Common use of Exemption and Limitation of Liability Clause in Contracts

Exemption and Limitation of Liability. 8.1. You agree that any conditions, warranties and other terms implied by statute or common law, which would or might subsist in your favor, are excluded from this Agreement to the fullest extent permitted by law. 8.2. Neither we, nor any BlueVoyant External Service Provider, shall be responsible for any delay in the performance of the Services where such delay is beyond our control (including, but not limited to your failure to provide, in a timely manner, any information required for the purposes of the Engagement). 8.3. Neither we, nor any BlueVoyant External Service Provider, shall be liable to you for any loss or damage suffered by you of any kind whatsoever arising from or in connection with the acts or omissions of any third-party, including but not limited to circumstances in which we have relied on information provided or published by third parties for the purposes of the provision the Services and such information is subsequently discovered by us to be inaccurate. 8.4. Neither BlueVoyant nor any BlueVoyant External Service Provider will be liable under any negligence, tort, strict or professional liability, contract or other legal or equitable theory for any claims, liabilities, losses or expenses relating to thE Engagement or the services contemplated thereunder for: (i) an aggregate amount in excess of the fees actually paid by Client to BlueVoyant pursuant to this Agreement, except to the extent such liability is determined by a court of competent jurisdiction in a final, non-appealable judgment to have resulted from BlueVoyant’s gross negligence, fraud, or willful misconduct; (II) consequential, special, indirect, punitive or exemplary losses, damages or expenses, including without limitation damages for loss of data, loss of business profits, business interruption, costs of procurement of substitute goods, services, technology or rights, or other pecuniary loss; or (III) any matter beyond its reasonable control; in each case, even if BlueVoyant has been advised of the possibility of such damages 8.5. You agree that no claim under or in connection with this Agreement and/or the Services shall be brought against us, any BlueVoyant Person or BlueVoyant External Service Provider after the expiration of two (2) years from the date on which your cause of actions accrues.

Exemption and Limitation of Liability. 8.110.1. You agree that any conditions, warranties and other terms implied by statute or common law, which would or might subsist in your favor, are excluded from this Agreement to the fullest extent permitted by law. 8.210.2. Neither we, nor any BlueVoyant External Service Provider, shall be responsible for any delay in delayin the performance of the Services where such delay is beyond our control (including, but not limited to your failure to provide, in a timely manner, any information required for the purposes of the Engagement). 8.310.3. Neither we, nor any BlueVoyant External Service Provider, shall be liable to you for any loss or damage suffered by you of any kind whatsoever arising from or in connection with the acts or omissions of any third-party, including but not limited to circumstances in which we have relied on information provided or published by third parties for the purposes of the provision the Services and such information is subsequently discovered by us to be inaccurate. 8.410.4. Neither BlueVoyant nor any BlueVoyant External Service Provider will be liable under any negligence, tort, strict or professional liability, contract or other legal or equitable theory for any claims, liabilities, losses or expenses relating to thE Engagement or the services contemplated thereunder for: (i) an aggregate amount in excess of the fees actually paid by Client to BlueVoyant pursuant BlueVoyantpursuant to this Agreement, except to the extent such liability is determined by a court of competent jurisdiction in a final, non-appealable judgment to have resulted from BlueVoyant’s gross negligence, fraud, or willful misconduct; (II) consequential, special, indirect, punitive or exemplary losses, damages or expenses, including without limitation damages for loss of data, loss of business profits, business interruption, costs of procurement of substitute goods, services, technology or rights, or other pecuniary loss; or (III) any matter beyond its reasonable control; in each case, even if BlueVoyant has been advised of the possibility of such damages. 8.510.5. BlueVoyant does not supplant your management or other decision-making bodies and does not guarantee results. You remain solely responsible for your decisions, actions, use of any advice, report or other documentary material we produce as part of the Services, including any use of solution outputs, and compliance with applicable laws, rules and regulations. 10.6. You agree that no claim under or in connection with this Agreement and/or the Services shall be brought against us, any BlueVoyant Person or BlueVoyant External Service Provider after the expiration of two (2) years from the date on which your cause of actions accrues.

Exemption and Limitation of Liability. 8.1. You agree that any conditions, warranties and other terms implied by statute or common law, which would or might subsist in your favor, are excluded from this Agreement to the fullest extent permitted by law. 8.2. Neither we, nor any BlueVoyant External Service Provider, shall be responsible for any delay in delayin the performance of the Services where such delay is beyond our control (including, but not limited to your failure to provide, in a timely manner, any information required for the purposes of the Engagement). 8.3. Neither we, nor any BlueVoyant External Service Provider, shall be liable to you for any loss or lossor damage suffered by you of any kind whatsoever arising from or in connection with the acts or omissions of any third-party, including but not limited to circumstances in which we have relied on information provided or published by third parties for the purposes of the provision the Services and such information is subsequently discovered by us to be inaccurate. 8.4. Neither BlueVoyant nor any BlueVoyant External Service Provider will be liable under any negligence, tort, strict or professional liability, contract or other legal or equitable theory for any claims, liabilities, losses or expenses relating to thE Engagement or the services contemplated thereunder for: (i) an aggregate amount in excess of the fees actually paid by Client to BlueVoyant pursuant to this Agreement, except to the extent such liability is determined by a court of competent jurisdiction in a final, non-appealable judgment to have resulted from BlueVoyant’s gross negligence, fraud, or willful misconduct; (II) consequential, special, indirect, punitive or exemplary losses, damages or expenses, including without limitation damages for loss of data, loss of business profits, business interruption, costs of procurement of substitute goods, services, technology or rights, or other pecuniary loss; or (III) any matter beyond its reasonable control; in each case, even if BlueVoyant has been advised of the possibility of such damages 8.5. You agree that no claim under or in connection with this Agreement and/or the Services shall be brought against us, any BlueVoyant Person or BlueVoyant External Service Provider after the expiration of two (2) years from the date on which your cause of actions accrues.