Common use of Exclusions from Limitation of Liability Clause in Contracts

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.