Common use of EXCEPT FOR BREACHES Clause in Contracts

EXCEPT FOR BREACHES. OF LICENSE RESTRICTIONS OR CONFIDENTIALITY OBLIGATIONS, NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS OR REVENUES, WHETHER ARISING IN CONTRACT (INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT OR BREACH OF WARRANTY), IN TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE AND STRICT LIABILITY), OR ANY OTHER THEORY OF RELIEF, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF AS A RESULT ANY REMEDY ARISING HEREUNDER OR UNDER APPLICABLE LAW FAILS FOR ITS ESSENTIAL PURPOSE. THE FOREGOING LIMITATIONS ON KNC’S LIABILITY SHALL NOT APPLY IN THE EVENT THAT KNC HAS INTENTIONALLY OR WILLFULLY BREACHED THIS AGREEMENT BY FAILING TO PERFORM ITS OBLIGATIONS HEREUNDER, OR HAS BEEN GROSSLY NEGLIGENT IN PERFORMANCE OF ITS DUTIES HEREUNDER. *****Confidential portions of the material have been omitted and filed separately with the Securities and Exchange Commission.

EXCEPT FOR BREACHES. OF LICENSE RESTRICTIONS OR THE CONFIDENTIALITY OBLIGATIONSPROVISIONS IN SECTION 20, NEITHER IN NO EVENT SHALL EITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY INCIDENTALSPECIAL, CONSEQUENTIAL, INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENTINCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATIONHOWEVER CAUSED, LOSS OF PROFITS OR REVENUES, WHETHER ARISING IN CONTRACT (INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT OR BREACH OF WARRANTY), IN TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE AND STRICT LIABILITY), OR ON ANY OTHER THEORY OF RELIEF, EVEN IF INFORMED LIABILITY AND WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF AS A RESULT ANY REMEDY DAMAGES, ARISING HEREUNDER OUT OF THIS AGREEMENT PROVIDED PURSUANT TO THIS AGREEMENT. IN NO EVENT WILL RAMBUS' LIABILITY ARISING OUT OF THIS AGREEMENT EXCEED THE FEES RECEIVED BY RAMBUS HEREUNDER. IN NO EVENT WILL INTEL'S LIABILITY ARISING OUT OF THIS AGREEMENT EXCEED THE FEES PAID OR UNDER APPLICABLE LAW FAILS FOR ITS ESSENTIAL PURPOSEPAYABLE BY INTEL HEREUNDER, PROVIDED, HOWEVER, THAT THIS MAXIMUM LIABILITY OF INTEL SHALL BE IN ADDITION TO INTEL'S OBLIGATION TO PAY ALL FEES PAYABLE, BUT UNPAID, BY INTEL. THE FOREGOING LIMITATIONS ON KNC’S LIABILITY THESE LIMITATIONS, HOWEVER, SHALL NOT APPLY IN TO INFRINGEMENT OF THE EVENT THAT KNC HAS INTENTIONALLY OR WILLFULLY BREACHED THIS AGREEMENT BY FAILING TO PERFORM ITS OBLIGATIONS HEREUNDER, OR HAS BEEN GROSSLY NEGLIGENT IN PERFORMANCE OF ITS DUTIES HEREUNDER. *****Confidential portions of the material have been omitted and filed separately with the Securities and Exchange CommissionOTHER PARTY'S INTELLECTUAL PROPERTY RIGHTS.