Common use of Exclusion from Limitation of Liability Clause in Contracts

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 Associate has entered into other agreements with Health Plan Sponsor in which Business Associate has limited its liabilityliability 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, such all 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 AgreementInformation.