Scope of Limitations and Exclusions. The limitations and exclusions in this Section 8 shall not apply: (i) to contractual obligations the fulfillment of which is essential for the due and proper performance of the DSA (Kardinalpflichten), provided that our liability is limited to damage or loss which is reasonably foreseeable; (ii) in cases of willful misconduct and gross negligence; (iii) in cases of bodily injuries or death caused by our, our legal representatives’, or our subcontractors’ negligence; (iv) in cases of fraud or fraudulent misrepresentation; or (v) to the extent that liability cannot be limited or excluded according to applicable product liability law.
Appears in 2 contracts
Samples: Services Agreement, Services Agreement
Scope of Limitations and Exclusions. The limitations limitation and exclusions exclusion in this Section 8 shall not apply: (i) to contractual obligations the fulfillment of which is essential for the due and proper performance of the DSA (Kardinalpflichten), provided that our liability is limited to damage or loss which is reasonably foreseeable; (ii) in cases of willful misconduct and gross negligence; (iii) in cases of bodily injuries or death caused by our, our legal representatives’, or our subcontractors’ negligence; (iv) in cases of fraud or fraudulent misrepresentation; or (v) to the extent that liability cannot be limited or excluded according to applicable product liability law.or
Appears in 2 contracts
Samples: Services Agreement, Services Agreement
