Common use of Exceptions to Limitations of Liability Clause in Contracts

Exceptions to Limitations of Liability. The limitations of liability set forth in 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 (provided that, indemnification obligations arising under Sections 17.1(a) and (h), 17.2(a) and 17.3 shall nonetheless be subject to the liability cap set forth in Section 18.3(b)). (iii) Losses occasioned by Supplier’s refusal to provide Services or Termination Assistance Services (for purposes of this provision, “refusal” shall mean the intentional cessation by Supplier, 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 Supplier under this Agreement). (iv) Amounts paid under Section 17.3 with respect to death or bodily injury of an agent, employee, customer, business invitee, business visitor or other person or damage, loss or destruction of real or tangible personal property. (v) Losses occasioned by any breach of a Party’s representations or warranties set forth in Sections 15.3 and 15.4 of this Agreement. (vi) Losses occasioned by any breach of a Party’s obligations under Article 13.

Exceptions to Limitations of Liability. The limitations of liability set forth in Sections 18.3(a19.2(a), (b) and (bc) 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 (provided that, indemnification obligations arising under Sections 17.1(a) and (h), 17.2(a) and 17.3 shall nonetheless be subject to the liability cap other than as set forth in Section 18.3(b)19.2(c) (and, for clarity, the Parties acknowledge that non-Party claims subject to an indemnification obligation pursuant to Exhibit 16 are subject to indemnification under this Agreement). (iii) Losses occasioned by SupplierProvider’s refusal to provide Services or Termination Assistance Services (for Disengagement Services. For purposes of this provision, “refusal” shall mean the intentional cessation by SupplierProvider, in a manner impermissible under this Agreement, of the performance of all or a material portion of the Services or Termination Assistance Disengagement Services then required to be provided by Supplier Provider under this Agreement). (iv) Amounts paid under Section 17.3 18.3 with respect to death or bodily injury of an agent, employee, customer, business invitee, business visitor or other person or damage, loss or destruction of real or tangible personal property. (v) Losses occasioned by any breach of a Party’s representations or warranties set forth in Sections 15.3 and 15.4 of under this Agreement. (vi) Losses occasioned by any breach of a Party’s obligations under Article 1314 other than as set forth in Section 19.2(c). (vii) Losses occasioned by Provider’s failure to remedy unqualified Controls Audit opinion in accordance with the requirements of Section 9.11(h).