Common use of Exceptions to Liability Clause in Contracts

Exceptions to Liability. Notwithstanding anything contained in this Agreement to the contrary, NDC shall not be liable for any loss or damage to the Products: (i) occurring prior to or subsequent to NDC’s care, custody and control of the Products (which shall commence when NDC accepts receipt of such Products and shall terminate when such Products are placed with a carrier for shipment); (ii) attributable to or otherwise caused by NDC’s performance of Services specifically instructed by Customer’s authorized representatives; (iii) that is within the Shrinkage Allowance set forth in Section 5.3; (iv) attributable to or otherwise caused by any defects in the manufacturing or packaging or inherent vice of Products; (v) attributable to or otherwise caused by the acts or omissions of transportation service providers; (vi) attributable to concealed damage; or (vii) attributable to or otherwise caused by the negligence or intentional misconduct of Customer or any of its employees, agents or subcontractors.