Common use of Disclaimer of Consequential Damages Clause in Contracts

Disclaimer of Consequential Damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT IS NOMITECH, ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND SUCCESSORS AND ASSIGNS OR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, DELIVERY OR USE OF THE SOFTWARE, ITS CONTENTS OR RESULTS IN THE USE OF THE SOFTWARE LIABLE TO LICENSEE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INJURY TO PERSON OR PROPERTY, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR CUSTOMIZED PRODUCTS. NOMITECH SPECIFICALLY DISCLAIMS ALL DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS OR LOSS OF DATA OR PROPERTY, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING FROM OR RELATED TO THIS AGREEMENT AND/OR THE USE, INABILITY TO USE, RELIANCE ON OR TRANSFER OF ANY PROPERTY, SOFTWARE, CUSTOMIZED PRODUCTS, INFORMATION OR DATA PROVIDED, GENERATED OR MADE ACCESSIBLE UNDER THIS AGREEMENT, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF NOMITECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH INJURY OR DAMAGES.

Disclaimer of Consequential Damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT IS NOMITECH, ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND SUCCESSORS AND ASSIGNS SHALL EITHER PARTY BE LIABLE TO THE OTHER OR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, DELIVERY OR USE OF THE SOFTWARE, ITS CONTENTS OR RESULTS IN THE USE OF THE SOFTWARE LIABLE TO LICENSEE AFFILIATES FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INJURY TO PERSON OR PROPERTY, DAMAGES FOR LOSS OF BUSINESS LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR GOODWILL) SUFFERED OR INCURRED BY SUCH OTHER PECUNIARY LOSS) ARISING OUT OF THE USE PARTY OR INABILITY TO USE THE SOFTWARE OR CUSTOMIZED PRODUCTS. NOMITECH SPECIFICALLY DISCLAIMS ALL DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS OR LOSS OF DATA OR PROPERTY, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING FROM OR RELATED TO THIS AGREEMENT AND/OR THE USE, INABILITY TO USE, RELIANCE ON OR TRANSFER OF ANY PROPERTY, SOFTWARE, CUSTOMIZED PRODUCTS, INFORMATION OR DATA PROVIDED, GENERATED OR MADE ACCESSIBLE UNDER ITS AFFILIATES IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF NOMITECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH INJURY DAMAGES. THIS DISCLAIMER SHALL SURVIVE ANY FAILURE OF THE ESSENTIAL PURPOSE OF A LIMITED OR DAMAGESEXCLUSIVE REMEDY SET FORTH HEREIN, EXCEPT FOR LIABILITIES ARISING FROM (I) THE INTENTIONAL MISUSE OR MISAPPROPRIATION OF THE OTHER PARTY’S CONFIDENTIAL INFORMATION, (II) ANY INDEMNIFICATION PROVIDED IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS Article 19, (III) [*], WHERE SUCH FAILURE IS A RESULT OF CBSB’S GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR INTENTIONAL BREACH (SO LONG AS SUCH INTENTIONAL BREACH IS NOT DUE TO A MATERIAL BREACH OF THE AGREEMENT BY TERCICA), OR (IV) TERCICA’S BREACH OF THE REPRESENTATIONS AND WARRANTIES IN ARTICLE 18, WHERE SUCH BREACH IS A RESULT OF TERCICA’S GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR INTENTIONAL BREACH.

