Exclusion from Limitation of Liability Clause Samples
The Exclusion from Limitation of Liability clause defines specific types of losses or claims that are not subject to the contract’s general cap on liability. Typically, this clause carves out exceptions for issues such as willful misconduct, gross negligence, breaches of confidentiality, or infringement of intellectual property rights, meaning that liability for these matters is unlimited or subject to different terms. Its core function is to ensure that certain serious breaches or risks are not shielded by the standard liability limits, thereby protecting parties from significant harm that could arise from egregious conduct or critical contractual violations.
Exclusion from Limitation of Liability. To the extent that Business Associate has limited its liability under the terms of the Relationship, whether with a maximum recovery for direct damages or a disclaimer against any consequential, indirect or punitive damages, or other such limitations, all limitations shall exclude any damages to Covered Entity arising from Business Associate's breach of its obligations relating to the use and disclosure of PHI.
Exclusion from Limitation of Liability. To the extent that Business Associate/QSO has limited its liability under the terms of this Agreement, whether with a maximum recovery for direct damages or a disclaimer against any consequential, indirect or punitive damages, or other such limitations, all limitations shall exclude any damages to Covered Entity arising from Business Associate/QSO's breach of its obligations relating to the use and disclosure of protected health information.
Exclusion from Limitation of Liability. To the extent that Business Associate has entered into other agreements with Hybrid Entity in which Business Associate has limited its liability, whether with a maximum recovery for direct damages or a disclaimer against any consequential, indirect or punitive damages, or other such limitations, such limitations shall exclude all damages to Hybrid Entity arising from Business Associate's breach of its obligations relating to the use and disclosure of Protected Health Information under this Agreement.
Exclusion from Limitation of Liability. NOTWITHSTANDING THE FOREGOING, NOTHING CONTAINED IN THE AGREEMENT SHALL LIMIT ▇▇▇▇▇▇▇▇▇’ LIABILITY FOR DAMAGES TO CUSTOMER FOR DEATH OR PERSONAL INJURY RESULTING SOLELY FROM ▇▇▇▇▇▇▇▇▇’ WILLFUL ACTIONS OR ▇▇▇▇▇▇▇▇▇’ GROSS NEGLIGENCE.
Exclusion from Limitation of Liability. NOTWITHSTANDING THE FOREGOING, NOTHING CONTAINED IN THE AGREEMENT SHALL LIMIT DESCARTES’ LIABILITY FOR DAMAGES TO CUSTOMER FOR DEATH OR PERSONAL INJURY RESULTING SOLELY FROM DESCARTES’ WILLFUL ACTIONS OR DESCARTES’ GROSS NEGLIGENCE.
Exclusion from Limitation of Liability. To the extent that Business Associate has entered into other agreements with Health Plan Sponsor in which Business Associate has limited its liability, whether with a maximum recovery for direct damages or a disclaimer against any consequential, indirect or punitive damages, or other such limitations, such limitations shall exclude all damages to Health Plan Sponsor and/or Health Plan Sponsor’s health plans arising from Business Associate's breach of its obligations relating to the use and disclosure of Protected Health Information under this Agreement.
Exclusion from Limitation of Liability. To the extent that Business AssociatelQSO has limited its liability under the terms of this Agreement, whether with a maximum recovery for direct damages or a disclaimer against any consequential, indirect or punitive damages, or other such limitations, all limitations shall exclude any damages to Covered Entity arising from Business AssociatelQSO's breach of its obligations relating to the use and disclosure of protected health information.
Exclusion from Limitation of Liability. To the extent that Business Associate/QSO has limited its liability under the terms of this Agreement, whether with a maximum recovery for direct damages or a disclaimer against any consequential, indirect or punitive damages, or other such limitations, all limitations shall exclude any damages to Covered Entity arising from Business Kings View Professional Services FY 2022-2022 Page 24 of25 DocuSign Envelope ID: 5E708DD5-3A76-4A5C-8E3A-544C9F5DDD4F Associate/QSO's breach of its obligations relating to the use and disclosure of protected health information.
Exclusion from Limitation of Liability. This limits of liability in this Section 10.2 will not apply if and to the extent that the liability arises from the gross negligence, fraud or wilful misconduct of Patheon.
Exclusion from Limitation of Liability. To the extent that Supplier has limited its liability under the terms of the Agreement, whether with a maximum recovery for direct damages or a disclaimer against any consequential, indirect, or punitive damages or other such limitations, all limitations shall exclude any damages to Corewell arising from Supplier’s breach of its obligations under this Addendum.