Common use of Liability Limitations; Mitigation Clause in Contracts

Liability Limitations; Mitigation. 9.9.1 Neither Party nor any Purchaser shall be liable to the other for the other’s special, consequential, punitive, incidental or indirect damages, however caused, on any theory of liability, and whether or not they have been advised of the possibility of such damages, except: 9.9.1.1 as may arise from a Party’s or any Purchaser’s gross negligence, willful misconduct, fraud or violation of applicable law or regulation; 9.9.1.2 as may arise from a Party’s or any Purchaser’s breach of Section 11.0 (Confidentiality); or 9.9.1.3 obligations pursuant to Section 9.7 (Recalls) or Sections 10.1 and 10.2 (Vendor Indemnification; Comparative Fault). 9.9.2 Any reasonable costs and expenses incurred by HealthTrust and any Purchasers to mitigate or lessen any damages or harm caused by any failure of Products or Services to comply with the warranties referenced in this Agreement shall be considered direct damages.

Liability Limitations; Mitigation. 9.9.1 9.13.1 Neither Party nor any Purchaser shall be liable to the other for the other’s special, consequential, punitive, incidental or indirect damages, however caused, on any theory of liability, and whether or not they have been advised of the possibility of such damages, except: 9.9.1.1 9.13.1.1 as is otherwise provided herein; 9.13.1.2 as may be covered by a Party’s or a Purchaser’s insurance policies; * Confidential treatment has been requested with respect to certain portions of this exhibit. Omitted portions have been filed separately with the Securities and Exchange Commission. 9.13.1.3 as may arise from a Party’s or any Purchaser’s gross negligence, willful misconduct, fraud or violation of applicable law or regulationlaw; 9.9.1.2 9.13.1.4 as may arise from a Party’s or any Purchaser’s breach of Section 11.0 (Confidentiality); or 9.9.1.3 9.13.1.5 obligations pursuant to Section 9.7 9.8 (Recalls) or Sections Section 10.1 and 10.2 (Vendor Indemnification; Comparative Fault). 9.9.2 9.13.2 Any reasonable costs and expenses incurred by HealthTrust HPG and any Purchasers to mitigate or lessen any damages or harm caused by any failure of Products or Services to comply with the warranties referenced in this Agreement shall be considered direct damages.

Liability Limitations; Mitigation. 9.9.1 Neither Party nor any Purchaser shall be liable to the other for the other’s special, consequential, punitive, incidental or indirect damages, however caused, on any theory of liability, and whether or not they have been advised of the possibility of such damages, except: 9.9.1.1 as may arise from a Party’s or any Purchaser’s gross negligence, willful misconduct, fraud or violation of applicable law or regulation; 9.9.1.2 as may arise from a Party’s or any Purchaser’s breach of Section 11.0 (Confidentiality); or 9.9.1.3 obligations pursuant to Section 9.7 (Recalls) or Sections 10.1 and 10.2 (Vendor Indemnification; Comparative Fault). 9.9.2 Any reasonable costs and expenses incurred by HealthTrust Division and any Purchasers to mitigate or lessen any damages or harm caused by any failure of Products or Services to comply with the warranties referenced in this Agreement shall be considered direct damages.