Common use of Liability for Loss Clause in Contracts

Liability for Loss. Except (a) with respect to Liability arising from any willful misconduct or grossly negligent act of a Party or any of its Affiliates, (b) to the extent such Party may be required to indemnify any Xxxxxxxxx Indemnified Party, Nestlé Indemnified Party or Company Indemnified Party (as the case may be) from and against any Liability to one or more Third Parties under this ARTICLE 14, (x) in no event will any Party, any of its Affiliates or any of its or such Affiliates’ respective directors, officers, employees, agents or representatives be liable under this Agreement for any special, indirect, incidental, consequential, punitive or exemplary damages, whether in contract, warranty, tort, negligence, strict liability or otherwise, including loss of profits or revenue suffered by any Party, any of its Affiliates or any of its or such Affiliates’ respective directors, officers, employees, agents or representatives and (y) Xxxxxxxxx’x or Nestlé’s Liability for damages arising out of the conduct of the Research hereunder will not exceed [**].

Liability for Loss. Except (a) with respect to Liability arising from any willful misconduct or grossly negligent act of a Party or any of its Affiliates, (b) to the extent such Party may be required to indemnify any Xxxxxxxxx Indemnified Party, Nestlé Indemnified Party or Company Indemnified Party (as the case may be) from and against any Liability to one or more Third Parties under this ARTICLE 1412, and (c) to the extent such Liability arises from a breach of ARTICLE 10, (x) in no event will any either Party, any of its Affiliates or any of its or such Affiliates’ respective directors, officers, employees, agents or representatives be liable under this Agreement for any special, indirect, incidental, consequential, punitive or exemplary damages, whether in contract, warranty, tort, negligence, strict liability or otherwise, including loss of profits or revenue suffered by any either Party, any of its Affiliates or any of its or such Affiliates’ respective directors, officers, employees, agents or representatives and (y) Xxxxxxxxx’x or Nestlé’s Liability for damages arising out of the conduct of the Research Services provided hereunder will not exceed [**].