Consequential Damages Waiver definition

Consequential Damages Waiver. Except with respect to either party’s liability under Section 8 (Indemnification), breach of its obligations under Section 11.14 (Confidentiality), or its gross negligence or willful misconduct, Liftr Insights shall not be liable for indirect, consequential, reliance or special damages, including without limitation damages for lost data, lost profits, costs of procurement of substitute goods or services, loss of goodwill, work stoppage, computer failure or malfunction, or any and all other damages or losses arising from or related to this Agreement and irrespective of whether or not the Customer has been advised of the possibility of such damages. Liftr Insights shall not be liable for damage that the other party may suffer arising out of the use, or inability to use, the Services unless such damage is caused by an intentional act of Liftr Insights. Liftr Insights shall not be liable for unauthorized access to or alteration, theft, loss or destruction of the Customer’s network systems, applications, data files, programs, procedures or information through accident, fraudulent means or devices (e.g. Viruses), or any other method, including by Liftr Insights’ own negligence. The parties acknowledge that any bandwidth overage fees resulting from such unauthorized access shall be Customer’s responsibility.

Examples of Consequential Damages Waiver in a sentence

  • Sections 6 (Term and Termination), 7 (General Indemnity), 8 (Warranties), 10 (Confidential Information), 11 (Limitation of Liability), 12 (Consequential Damages Waiver), and 13 (General) of this Agreement shall survive termination of this Agreement or any Exhibit attached hereto.

  • Sections 9 (License), 10 (Ownership), 11 (Warranty), 12 (Limitation of Liability and Consequential Damages Waiver), 13 (Data Usage and Protection), 15 (Term and Termination), 16 (Indemnification), and 17 (General) shall survive the termination or expiration of this Attachment.

  • Sections 12.1 (General Cap) and 12.2 (Consequential Damages Waiver) will not apply to Uncapped Claims.

  • Sections 14.1 (General Cap) and 14.2 (Consequential Damages Waiver) will not apply to Enhanced Claims or Uncapped Claims.

  • Sections 6 (Payment and Invoicing), 7 (Term and Termination), 9 (Warranty), 10 (Limitation of Liability and Consequential Damages Waiver), 11 (License), 12 (Ownership), 14 (Survival) and the Glossary of Terms and License Rights Appendices shall survive the termination or expiration of this Exhibit.

  • Sections 5 (Term and Termination), 6 (Infringement Indemnity), 7 (Warranties), 8 (Confidential Information), 9 (Limitation of Liability), 10 (Consequential Damages Waiver), and 11 (General) of this Agreement shall survive termination of this Agreement or any Exhibit attached hereto.

  • The following Sections shall survive -------- termination for cause as provided under Section 11.3: 1 ("Definitions"), 3.2 ("Source Code Transfer"), 6 ("Confidential Information"), 7 ("Indemnification"), 9 ("Consequential Damages Waiver"), 10 ("Limitation of Liability"), 11.4 ("Rights Upon Termination After Exercise of Option to Purchase"), and 12 ("Miscellaneous"), and only in the event ▇▇▇▇▇▇▇.▇▇▇ breaches the agreement, 3.3 ("Source Code License to Company").

  • The disclaimer in this Section 13.1 (Consequential Damages Waiver) will not apply to the extent prohibited by Laws.

  • Enrolled Beneficiaries shall be considered intended third-party beneficiaries and may claim under this Agreement, but shall be bound by all terms and conditions including but not limited to the Limitation of Liability and Consequential Damages Waiver herein.

  • Sections 9 (License), 10 (Ownership), 11 (Warranty), 12 (Limitation of Liability and Consequential Damages Waiver), 14 (Term and Termination), 15 (Indemnification), and 17 (General) survive the termination or expiration of this Exhibit.