Disclaimer of Consequential Damages. TO THE MAXIMUM FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT IS NOMITECH, ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND SUCCESSORS AND ASSIGNS OR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, DELIVERY OR USE OF THE SOFTWARE, ITS CONTENTS OR RESULTS IN THE USE OF THE SOFTWARE WILL EITHER PARTY BE LIABLE TO LICENSEE THE OTHER PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INJURY TO PERSON OR PROPERTY, INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATIONGOODWILL, OR ANY OTHER PECUNIARY INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO THE USE SUBJECT MATTER OF THIS AGREEMENT OR INABILITY TO USE THE SOFTWARE OR CUSTOMIZED PRODUCTS. NOMITECH SPECIFICALLY DISCLAIMS ALL DIRECTPROJECTS, INDIRECTWHETHER BASED ON WARRANTY, CONSEQUENTIALCONTRACT, SPECIALTORT (INCLUDING NEGLIGENCE), PUNITIVE OR EXEMPLARY DAMAGESSTATUTE, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS OR LOSS OF DATA OR PROPERTY, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES LEGAL THEORY, AND WHETHER OR LOSSESNOT ANY PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE. Cap on Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF EITHER PARTY TO THE OTHER FOR ALL CLAIMS ARISING FROM OUT OF OR RELATED RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT AND/OR THE USEPROJECTS, INABILITY TO USE, RELIANCE ON A PARTY’S DEALINGS WITH A CREATIVE OR TRANSFER OF ANY PROPERTY, SOFTWARE, CUSTOMIZED PRODUCTS, INFORMATION OR DATA PROVIDED, GENERATED OR MADE ACCESSIBLE OTHERWISE UNDER THIS AGREEMENT, REGARDLESS OF THE THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT TORT, OR OTHERWISE) AND EVEN IF NOMITECH HAS BEEN ADVISED OF , IS LIMITED TO THE POSSIBILITY OF SUCH INJURY AMOUNTS PAID OR DAMAGESPAYABLE BY CUSTOMER TO LAETRO FOR THE AFFECTED PROJECTS.

Disclaimer of Consequential Damages. TO THE MAXIMUM EXTENT PERMITTED BY LAWEXCEPT AS PROVIDED HEREIN AND FOR BREACHES OF SECTION 18 (CONFIDENTIALITY) , IN NO EVENT IS NOMITECH, ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND SUCCESSORS AND ASSIGNS OR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, DELIVERY OR USE OF THE SOFTWARE, ITS CONTENTS OR RESULTS IN THE USE OF THE SOFTWARE WILL EITHER PARTY BE LIABLE TO LICENSEE FOR ANY DAMAGES WHATSOEVER (INCLUDINGTHE OTHER, WITHOUT LIMITATIONWHETHER IN CONTRACT, INJURY TO PERSON OR PROPERTYTORT, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATIONWARRANTY, OR UNDER ANY STATUTE (INCLUDING WITHOUT LIMITATION ANY TRADE PRACTICE, UNFAIR COMPETITION OR OTHER PECUNIARY LOSSSTATUTE OF SIMILAR IMPORT) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR CUSTOMIZED PRODUCTS. NOMITECH SPECIFICALLY DISCLAIMS ALL DIRECTON ANY OTHER BASIS, FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, MULTIPLE, OR PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS OR LOSS OF DATA OR PROPERTY, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING FROM OR RELATED TO THIS AGREEMENT AND/OR THE USE, INABILITY TO USE, RELIANCE ON OR TRANSFER OF ANY PROPERTY, SOFTWARE, CUSTOMIZED PRODUCTS, INFORMATION OR DATA PROVIDED, GENERATED OR MADE ACCESSIBLE UNDER THIS AGREEMENT, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACTOTHER *Confidential Treatment Requested by Celera Corporation* PARTY OR ITS AFFILIATES, TORT WHETHER OR OTHERWISE) NOT FORESEEABLE AND EVEN IF NOMITECH HAS BEEN WHETHER OR NOT THE OTHER PARTY IS ADVISED OF THE POSSIBILITY OF SUCH INJURY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING FROM OR DAMAGESRELATED TO THE USE OR PERFORMANCE OF PRODUCTS, LOSS OF USE, LOSS OF DATA, FAILURE OR INTERRUPTION IN THE OPERATION OF ANY EQUIPMENT, DELAY IN REPAIR OR REPLACEMENT, FAILURE OF ANY PRODUCT TO OPERATE OR PERFORM AS INTENDED, OR LOSS OF GOODWILL. For the avoidance of doubt, the provisions of this Section 14.1 are not intended to be a waiver of any damages of a Third Party subject to a Party’s indemnification obligations under Sections 15 and 16.

