Common use of Exceptions to Limitations of Liability Clause in Contracts

Exceptions to Limitations of Liability. S ections 18.3(a) and ( b) shall not apply with respect to: (i) Losses occasioned by the fraud, willful misconduct, or gross negligence of a Party. (ii) Losses that are the subject of indemnification under this Agreement, but only to the extent the damage is caused by the acts or omissions of Service Provider. (iii) Any losses occasioned by any breach of Service Provider's representations, or warranties or covenants under this Agreement set forth in S ections 15.6(a), 1 5.7, 1 5.8, 1 5.9, 1 5.10, and 1 5.11 under this Agreement. (iv) Losses occasioned by Service Provider's refusal to provide Services or Termination Assistance Services. For purposes of this provision, "refusal" shall mean the refusal or failure to commence performance or the intentional cessation by Service Provider, in a manner impermissible under this Agreement, of the performance of all or a material portion of the Services or Termination Assistance Services then required to be provided by Service Provider under this Agreement. (v) Any of the losses listed in Section 13.3(g) occasioned by Service Provider's breach of its obligations under Article 13, but only to the extent the damage is caused by the acts or omissions of Service Provider.

Exceptions to Limitations of Liability. S ections Sections 18.3(a) and ( (b) shall not apply with respect to: (i) Losses occasioned by the fraud, willful misconduct, or gross negligence of a Party. (ii) Losses that are the subject of indemnification under this Agreement, but only to the extent the damage is caused by the acts or omissions of Service Provider. (iii) Any losses occasioned by any breach of Service Provider's representations, or warranties or covenants under this Agreement set forth in S ections Sections 15.6(a), 1 5.715.7, 1 5.815.8, 1 5.915.9, 1 5.1015.10, and 1 5.11 15.11 under this Agreement. (iv) Losses occasioned by Service Provider's refusal to provide Services or Termination Assistance Services. For purposes of this provision, "refusal" shall mean the refusal or failure to commence performance or the intentional cessation by Service Provider, in a manner impermissible under this Agreement, of the performance of all or a material portion of the Services or Termination Assistance Services then required to be provided by Service Provider under this Agreement. (v) Any of the losses listed in Section 13.3(g) occasioned by Service Provider's breach of its obligations under Article 13, but only to the extent the damage is caused by the acts or omissions of Service Provider.

Exceptions to Limitations of Liability. S ections Sections 18.3(a) and ( (b) shall not apply with respect to: (i) Losses occasioned by the fraud, willful misconduct, or gross negligence of a Party. (ii) Losses that are the subject of indemnification under this Agreement, but only to the extent the damage is caused by the acts or omissions of Service Provider. (iii) Any losses occasioned by any breach of Service ProviderSuccessful Respondent's representations, or warranties or covenants under this Agreement set forth in S ections Sections 15.6(a), 1 5.715.7, 1 5.815.8, 1 5.915.9, 1 5.1015.10, 15.11, and 1 5.11 15.12 under this Agreement. (iv) Losses occasioned by Service ProviderSuccessful Respondent's refusal to provide Services or Termination Assistance Services. For purposes of this provision, "refusal" shall mean the refusal or failure to commence performance or the intentional cessation by Service ProviderSuccessful Respondent, in a manner impermissible under this Agreement, of the performance of all or a material portion of the Services or Termination Assistance Services then required to be provided by Service Provider Successful Respondent under this Agreement. (v) Any of the losses listed in Section 13.3(g) occasioned by Service ProviderSuccessful Respondent's breach of its obligations under Article 13, but only to the extent the damage is caused by the acts or omissions of Service Provider.under

Exceptions to Limitations of Liability. S ections Sections 18.3(a) and ( (b) shall not apply with respect to: (i) Losses occasioned by the fraud, willful misconduct, or gross negligence of a Party. (ii) Losses that are the subject of indemnification under this Agreement, but only to the extent the damage is caused by the acts or omissions of Service Provider. (iii) Any losses occasioned by any breach of Service Provider's representations, or warranties or covenants under this Agreement set forth in S ections Sections 15.6(a), 1 5.715.7, 1 5.815.8, 1 5.915.9, 1 5.1015.10, and 1 5.11 15.11 under this Agreement. (iv) Losses occasioned by Service Provider's refusal to provide Services or Termination Assistance Services. For purposes of this provision, "refusal" shall mean the refusal or failure to commence performance or the intentional cessation by Service Provider, in a manner impermissible under this Agreement, of the performance of all or a material portion of the Services or Termination Assistance Services then required to be provided by Service Provider under this Agreement. (v) Any of the losses listed in Section 13.3(g) occasioned by Service Provider's breach of its obligations under Article 13, but only to the extent the damage is caused by the acts or omissions of Service Provider.

Exceptions to Limitations of Liability. S ections Sections 18.3(a) and ( (b) shall not apply with respect to: (i) Losses occasioned by the fraud, willful misconduct, or gross negligence of a Party. (ii) Losses that are the subject of indemnification under this Agreement, but only to the extent the damage is caused by the acts or omissions of Service Provider. (iii) Any losses occasioned by any breach of Service Provider's representations, or warranties or covenants under this Agreement set forth in S ections Sections 15.6(a), 1 5.715.7, 1 5.815.8(a-b and d-j), 1 5.915.9, 1 5.1015.10, 15.11, and 1 5.11 15.12 under this Agreement. (iv) Losses occasioned by Service Provider's refusal to provide Services or Termination Assistance Services. For purposes of this provision, "refusal" shall mean the refusal or failure to commence performance or the intentional cessation by Service Provider, in a manner impermissible under this Agreement, of the performance of all or a material portion of the Services or Termination Assistance Services then required to be provided by Service Provider under this Agreement. (v) Any of the losses listed in Section 13.3(g) occasioned by Service Provider's breach of its obligations under Article 13, but only to the extent the damage is caused by the acts or omissions of Service Provider13.1 (Confidentiality).

Exceptions to Limitations of Liability. S ections 18.3(a) and ( b) shall not apply with respect to: (i) Losses occasioned by the fraud, willful misconduct, or gross negligence of a Party. (ii) Losses that are the subject of indemnification under this Agreement, but only to the extent the damage is caused by the acts or omissions of Service Provider. (iii) Any losses occasioned by any breach of Service Provider's representations, or warranties or covenants under this Agreement set forth in S ections 15.6(a), 1 5.7, 1 5.8, 1 5.9, 1 5.10, and 1 5.11 under this Agreement. (iv) Losses occasioned by Service Provider's refusal to provide Services or Termination Assistance Services. For purposes of this provision, "refusal" shall mean the refusal or failure to commence performance or the intentional cessation by Service Provider, in a manner impermissible under this Agreement, of the performance of all or a material portion of the Services or Termination Assistance Services then required to be provided by Service Provider under this Agreement. (v) Any of the losses listed in Section 13.3(g) occasioned by Service Provider's breach of its obligations under Article A rticle 13, but only to the extent the damage is caused by the acts or omissions of Service Provider.