Common use of Damage Exclusions Clause in Contracts

Damage Exclusions. EXCEPT WITH REGARD TO APPLICABLE INDEMNIFICATION OBLIGATIONS UNDER SECTION 14 HEREOF, NEITHER OF THE PARTIES HERETO NOR THEIR RESPECTIVE PARENT COMPANIES, AFFILIATES OR SUBSIDIARIES WILL BE LIABLE TO ONE ANOTHER FOR ANY COMPENSATION, REIMBURSEMENT FOR INVESTMENTS OR EXPENSES, LOST PROFITS, LOST GOOD WILL, LOST DATA, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR EXPENDITURES MADE IN RELIANCE ON THE CONTINUATION OF THIS AGREEMENT, OR FOR ANY INDIRECT, INCIDENTAL, EXPECTATION, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES ARISING IN CONNECTION WITH THIS AGREEMENT, THE TRANSACTIONS CONTEMPLATED HEREUNDER, THE RELATIONSHIP BETWEEN THE PARTIES ESTABLISHED HEREBY, OR EITHER PARTY’S EXERCISE OF ITS RIGHT TO TERMINATE THIS AGREEMENT IN ACCORDANCE WITH ITS TERMS, EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

Damage Exclusions. EXCEPT WITH REGARD TO APPLICABLE INDEMNIFICATION OBLIGATIONS UNDER SECTION 14 HEREOFAS OTHERWISE PROVIDED IN PARAGRAPH 17, NEITHER OF THE PARTIES HERETO NOR THEIR RESPECTIVE PARENT COMPANIES, AFFILIATES OR SUBSIDIARIES WILL PARTY SHALL BE LIABLE TO ONE ANOTHER THE OTHER FOR ANY COMPENSATIONINCIDENTAL, REIMBURSEMENT FOR INVESTMENTS OR EXPENSES, LOST PROFITS, LOST GOOD WILL, LOST DATA, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR EXPENDITURES MADE IN RELIANCE ON THE CONTINUATION OF THIS AGREEMENT, OR FOR ANY INDIRECT, INCIDENTAL, EXPECTATION, CONSEQUENTIAL, PUNITIVE CONSEQUENTIAL OR SPECIAL DAMAGES ARISING IN CONNECTION WITH RESELLER AGAINST VITEC RELATING TO ANY BREACH OR TERMINATION OF THIS AGREEMENT OR OTHERWISE RELATING DIRECTLY OR INDIRECTLY TO THIS AGREEMENT MUST BE FILED BY RESELLER BEFORE A COURT OF COMPETENT JURISDICTION IN THE STATE OF GEORGIA. RESELLER HEREBY CONSENTS IRREVOCABLY TO THE JURISDICTION OF THE GEORGIA COURTS OVER ITS PERSON IN THE EVENT THAT VITEC ELECTS TO INSTITUTE LITIGATION AGAINST RESELLER IN GEORGIA RELATING DIRECTLY OR INDIRECTLY TO THIS AGREEMENT. IN SUCH EVENT, THE TRANSACTIONS CONTEMPLATED HEREUNDER, THE RELATIONSHIP BETWEEN THE PARTIES ESTABLISHED HEREBYSERVICE OF PROCESS MAY BE MADE UPON RESELLER AS PROVIDED BY GEORGIA LAW, OR EITHER PARTY’S EXERCISE OF ITS RIGHT SHALL BE CONSIDERED EFFECTIVE IF SENT BY CERTIFIED OR REGISTERED MAIL, RETURN RECEIPT REQUESTED, POSTAGE PREPAID. ANY MATTERS RELATING IN ANY MANNER TO TERMINATE THIS AGREEMENT IN ACCORDANCE WITH ITS TERMSOR THE BUSINESS RELATIONSHIP OF THE PARTIES, EVEN IF SUCH PARTY HAS BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGESDAMAGES BY THE OTHER PARTY.