Disclaimer of Consequential Damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Limitation of Liability. IN NO EVENT IS NOMITECH, ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND SUCCESSORS AND ASSIGNS SHALL DEVELOPER OR ANY PERSON OR ENTITY ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATIONDESIGN, PRODUCTIONDEVELOPMENT, DELIVERY OR USE ESTABLISHMENT OF THE SOFTWARE, ITS CONTENTS WEB SITE OR RESULTS IN THE USE DEVELOPMENT OF THE SOFTWARE DOCUMENTATION BE LIABLE TO LICENSEE FOR ANY DAMAGES WHATSOEVER (INCLUDINGINCIDENTAL, WITHOUT LIMITATIONSPECIAL, INJURY TO PERSON INDIRECT OR PROPERTY, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTIONCONSEQUENTIAL DAMAGES, LOSS OF BUSINESS INFORMATIONBUSINESS, LOSS OF PROFITS, LOSS OF GOODWILL, CAUSED BY OR OTHER PECUNIARY LOSS) ARISING OUT OF THE PERFORMANCE OR NONPERFORMANCE OF THIS AGREEMENT OR FROM CUSTOMER'S USE OR INABILITY TO USE THE SOFTWARE OR CUSTOMIZED PRODUCTS. NOMITECH SPECIFICALLY DISCLAIMS ALL DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS OR LOSS OF DATA OR PROPERTY, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING FROM OR RELATED TO THIS AGREEMENT AND/WEB SITE OR THE USE, INABILITY TO USE, RELIANCE ON OR TRANSFER OF ANY PROPERTY, LICENSED SOFTWARE, CUSTOMIZED PRODUCTS, INFORMATION OR DATA PROVIDED, GENERATED OR MADE ACCESSIBLE UNDER THIS AGREEMENT, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF NOMITECH DEVELOPER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH INJURY LOSS OR DAMAGES. ANY DAMAGES THAT DEVELOPER MAY BE REQUIRED TO PAY FOR ANY AND ALL CAUSES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES PROVIDED HEREUNDER, WHETHER FOR NEGLIGENCE, BREACH OF CONTRACT, BREACH OF WARRANTY OR OTHERWISE, REGARDLESS OF THE FORM OF ACTION, SHALL, IN THE AGGREGATE, BE LIMITED TO THE PAYMENTS MADE BY CUSTOMER PURSUANT TO THIS AGREEMENT.

