Common use of DELAYS AND INTERRUPTIONS Clause in Contracts

DELAYS AND INTERRUPTIONS. LUX SCIENTIAE SHALL NOT BE LIABLE FOR ANY LOSS OF DATA RESULTING FROM DELAYS, CORRUPTION OF DATA, NONDELIVERIES, MISDELIVERIES OR SERVICE INTERRUPTIONS, EXCEPT AS EXPRESSLY INDICATED IN THE SLA OR OTHER AGREEMENTS BETWEEN THE PARTIES SUCH AS THE BAA. CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE AND SUITABILITY OF THE SERVICES, AND LUX SCIENTIAE SHALL HAVE NO LIABILITY THEREFOR. EXCEPT TO THE EXTENT OF LUX SCIENTIAE’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, NEITHER LUX SCIENTIAE NOR ITS NETWORK SERVICES SUPPLIER WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO LUX SCIENTIAE’S OR CUSTOMER’S TRANSMISSION FACILITIES OR PREMISE EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF, IN WHOLE OR IN PART, LUX SCIENTIAE’S OR ITS NETWORK SERVICE SUPPLIER’S NEGLIGENCE.

DELAYS AND INTERRUPTIONS. LUX SCIENTIAE NOVIANT SHALL NOT BE LIABLE FOR ANY LOSS OF CUSTOMER OR THIRD PARTY DATA RESULTING FROM DELAYS, CORRUPTION OF DATADATA CORRUPTION, NONDELIVERIESNON-DELIVERIES, MISDELIVERIES MIS-DELIVERIES, OR SERVICE OR NETWORK INTERRUPTIONS, EXCEPT AS EXPRESSLY INDICATED IN THE SLA OR OTHER AGREEMENTS BETWEEN THE PARTIES SUCH AS THE BAA. CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE AND SUITABILITY OF THE SERVICESSERVICES AND DELIVERABLES, AND LUX SCIENTIAE NOVIANT SHALL HAVE NO LIABILITY THEREFORTHEREFORE. EXCEPT TO THE EXTENT OF LUX SCIENTIAE’S IF CAUSED BY NOVIANT'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, NEITHER LUX SCIENTIAE NOVIANT NOR ITS NETWORK SERVICES SUPPLIER SUPPLIERS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO LUX SCIENTIAE’S NOVIANT'S OR CUSTOMER’S 'S TRANSMISSION FACILITIES OR PREMISE EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER’S 'S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF, IN WHOLE OR IN PART, LUX SCIENTIAE’S OF NOVIANT'S OR ITS NETWORK SERVICE SUPPLIER’S 'S NEGLIGENCE.