Common use of Exclusion of Incidental and Consequential Damages Clause in Contracts

Exclusion of Incidental and Consequential Damages. SUBJECT TO SECTION 13.5, UNDER NO CIRCUMSTANCES WILL THE EITER PARTY BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND OR NATURE WHATSOEVER, INCLUDING LOSS OF GOODWILL, LOSS OF BUSINESS, LOST PROFITS OR OTHER ECONOMIC DAMAGE, LOSS OR CORRUPTION OF DATA OR SOFTWARE, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION OR IMPAIRMENT OF OTHER GOODS, ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR ITS SUBJECT MATTER, INCLUDING THE SALE, PURCHASE, DELIVERY, USE OR OTHER DISPOSITION OF THE AXIS TECHNOLOGY. THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF WHETHER THE SUCH PARTY HAS BEEN ADVISED OF OR HAD OTHER REASON TO KNOW THE POSSIBILITY OF SUCH DAMAGE, OR IF SUCH DAMAGE COULD HAVE BEEN REASONABLY FORESEEN.

Exclusion of Incidental and Consequential Damages. SUBJECT TO SECTION 13.5, UNDER NO CIRCUMSTANCES WILL THE EITER EITHER PARTY BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND OR NATURE WHATSOEVER, INCLUDING LOSS OF GOODWILL, LOSS OF BUSINESS, LOST PROFITS OR OTHER ECONOMIC DAMAGE, LOSS OR CORRUPTION OF DATA OR SOFTWARE, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION OR IMPAIRMENT OF OTHER GOODS, ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR ITS SUBJECT MATTER, INCLUDING THE SALE, PURCHASE, DELIVERY, USE OR OTHER DISPOSITION OF THE AXIS TECHNOLOGY. THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF WHETHER THE SUCH PARTY HAS BEEN ADVISED OF OR HAD OTHER REASON TO KNOW THE POSSIBILITY OF SUCH DAMAGE, OR IF SUCH DAMAGE COULD HAVE BEEN REASONABLY FORESEEN.