Common use of LIABILITY ISSUES Clause in Contracts

LIABILITY ISSUES. Unless jointly agreed otherwise in writing, Seller’s liability for a specific project shall not exceed twice the total amount paid by Purchaser to Seller under the applicable supplement/purchase order. In no event will Seller be liable to a Purchaser for special, indirect, consequential or incidental damages including lost profits, lost savings or lost revenues of any kind unless Seller was advised of the possibility of such loss or damage or unless such loss or damage could have been reasonably foreseen. Excluded from this or any liability limitation are claims related to fraud; bad faith; infringement issues; bodily injury; death; physical damage to tangible personal property and real property, and the intentional and willful misconduct or gross negligent acts of Seller. The language contained herein tending to limit the liability of the Seller will apply to a Purchaser to the extent it is permitted and not prohibited by the laws or constitution of Mississippi. Further, the parties understand and agree that the Seller is precluded from relying on any contractual damages limitation language within this article where the Seller acts fraudulently or in bad faith. For the faithful performance of the terms of this EPL Agreement, the parties have caused this EPL Agreement to be executed by their undersigned representatives. State of Mississippi, Department of Information Technology Services (Company Name) By: Authorized Signature By: Authorized Signature Printed Name: Xxxxx X. Xxxxxxx, Ph.D. Printed Name: Title: Executive Director Title:

LIABILITY ISSUES. Unless jointly agreed otherwise in writing, Seller’s liability for a specific project shall not exceed twice the three (3) times the total amount paid by Purchaser to Seller under the applicable supplement/supplement and/or purchase order. In no event will Seller be liable to a Purchaser for special, indirect, consequential or incidental damages including lost profits, lost savings or lost revenues of any kind unless Seller was advised of the possibility of such loss or damage or unless such loss or damage could have been reasonably foreseen. Excluded from this or any liability limitation are claims related to fraud; bad faith; infringement issues; bodily injury; death; physical damage to tangible personal property and real property, and the intentional and willful misconduct or gross negligent acts of Seller. The language contained herein tending to limit the liability of the Seller will apply to a Purchaser to the extent it is permitted and not prohibited by the laws or constitution of Mississippi. Further, the parties understand and agree that the Seller is precluded from relying on any contractual damages limitation language within this article where the Seller acts fraudulently or in bad faith. For the faithful performance of the terms of this EPL Agreement, the parties have caused this EPL Agreement to be executed by their undersigned representatives. State of Mississippi, Department of Information Technology Services (Company Name) Services, on behalf of the agencies and institutions of the State of Mississippi INSERT VENDOR NAME By: By: Authorized Signature By: Authorized Signature Printed Name: Xxxxx X. Xxxxxxx, Ph.D. Printed Name: Title: Executive Director Title: Date: Date: EXHIBIT A Reporting and Registration Requirements Under Section 1512 of the American Recovery and Reinvestment Act of 2009. The recipient* agrees to the following reporting and registration requirements of Section 1512 of the American Recovery and Reinvestment Act and in accordance with 2 CFR § 176.50, if applicable:

LIABILITY ISSUES. Unless jointly agreed otherwise in writing, Seller’s liability for a specific project shall not exceed twice the total amount paid by Purchaser to Seller under the applicable supplement/purchase order. In no event will Seller be liable to a Purchaser for special, indirect, consequential or incidental damages including lost profits, lost savings or lost revenues of any kind unless Seller was advised of the possibility of such loss or damage or unless such loss or damage could have been reasonably foreseen. Excluded from this or any liability limitation are claims related to fraud; bad faith; infringement issues; bodily injury; death; physical damage to tangible personal property and real property, and the intentional and willful misconduct or gross negligent acts of Seller. The language contained herein tending to limit the liability of the Seller will apply to a Purchaser to the extent it is permitted and not prohibited by the laws or constitution of Mississippi. Further, the parties understand and agree that the Seller is precluded from relying on any contractual damages limitation language within this article where the Seller acts fraudulently or in bad faith. For the faithful performance of the terms of this EPL Agreement, the parties have caused this EPL Agreement to be executed by their undersigned representatives. State of Mississippi, Department of Information Technology Services (Company Name) Services, on behalf of the governmental agencies and educational institutions of the State of Mississippi VENDOR NAME By: Authorized Signature By: Authorized Signature Printed Name: Xxxxx X. Xxxxxxx, Ph.D. Printed Name: Title: Executive Director Title:: Date: Date: EXHIBIT B-2 ARRA Version

