Exclusions from Limitation of Liability. Nothing in this Agreement will exclude or limit either Party’s liability for: (i) death or personal injury due to negligence; (ii) fraud; (iii) breach of Clause 14 (“Confidentiality”); (iv) breach of Clause 5 (“Access to the Offering and Access and Usage Restrictions”), or (v) any other matter in respect of which liability cannot lawfully be limited or excluded.
Exclusions from Limitation of Liability. The foregoing limitations shall not apply to: (a) liability for infringement of a third party’s intellectual property rights; (b) claims regarding personal injury or damage to tangible property; (c) claims arising from gross negligence or from willful or intentional misconduct; (d) amounts due or obligations under any provision herein or agreement providing for liquidated damages; (e) amounts due or obligations under any provision herein or agreement for indemnification. Contractor, Purchaser, and DES shall not be liable for (a) exemplary or punitive damages; or (b) special or consequential damages. Contractor, DES and Purchaser shall not be liable for personal injury to another party or damage to another party’s property except personal injury or damage to property proximately caused by such party’s respective fault or negligence.
Exclusions from Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, THE LIMITATIONS IN SUBSECTION 5.2 DO NOT APPLY (A) TO CLAIMS ARISING FROM ANY BREACH OF SECTIONS 1, 2, AND 4; OR (B) TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
Exclusions from Limitation of Liability. The limitations set forth in Section 9.2 will not apply to: (i) any action undertaken by Diligent with willful misconduct or gross negligence; (ii) Diligent’s negligence causing death or bodily injury or illness; (iii) fraud; (iv) the assumption of a guarantee; or (v) any liability requirement for damages under the German Product Liability Act (Produkthaftungsgesetz) or any other mandatory law.
Exclusions from Limitation of Liability. Notwithstanding anything contained herein to the contrary, the limitations of liability contained in this Section shall not apply to: (a) damages arising out of or relating to a party’s failure to comply with its confidentiality obligations; and (b) either party’s indemnification obligations.
Exclusions from Limitation of Liability. Notwithstanding anything contained herein to the contrary, on a claim-by-claim basis, each Party’s liability to the other Party for (i) indemnification obligations under Section 12, (ii) [* * *], or (iii) breach of its confidentiality obligations under Section, shall be capped at an amount equal to (x) [* * *], and (y) [* * *].
Exclusions from Limitation of Liability. 1. NOTWITHSTANDING ANY PROVISION OF THE CONTRACT TO THE CONTRARY, NO LIMITATION OF CONTRACTOR’S LIABILITY SHALL APPLY TO THE FOLLOWING:
Exclusions from Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, THE LIMITATIONS IN SUBSECTION 4.2 DO NOT APPLY (A) TO CLAIMS ARISING FROM ANY BREACH OF SECTION 2; AND (B) TO THE EXTENT PROHIBITED BY APPLICABLE LAW. IF THIS AGREEMENT IS GOVERNED BY THE LAWS OF ENGLAND AND WALES PURSUANT TO SECTION 6 BELOW, NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT ANY PARTY’S LIABILITY FOR: (i) FRAUD OR FRAUDULENT MISREPRESENTATION; OR (ii) DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE.
Exclusions from Limitation of Liability. Any limit on the Liability of each party under clause 56.2 does not apply in relation to Liability for:
Exclusions from Limitation of Liability. THE LIMITATIONS SET FORTH IN SECTION 5.1 SHALL NOT APPLY WITH RESPECT TO: (A) DAMAGES CAUSED BY THE FRAUDULENT, OR WILLFUL MISCONDUCT OR GROSS NEGLIGENCE OF A PARTY; OR (B) DAMAGES OCCASIONED BY CUSTOMER ’S BREACH OF SECTION 2.2.
