AFFILIATES SHALL BE ENTITLED TO LIABLE FOR ANY OF THEM: ALL SPECIALINDIRECT, INCIDENTAL, PUNITIVEREMOTE, AND CONSEQUENTIAL DAMAGES; SPECIAL, CONSEQUENTIAL, EXEMPLARY, OPPORTUNITY COST, PUNITIVE DAMAGES FOR OR DAMAGES FOR, MEASURED BY OR BASED ON LOST PROFITS, LOSS OF PROFITS REVENUE OR CONFIDENTIAL INCOME, OR OTHER INFORMATION, SIMILAR MEASURES OR FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR ANY LOSS OF PRIVACYBUSINESS REPUTATION OR OPPORTUNITY THAT ARISES OUT OF OR RELATES TO THIS AGREEMENT, FOR FAILURE EXCEPT IN EACH CASE TO MEET THE EXTENT ANY DUTY INCLUDING SUCH DAMAGE OR LOSS WAS A REASONABLY FORESEEABLE CONSEQUENCE OF GOOD FAITH OR OF REASONABLE CARETHE BREACH; PROVIDED, OR FOR NEGLIGENCE OR NEGLIGENT MISREPRESENTATION; AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER OTHER THAN “DIRECT DAMAGES” AS DESCRIBED BELOW. FURTHER, HOWEVER, THAT THE FOREGOING LIMITATION ON DAMAGES WILL BE EXCLUDED EVEN IN THE EVENT SHALL NOT APPLY TO (I) ANY SUCH DAMAGES THAT ARE ACTUALLY AWARDED TO A THIRD PARTY PURSUANT TO A THIRD-PARTY CLAIM OR (II) RESULTING FROM FRAUD OR WILLFUL AND INTENTIONAL BREACH OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT OR PRODUCT LIABILITY, AND/OR BREACH OF CONTRACT OF ROAMBEE OR ANY OF THE OTHER ROAMBEE ENTITIES, AND EVEN IF ROAMBEE OR ANY OF THE ROAMBEE ENTITIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THESE EXCLUSIONS AND THE BELOW LIMITATION ON LIABILITY WILL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSEINDEMNIFYING PARTY.

Exclusion of Certain Damages. YOU AGREE THAT THE FOLLOWING DAMAGES ARE EXCLUDED AND THAT YOU NO PARTY WILL NOT BE ENTITLED TO HAVE ANY OF THEM: ALL SPECIALOBLIGATION OR LIABILITY (WHETHER IN CONTRACT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES; DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, OR FOR NEGLIGENCE OR NEGLIGENT MISREPRESENTATION; AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER OTHER THAN “DIRECT DAMAGES” AS DESCRIBED BELOW. THE FOREGOING DAMAGES WILL BE EXCLUDED EVEN IN THE EVENT OF THE FAULTWARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND NOTWITHSTANDING ANY FAULT, NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), REPRESENTATION, STRICT LIABILITY OR PRODUCT LIABILITY), AND/FOR COVER OR BREACH FOR ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL, MULTIPLIED, PUNITIVE, SPECIAL, OR EXEMPLARY DAMAGES FOR LOSS OF CONTRACT OF ROAMBEE OR ANY REVENUE, PROFIT (EXCEPT TO THE EXTENT PROFIT BECOMES DUE AND PAYABLE IN ACCORDANCE WITH SUBSECTION 2.2 OF THE OTHER ROAMBEE ENTITIESPATENT LICENSE AGREEMENT), AND SAVINGS OR BUSINESS ARISING FROM OR OTHERWISE RELATED TO THIS AGREEMENT, EVEN IF ROAMBEE A PARTY OR ANY OF THE ROAMBEE ENTITIES HAS ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THE PARTIES ACKNOWLEDGE THAT THESE EXCLUSIONS AND THE BELOW LIMITATION ON LIABILITY WILL APPLY EVEN IF ANY REMEDY FAILS OF ITS SUCH POTENTIAL DAMAGES WERE AN ESSENTIAL PURPOSEELEMENT IN SETTING CONSIDERATION UNDER THIS AGREEMENT.