Exclusions from Limitation of Liability Clause Samples
The "Exclusions 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 violations of intellectual property rights, meaning that liability for these matters is not limited and may be pursued in full. By doing so, the clause ensures that parties remain fully accountable for particularly serious breaches or misconduct, thereby protecting against abuses and ensuring that critical obligations are enforced without artificial limits.
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Exclusions from Limitation of Liability. Nothing in this Agreement will exclude or limit either Party’s liability for: (i) death or personal injury due to negligence; (ii) fraud; (iii) breach of Clause 14 (“Confidentiality”); (iv) breach of Clause 5 (“Access to the Offering and Access and Usage Restrictions”), or (v) any other matter in respect of which liability cannot lawfully be limited or excluded.
Exclusions from Limitation of Liability. The foregoing limitations shall not apply to: (a) liability for infringement of a third party’s intellectual property rights; (b) claims regarding personal injury or damage to tangible property; (c) claims arising from gross negligence or from willful or intentional misconduct; (d) amounts due or obligations under any provision herein or agreement providing for liquidated damages; (e) amounts due or obligations under any provision herein or agreement for indemnification. Contractor, Purchaser, and DES shall not be liable for (a) exemplary or punitive damages; or (b) special or consequential damages. Contractor, DES and Purchaser shall not be liable for personal injury to another party or damage to another party’s property except personal injury or damage to property proximately caused by such party’s respective fault or negligence.
Exclusions from Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, THE LIMITATIONS IN SUBSECTION 5.2 DO NOT APPLY (A) TO CLAIMS ARISING FROM ANY BREACH OF SECTIONS 1, 2, AND 4; OR (B) TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
Exclusions from Limitation of Liability. Notwithstanding anything contained herein to the contrary, the limitations of liability contained in this Section shall not apply to: (a) damages arising out of or relating to a party’s failure to comply with its confidentiality obligations; and (b) either party’s indemnification obligations.
Exclusions from Limitation of Liability. 1. NOTWITHSTANDING ANY PROVISION OF THE CONTRACT TO THE CONTRARY, NO LIMITATION OF CONTRACTOR’S LIABILITY SHALL APPLY TO THE FOLLOWING:
(i) CLAIMS SUBJECT TO CONTRACTOR’S INDEMNIFICATION OBLIGATIONS OF THE CONTRACT EXCEPT AS PROVIDED IN CLAUSE 3;
(ii) CLAIMS RESULTING FROM CONTRACTOR’S OR SUBCONTRACTORS’ RECKLESSNESS, BAD FAITH, OR INTENTIONAL MISCONDUCT;
(iii) CLAIMS INVOLVING PERSONAL INJURY OR DEATH;
(iv) CLAIMS INVOLVING PROPERTY DAMAGE;
(v) CLAIMS RESULTING FROM FRAUD;
(vi) CLAIMS OF PATENT, TRADEMARK, COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT;
(vii) CLAIMS RESULTING FROM VIOLATIONS OF OBLIGATIONS RELATING TO CONFIDENTIALITY;
(viii) VIOLATIONS OF STATE OR FEDERAL LAW APPLICABLE TO THE CONTRACT AND ANY PENALTY OF ANY KIND LAWFULLY ASSESSED AS A RESULT OF SUCHVIOLATION;
(ix) DISALLOWANCE BY THE UNITED STATES GOVERNMENT; OR
(x) AMOUNTS DESCRIBED BY SECTION 11.28.
2. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGE, LOSS OR EXPENSE EVEN IF IT HAS BEEN ADVISED OF THEIR POSSIBLE EXISTENCE.
3. CONTRACTOR’S INDEMNIFICATION OBLIGATIONS UNDER (i) SECTION 10.1 (GENERAL INDEMNITY) AND (ii) HHS DATA USE AGREEMENT (VERSION 8.5; OCTOBER 23, 2019) ARE SUBJECT TO SECTION 11.27(A) (GENERAL LIMITATION). U. Article XI (“General Provisions”) of Attachment C, HHS Uniform Terms and Conditions
Exclusions from Limitation of Liability. NOTWITHSTANDING ANY PROVISION OF THE CONTRACT TO THE CONTRARY, NO LIMITATION OF CONTRACTOR’S LIABILITY SHALL APPLY TO
(i) CLAIMS SUBJECT TO CONTRACTOR’S INDEMNIFICATION OBLIGATIONS OF THE CONTRACT;
(ii) CLAIMS RESULTING FROM CONTRACTOR’S OR SUBCONTRACTORS’ RECKLESSNESS, BAD FAITH, OR INTENTIONAL MISCONDUCT;
(iii) CLAIMS INVOLVING PERSONAL INJURY OR DEATH;
(iv) CLAIMS INVOLVING PROPERTY DAMAGE;
(v) CLAIMS RESULTING FROM FRAUD;
(vi) CLAIMS OF PATENT, TRADEMARK, COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT;
(vii) CLAIMS RESULTING FROM VIOLATIONS OF ATTACHMENT A (DATA USE AGREEMENT) TO THE CONTRACT;
(viii) VIOLATIONS OF STATE OR FEDERAL LAW APPLICABLE TO THE CONTRACT INCLUDING, BUT NOT LIMITED TO, DISCLOSURES OF CONFIDENTIAL INFORMATION, AND ANY PENALTY OF ANY KIND LAWFULLY ASSESSED AS A RESULT OF SUCH VIOLATION;
Exclusions from Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, THE LIMITATIONS IN SUBSECTION 4.2 DO NOT APPLY (A) TO CLAIMS ARISING FROM ANY BREACH OF SECTION 2; AND (B) TO THE EXTENT PROHIBITED BY APPLICABLE LAW. IF THIS AGREEMENT IS GOVERNED BY THE LAWS OF ENGLAND AND WALES PURSUANT TO SECTION 6 BELOW, NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT ANY PARTY’S LIABILITY FOR: (i) FRAUD OR FRAUDULENT MISREPRESENTATION; OR (ii) DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE.
Exclusions from Limitation of Liability. Notwithstanding anything contained herein to the contrary, on a claim-by-claim basis, each Party’s liability to the other Party for (i) indemnification obligations under Section 12, (ii) [* * *], or (iii) breach of its confidentiality obligations under Section, shall be capped at an amount equal to (x) [* * *], and (y) [* * *].
Exclusions from Limitation of Liability. The limitation of liability provisions set forth in Section 23 of the Service Agreement shall not apply to any breach of the warranties set forth in paragraph 6 above nor to any breach by the Client of the provisions of paragraph 10.d.
Exclusions from Limitation of Liability. THE LIMITATIONS SET FORTH IN SECTION 5.1 SHALL NOT APPLY WITH RESPECT TO: (A) DAMAGES CAUSED BY THE FRAUDULENT, OR WILLFUL MISCONDUCT OR GROSS NEGLIGENCE OF A PARTY; OR (B) DAMAGES OCCASIONED BY CUSTOMER ’S BREACH OF SECTION 2.2.