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

Exclusion of Incidental and Consequential Damages. EXCEPT IN EVENT OF WILLFUL OR GROSS MISCONDUCT OR MISUSE OF HITRUST’S INTELLECTUAL PROPERTY, IN NO EVENT SHALL EITHER PARTY OR ANY OFFICER, AGENT, EMPLOYEE, REPRESENTATIVE OR AFFILIATE THEREOF BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING FROM OR RELATED TO ITS, HIS OR HER ACTIONS OR INACTIONS IN CONNECTION WITH THIS AGREEMENT, EVEN IN THE EVENT OF ITS, HIS OR HER FAULT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY, AND EVEN IF IT, HE OR SHE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Exclusion of Incidental and Consequential Damages. EXCEPT IN EVENT OF WILLFUL OR GROSS MISCONDUCT OR MISUSE OF HITRUSTEHNAC’S INTELLECTUAL PROPERTY, IN NO EVENT SHALL EITHER PARTY EHNAC OR ANY OFFICER, COMMISSIONER, AGENT, EMPLOYEE, REPRESENTATIVE OR AFFILIATE THEREOF BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING FROM OR RELATED TO ITS, HIS OR HER ACTIONS OR INACTIONS IN CONNECTION WITH THIS AGREEMENT, EVEN IN THE EVENT OF ITS, HIS OR HER FAULT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY, AND EVEN IF IT, HE OR SHE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Exclusion of Incidental and Consequential Damages. EXCEPT IN EVENT OF WILLFUL OR GROSS MISCONDUCT OR MISUSE OF HITRUSTDIRECTTRUST’S INTELLECTUAL PROPERTY, IN NO EVENT SHALL EITHER PARTY DIRECTTRUST OR ANY OFFICER, COMMISSIONER, AGENT, EMPLOYEE, REPRESENTATIVE OR AFFILIATE THEREOF BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING FROM OR RELATED TO ITS, HIS OR HER ACTIONS OR INACTIONS IN CONNECTION WITH THIS AGREEMENT, EVEN IN THE EVENT OF ITS, HIS OR HER FAULT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY, AND EVEN IF IT, HE OR SHE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.