Common use of Indemnification and Limitation on Liability Clause in Contracts

Indemnification and Limitation on Liability. Each party will indemnify and hold the other harmless from any injury to persons or damage to property due to its gross negligence or willful misconduct, and the gross negligence or willful misconduct of its employees and agents, arising out of or relating to the performance of an Agreement. However, neither party will be liable to the other for any incidental, special, consequential, punitive or exemplary damages of any nature.