Common use of Exclusions from Liability Clause in Contracts

Exclusions from Liability. 16.6.1 Except for each Party’s respective indemnification obligations in respect of third party claims against an Indemnified Party, in no event shall any Party be liable for indirect, incidental, special, consequential, or exemplary or punitive damages (or any comparable category or form of such damages, howsoever characterized in any jurisdiction), regardless of the form of action, whether in contract, tort, strict liability or otherwise, and even if foreseeable or if such Party has been advised of the possibility of such damages. 16.6.2 The limitation of liability provisions of Section 16.6.1 do not apply to liability that is the result of the Party seeking to limit its liability hereunder in connection with (i) a breach of its confidentiality, privacy or security obligations contained in this Agreement (including with respect to any Consumer Information or NPPI, or any Intellectual Property or other Proprietary Information of another Party to this Agreement), (ii) such Party’s violation of Requirements of Law or (iii) such Party’s fraud or willful misconduct. 16.6.3 SunTrust acknowledges and agrees that any liability of FMC and/or FMER hereunder to SunTrust or any of its Affiliates for Damages in any way related to a Loan that is purchased by FMC pursuant to Section 5 shall be reduced in proportion to the Purchase Price of any such Loan that is purchased by FMC or any of its Affiliates pursuant to Section 5.

Exclusions from Liability. 16.6.1 Except for each Party’s respective indemnification obligations in respect of third party claims against an Indemnified Party, in no event shall any Party be liable for indirect, incidental, special, consequential, or exemplary or punitive damages (or any comparable category or form of such damages, howsoever characterized in any jurisdiction), regardless of the form of action, whether in contract, tort, strict liability or otherwise, and even if foreseeable or if such Party has been advised of the possibility of such damages. 16.6.2 The limitation of liability provisions of Section 16.6.1 do not apply to liability that is the result of the Party seeking to limit its liability hereunder in connection with (i) a breach of its confidentiality, privacy or security obligations contained in this Agreement (including with respect to any Consumer Information or NPPI, or any Intellectual Property or other Proprietary Information of another Party to this Agreement), (ii) such Party’s violation of Requirements of Law or (iii) such Party’s fraud or willful misconduct. 16.6.3 SunTrust acknowledges and agrees that any liability of FMC and/or FMER hereunder to SunTrust or any of its Affiliates for Damages in any way related to a Loan that is purchased by FMC pursuant to Section 5 shall be reduced in proportion to by the Purchase Price of any such Loan that is purchased by FMC or any of its Affiliates pursuant to Section 5.