Disclaimer of Consequential Damages. ISSUER HEREBY ACKNOWLEDGES AND AGREES, NOTWITHSTANDING ANYTHING TO THE MAXIMUM EXTENT PERMITTED BY LAWCONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT IS NOMITECHFUNDAMERICA, ITS OFFICERSWILL NOT, DIRECTORSUNDER ANY CIRCUMSTANCES, EMPLOYEES, REPRESENTATIVES AND SUCCESSORS AND ASSIGNS OR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, DELIVERY OR USE OF THE SOFTWARE, ITS CONTENTS OR RESULTS IN THE USE OF THE SOFTWARE BE LIABLE TO LICENSEE ISSUER FOR ANY DAMAGES WHATSOEVER (INCLUDINGCONSEQUENTIAL, WITHOUT LIMITATIONINCIDENTAL, INJURY TO PERSON OR PROPERTY, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATIONSPECIAL, OR OTHER PECUNIARY LOSS) EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THE USE OR INABILITY TO USE THE SOFTWARE OR CUSTOMIZED PRODUCTS. NOMITECH SPECIFICALLY DISCLAIMS ALL DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGESTRANSACTION CONTEMPLATED UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION LOSS OF BUT NOT LIMITED TO, LOST PROFITS OR LOSS OF DATA OR PROPERTY, BUSINESS INTERRUPTION OR BUSINESS. 1. Cap on Liability. ISSUER HEREBY ACKNOWLEDGES AND AGREES UNDER NO CIRCUMSTANCES WILL FUNDAMERICA’S TOTAL LIABILITY OF ANY OTHER COMMERCIAL DAMAGES OR LOSSES, AND ALL KINDS ARISING FROM OUT OF OR RELATED TO THIS AGREEMENT AND/OR THE USE, INABILITY (INCLUDING BUT NOT LIMITED TO USE, RELIANCE ON OR TRANSFER OF ANY PROPERTY, SOFTWARE, CUSTOMIZED PRODUCTS, INFORMATION OR DATA PROVIDED, GENERATED OR MADE ACCESSIBLE UNDER THIS AGREEMENTWARRANTY CLAIMS), REGARDLESS OF THE THEORY FORM AND REGARDLESS OF LIABILITY (WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT TORT, OR OTHERWISE, EXCEED THE TOTAL AMOUNT OF FEES PAID, IF ANY, BY ISSUER TO FUNDAMERICA UNDER THIS AGREEMENT DURING THE TWELVE (12) AND EVEN IF NOMITECH HAS BEEN ADVISED MONTH PERIOD PRIOR TO THE OCCURRENCE OF THE POSSIBILITY OF EVENT GIVING RISE TO SUCH INJURY OR DAMAGESLIABILITY.

Disclaimer of Consequential Damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Limitation of Liability. IN NO EVENT IS NOMITECH, ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND SUCCESSORS AND ASSIGNS SHALL DEVELOPER OR ANY PERSON OR ENTITY ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATIONDESIGN, PRODUCTIONDEVELOPMENT, DELIVERY OR USE ESTABLISHMENT OF THE SOFTWARE, ITS CONTENTS WEB SITE OR RESULTS IN THE USE DEVELOPMENT OF THE SOFTWARE DOCUMENTATION BE LIABLE TO LICENSEE FOR ANY DAMAGES WHATSOEVER (INCLUDINGINCIDENTAL, WITHOUT LIMITATIONSPECIAL, INJURY TO PERSON INDIRECT OR PROPERTY, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTIONCONSEQUENTIAL DAMAGES, LOSS OF BUSINESS INFORMATIONBUSINESS, LOSS OF PROFITS, LOSS OF GOODWILL, CAUSED BY OR OTHER PECUNIARY LOSS) ARISING OUT OF THE PERFORMANCE OR NONPERFORMANCE OF THIS AGREEMENT OR FROM CUSTOMER'S USE OR INABILITY TO USE THE SOFTWARE OR CUSTOMIZED PRODUCTS. NOMITECH SPECIFICALLY DISCLAIMS ALL DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS OR LOSS OF DATA OR PROPERTY, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING FROM OR RELATED TO THIS AGREEMENT AND/WEB SITE OR THE USE, INABILITY TO USE, RELIANCE ON OR TRANSFER OF ANY PROPERTY, LICENSED SOFTWARE, CUSTOMIZED PRODUCTS, INFORMATION OR DATA PROVIDED, GENERATED OR MADE ACCESSIBLE UNDER THIS AGREEMENT, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF NOMITECH DEVELOPER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH INJURY LOSS OR DAMAGES. ANY DAMAGES THAT DEVELOPER MAY BE REQUIRED TO PAY FOR ANY AND ALL CAUSES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES PROVIDED HEREUNDER, WHETHER FOR NEGLIGENCE, BREACH OF CONTRACT, BREACH OF WARRANTY OR OTHERWISE, REGARDLESS OF THE FORM OF ACTION, SHALL, IN THE AGGREGATE, BE LIMITED TO THE PAYMENTS MADE B\'CUSTOMER PURSUANT TO THIS AGREEMENT.