Common use of Scope of Limitations and Exclusions Clause in Contracts

Scope of Limitations and Exclusions. The limitation and exclusion in this Section 8 shall not apply: (i) to liability for claims arising out of or related to the MindSphere Agreement where the form of action is based on torts; (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;

Scope of Limitations and Exclusions. The limitation and exclusion in this Section 8 shall not apply: (i) to liability contractual obligations the fulfillment of which is essential for claims arising out the due and proper performance of or related to the MindSphere Agreement where the form of action (Kardinalpflichten), provided that our liability is based on tortslimited 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;