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 contractual obligations the fulfillment of which is essential for the due and proper performance of the MindSphere Agreement (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;

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