LIABILITY ISSUES. Unless jointly agreed otherwise in writing, Seller’s liability for a specific project shall not exceed twice the total amount paid by Purchaser to Seller under the applicable supplement/purchase order. In no event will Seller be liable to a Purchaser for special, indirect, consequential or incidental damages including lost profits, lost savings or lost revenues of any kind unless Seller was advised of the possibility of such loss or damage or unless such loss or damage could have been reasonably foreseen. Excluded from this or any liability limitation are claims related to fraud; bad faith; infringement issues; bodily injury; death; physical damage to tangible personal property and real property, and the intentional and willful misconduct or gross negligent acts of Seller. The language contained herein tending to limit the liability of the Seller will apply to a Purchaser to the extent it is permitted and not prohibited by the laws or constitution of Mississippi. Further, the parties understand and agree that the Seller is precluded from relying on any contractual damages limitation language within this article where the Seller acts fraudulently or in bad faith. For the faithful performance of the terms of this EPL Agreement, the parties have caused this EPL Agreement to be executed by their undersigned representatives. State of Mississippi, Department of Information Technology Services (Company Name) By: Authorized Signature By: Authorized Signature Printed Name: Xxxxx X. Xxxxxxx, Ph.D. Printed Name: Title: Executive Director Title: Date: Date: ADDENDUM 1 IT HARDWARE EXPRESS PRODUCTS LIST PURCHASE AGREEMENT 3658 Reporting and Registration Requirements Under Section 1512 of the American Recovery and Reinvestment Act of 2009. The recipient* agrees to the following reporting and registration requirements of Section 1512 of the American Recovery and Reinvestment Act and in accordance with 2 CFR § 176.50, if applicable:

LIABILITY ISSUES. Unless jointly agreed otherwise in writing, Seller’s liability for a specific project shall not exceed twice the total amount paid by Purchaser to Seller under the applicable supplement/purchase order. In no event will Seller be liable to a Purchaser for special, indirect, consequential or incidental damages including lost profits, lost savings or lost revenues of any kind unless Seller was advised of the possibility of such loss or damage or unless such loss or damage could have been reasonably foreseen. Excluded from this or any liability limitation are claims related to fraud; bad faith; infringement issues; bodily injury; death; physical damage to tangible personal property and real property, and the intentional and willful misconduct or gross negligent acts of Seller. The language contained herein tending to limit the liability of the Seller will apply to a Purchaser to the extent it is permitted and not prohibited by the laws or constitution of Mississippi. Further, the parties understand and agree that the Seller is precluded from relying on any contractual damages limitation language within this article where the Seller acts fraudulently or in bad faith. For the faithful performance of the terms of this EPL Agreement, the parties have caused this EPL Agreement to be executed by their undersigned representatives. State of Mississippi, Department of Information Technology Services (Company Name) Services, on behalf of the governmental agencies and educational institutions of the State of Mississippi VENDOR NAME By: Authorized Signature By: Authorized Signature Printed Name: Xxxxx X. Xxxxxxx, Ph.D. Printed Name: Title: Executive Director Title: Date: Date: EXHIBIT A Reporting and Registration Requirements Under Section 1512 of the American Recovery and Reinvestment Act of 2009. The recipient* agrees to the following reporting and registration requirements of Section 1512 of the American Recovery and Reinvestment Act and in accordance with 2 CFR § 176.50, if applicable: