Common use of DISCLAIMER OF WARRANTY AND LIABILITY Clause in Contracts

DISCLAIMER OF WARRANTY AND LIABILITY. 11.1 The Parties will perform the Study in accordance with the Protocol and the terms of the Agreement. However, no Party promises success in achieving any particular result. Except as expressly provided in the Agreement, no Party gives any warranty whatsoever, express or implied, as to any matter, including, without limitation, as to the results of the Study or regarding Confidential Information that a Party may disclose to another Party. No Party will be responsible for any lost profits, lost opportunities, or other indirect or consequential damages suffered by any other Party as a result of the conduct of the Study or the performance of the Agreement. 11.2 The Parties acknowledge and agree that each Party will be responsible and liable for any damage or loss to the extent that such damage or loss arises as a result of its own negligence or willful or wrongful acts or omissions in the administration of this Agreement or in conducting the Study, such as a failure by that Party to: (a) adhere to the material terms of the Protocol; (b) comply with applicable governmental requirements or regulations of the country in which a Party operates; and (c) conduct the Study in accordance with the medical standards set out in the ICH-GCP. No Party (“the First Party”) will be liable to any other Party (the “Second Party”) for any damage or loss that results from the use by the Second Party or third party of the Data or Inventions developed under the Agreement, Protocol, or Study, except to the extent that the damage or loss arises from the gross negligence or willful misconduct of the First Party.

DISCLAIMER OF WARRANTY AND LIABILITY. 11.1 The Parties will perform the Study in accordance with the Protocol and the terms of the Agreement. However, no Party promises success in achieving any particular result. Except as expressly provided in the Agreement, no Party gives any warranty whatsoever, express or implied, as to any matter, including, without limitation, as to the results of the Study or regarding Confidential Information that a Party may disclose to another Party. No Party will be responsible for any lost profits, lost opportunities, or other indirect or consequential damages suffered by any other Party as a result of the conduct of the Study or the performance of the Agreement. 11.2 The Parties acknowledge and agree that each Party will be responsible and liable for any damage or loss to the extent that such damage or loss arises as a result of its own negligence or willful or wrongful acts or omissions in the administration of this Agreement or in conducting the Study, such as a failure by that Party to: (a) adhere to the material terms of the Protocol; (b) comply with applicable governmental requirements or regulations of Canada or the country province in which a Party operates; and (c) conduct the Study in accordance with the medical standards set out in the ICH-GCP. No Party (“the First Party”) will be liable to any other Party (the “Second Party”) or third party for any damage or loss that results from the use by the Second Party or third party of the Data or Inventions developed under the Agreement, Protocol, or Study, except to the extent that the damage or loss arises from the gross negligence or willful misconduct of the First Party.