Common use of Consequential Damage Waiver Clause in Contracts

Consequential Damage Waiver. Except as may arise out of either party’s breach of Section 4 or Customer’s breach of Section 2.3 above, neither party nor any of Rapid7’s suppliers, licensors and/or its or their officers, directors, employees or agents will be liable to the other or any third party for loss of profits, or special, indirect, incidental, consequential or exemplary damages, including costs, in connection with the supply, use or performance of the Software or Services, or the performance of its other obligations under this Agreement, even if it is aware of the possibility of the occurrence of such damages.

Consequential Damage Waiver. Except as may arise out of either party’s breach of Section 4 or Customer’s breach of Section 2.3 above, neither party nor any of Rapid7’s suppliers, licensors and/or its or their officers, directors, employees or agents will be liable to the other or any third party for loss of profits, or special, indirect, incidental, consequential or exemplary damages, including costs, in connection with the supply, use or performance of the Software Products or Services, or the performance of its other obligations under this Agreement, even if it is aware of the possibility of the occurrence of such damages.