Common use of Exclusions from Limitation of Liability Clause in Contracts

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. 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 SUCHVIOLATIONSUCH VIOLATION; (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 (new Section 11.28 titled “General Provisions”) of Attachment C, Acknowledged Direct Damages under HHS Uniform Terms and ConditionsData Use Agreement” as follows: