Common use of Exclusion of Consequential and Other Indirect Damages Clause in Contracts

Exclusion of Consequential and Other Indirect Damages. To the fullest extent permitted by Law, Board will not be liable to Licensee for any consequential, incidental, indirect, exemplary, special or punitive damages whether arising out of breach of contract, tort (including negligence) or otherwise, regardless of whether such damage was foreseeable and whether or not Licensee has been advised of the possibility of such damages. NOTWITHSTANDING ANY PROVISION IN THIS LICENSE AGREEMENT TO THE CONTRARY, LICENSEE AGREES AND STIPULATES THAT UNIVERSITY WILL NOT BE REQUIRED TO PERFORM ANY ACT OR TO REFRAIN FROM ANY ACT IF THAT PERFORMANCE OR NON-PERFORMANCE WOULD CONSTITUTE A VIOLATION OF THE CONSTITUTION OR LAWS OF THE STATE OF TEXAS. Without limitation of the forgoing, any provision of this License Agreement to the effect that the University (i) waives or releases a right to make a claim against Licensee or exculpates Licensee from liability; or (ii) will pay attorney’s fees incurred by Licensee or any other person are effective only to the extent that the same are authorized by the Constitution and the laws of the State of Texas as of the Effective Date hereof. No provision in this License Agreement will constitute nor is it intended to constitute a waiver of the Board of Regents of The University of Texas, The University of Texas System’s, The University of Texas [at – insert institution], or the State of Texas' sovereign immunity to suit.

Exclusion of Consequential and Other Indirect Damages. To the fullest extent permitted by Law, Board will the Commission shall not be liable to Licensee for any consequential, incidental, indirect, exemplary, special or punitive damages damages, whether arising out of breach of contract, tort (including negligence) ), or otherwise, regardless of whether such damage was foreseeable and whether or not Licensee has been advised of the possibility of such damages. NOTWITHSTANDING ANY PROVISION IN THIS LICENSE AGREEMENT TO THE CONTRARY, LICENSEE AGREES AND STIPULATES THAT UNIVERSITY THE COMMISSION WILL NOT BE REQUIRED REǪUIRED TO PERFORM ANY ACT OR TO REFRAIN FROM ANY ACT IF THAT PERFORMANCE OR NON-NON- PERFORMANCE WOULD CONSTITUTE A VIOLATION OF THE CONSTITUTION OR LAWS OF THE STATE OF TEXAS. Without limitation of the forgoing, any provision of this License Agreement to the effect that the University Commission (i) waives or releases a right to make a claim against Licensee or exculpates Licensee from liability; or (ii) will pay attorney’s fees incurred by Licensee or any other person are effective only to the extent that the same are authorized by the Constitution and the laws of the State of Texas as of the Effective Date hereof. No provision in this License Agreement will constitute nor is it intended to constitute a waiver of the Board of Regents of The University of Texas, The University of Texas System’s, The University of Texas [at – insert institution], Commission or the State of Texas' sovereign immunity to suit.

Exclusion of Consequential and Other Indirect Damages. To the fullest extent permitted by Law, Board will not be liable to Licensee for any consequential, incidental, indirect, exemplary, special or punitive damages whether arising out of breach of contract, tort (including negligence) or otherwise, regardless of whether such damage was foreseeable and whether or not Licensee has been advised of the possibility of such those damages. NOTWITHSTANDING ANY PROVISION IN THIS LICENSE AGREEMENT TO THE CONTRARY, LICENSEE AGREES AND STIPULATES THAT UNIVERSITY WILL NOT BE REQUIRED TO PERFORM ANY ACT OR TO REFRAIN FROM ANY ACT IF THAT PERFORMANCE OR NON-PERFORMANCE WOULD CONSTITUTE A VIOLATION OF LAWS, INCLUDING THE CONSTITUTION OR LAWS OF THE STATE OF TEXAS. Without limitation of the forgoing, any provision of this the License Agreement to the effect that the University (i) waives or releases a right to make a claim against Licensee or exculpates Licensee from liability; or (ii) will pay attorney’s fees incurred by Licensee or any other person are effective only to the extent that the same are authorized by the Constitution and the laws of the State of Texas as of the Effective Date hereofTexas. No provision in this the License Agreement will constitute nor is it intended to constitute a waiver of the Board sovereign immunity of Regents of The University of Texasthe Board, The University of Texas System’s, The University of Texas [at – insert institution]University, or the State of Texas' sovereign immunity to suit.

Exclusion of Consequential and Other Indirect Damages. To the fullest extent permitted by Law, Board will shall not be liable to Licensee for any consequential, incidental, indirect, exemplary, special or punitive damages whether arising out of breach of contract, tort (including negligence) or otherwise, regardless of whether such damage was foreseeable and whether or not Licensee has been advised of the possibility of such damages. NOTWITHSTANDING ANY PROVISION IN THIS LICENSE AGREEMENT TO THE CONTRARY, LICENSEE SELLER AGREES AND STIPULATES THAT UNIVERSITY WILL SHALL NOT BE REQUIRED TO PERFORM ANY ACT OR TO REFRAIN FROM ANY ACT IF THAT PERFORMANCE OR NON-PERFORMANCE WOULD CONSTITUTE A VIOLATION OF THE CONSTITUTION OR LAWS OF THE STATE OF TEXAS. Without limitation of the forgoing, any provision of this License Agreement to the effect that the University (i) waives or releases a right to make a claim against Licensee Seller or exculpates Licensee Seller from liability; or (ii) will pay attorney’s fees incurred by Licensee Seller or any other person are effective only to the extent that the same are authorized by the Constitution and the laws of the State of Texas as of the Effective Date hereof. No provision in this License Agreement will shall constitute nor is it intended to constitute a waiver of the Board of Regents of The University of Texas, The University of Texas System’s, The University of Texas [at – insert institution], or the State of Texas' sovereign immunity to suit.