Common use of NOTWITHSTANDING ANY PROVISION Clause in Contracts

NOTWITHSTANDING ANY PROVISION. OF THIS AGREEMENT TO THE CONTRARY, EXCEPT TO THE EXTENT CAUSED BY ITS WILFUL MISCONDUCT, NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL COSTS, LIABILITIES OR DAMAGES, WHETHER FORESEEABLE OR NOT, ARISING OUT OF, OR IN CONNECTION WITH, SUCH PARTY'S PERFORMANCE OF ITS OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE RELATED TO THIS AGREEMENT.

Appears in 3 contracts

Sources: Reseller Agreement (360networks Inc), Capacity Purchase Agreement (360networks Inc), Capacity Purchase Agreement (360networks Inc)