Common use of Liability Limitations; Mitigation Clause in Contracts

Liability Limitations; Mitigation. 9.9.1 Neither Party nor any Purchaser shall be liable to the other for the other’s special, consequential, punitive, incidental or indirect damages, however caused, on any theory of liability, and whether or not they have been advised of the possibility of such damages, except: 9.9.1.1 as may arise from a Party’s or any Purchaser’s gross negligence, willful misconduct, fraud or violation of applicable law or regulation; 9.9.1.2 as may arise from a Party’s or any Purchaser’s breach of Section 9.9.1.3 obligations pursuant to Section 9.7 (Recalls) or Sections 10.1 (Vendor Indemnification) and 10.2 (Comparative Fault). 9.9.2 Any reasonable costs and expenses incurred by HealthTrust and any Purchasers to mitigate or lessen any damages or harm caused by any failure of Products or Services to comply with the warranties referenced in this Agreement shall be considered direct damages. 9.9.3 Upon the occurrence of a termination event due to Vendor’s breach, Purchaser’s fulfilment of its payment obligations to any leasing or financing entities related to the applicable Products, Vendor Software or Equipment shall be considered direct damages recoverable by Purchaser under this Agreement.