Common use of Liability Restrictions Clause in Contracts

Liability Restrictions. (a) IN NO EVENT, WHETHER IN CONTRACT OR IN TORT (INCLUDING BREACH OF WARRANTY, NEGLIGENCE AND STRICT LIABILITY IN TORT), SHALL A PARTY BE LIABLE FOR INDIRECT OR CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. (b) Subject to Subsections (c) and (d) of this Section, each Party's total liability to the other, whether in contract or in tort (including breach of warranty, negligence and strict liability in tort) shall be limited to an amount equal to one hundred fifty million U.S. Dollars (U.S. $150,000,000). (c) The limitation set forth in Subsection (b) of this Section shall not apply with respect to: (i) damages occasioned by willful misconduct or gross negligence; (ii) claims of breach of confidentiality, (iii) claims subject to indemnification pursuant to the Agreement, (iv) financing charges, fees or costs that are assessed on any unused financing amounts (including to the extent owed or paid by WinStar and included as part of any damages to which WinStar is or becomes entitled pursuant to law), (v) failure to comply with applicable laws and regulations, (vi) damages occasioned by the improper or wrongful termination or abandonment of work by Lucent; and (vii) any amounts paid by WinStar that are refundable (either by credit or payment) by Lucent pursuant to this Agreement.. (d) For the purposes of this Section 16.2, all amounts payable or paid to third parties in connection with claims that are eligible for indemnification pursuant to this Agreement shall be deemed direct damages. Supply Agreement Confidential - WinStar/Lucent 39 -

Liability Restrictions. (a) 15.2.1 SUBJECT TO SECTION 15.2.2 BELOW, IN NO EVENT, WHETHER IN CONTRACT OR IN TORT (INCLUDING BREACH OF WARRANTY, NEGLIGENCE AND STRICT LIABILITY IN TORT), SHALL A PARTY BE LIABLE TO THE OTHER PARTY FOR INDIRECT OR INDIRECT, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. (b) Subject to Subsections (c) and (d) of this Section, each Party's total liability to the other, whether in contract or in tort (including breach of warranty, negligence and strict liability in tort) shall be limited to an amount equal to one hundred fifty million U.S. Dollars (U.S. $150,000,000). (c) 15.2.2 The limitation limitations set forth in Subsection (b) of this Section SECTION 15.2.1 shall not apply with respect to: (i) damages occasioned by the willful misconduct or gross negligence; negligence of a Party, (ii) claims of breach of confidentiality, (iii) claims subject to indemnification pursuant to the Agreement, (iv) financing charges, fees or costs that are assessed on any unused financing amounts (including to the extent owed or paid by WinStar and included as part of any damages to which WinStar is or becomes entitled pursuant to law), (v) failure to comply with applicable laws and regulations, (vi) damages occasioned by the improper or wrongful termination of this Agreement or abandonment (iii) damages occasioned by a violation of work by Lucent; and (vii) any amounts paid by WinStar that are refundable (either by credit or payment) by Lucent pursuant to SECTION 12 of this Agreement... (d) For 15.2.3 Each Party shall have a duty to mitigate damages for which the purposes other Party is responsible. 15.2.4 Each Party shall be liable to the other Party for any actual damages as set forth in SECTION 15.1 only if, and to the extent that the aggregate of this Section 16.2, all amounts payable losses arising from or paid to third parties in connection with any such failure to perform obligations in the manner required by this Agreement exceeds ten thousand dollars ($10,000.00). 15.2.5 PathNet agrees that all claims that are eligible for indemnification pursuant to arising from and out of the terms of this Agreement shall be deemed direct damages. Supply Agreement Confidential - WinStar/Lucent 39 -limited to the assets of Incumbent and that all rights or remedies at law or in equity against Incumbent's Partners by PathNet, its successors, assigns and representatives are hereby expressly waived.

Liability Restrictions. (a) SUBJECT TO SUBSECTION (b) BELOW, IN NO EVENT, WHETHER IN CONTRACT OR IN TORT (INCLUDING BREACH OF WARRANTY, NEGLIGENCE AND STRICT LIABILITY IN TORT), SHALL A PARTY BE LIABLE TO THE OTHER PARTY FOR INDIRECT OR CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. (b) Subject to Subsections (c) and (d) of this Section, each Party's total liability to the other, whether in contract or in tort (including breach of warranty, negligence and strict liability in tort) shall be limited to an amount equal to one hundred fifty million U.S. Dollars (U.S. $150,000,000). (c) The limitation limitations set forth in Subsection subsection (ba) of this Section shall not apply with respect to: (i) damages occasioned by the willful misconduct or gross negligence; negligence of a Party, (ii) claims damages occasioned by a non-compliance with any Requirements of breach of confidentialityLaw by either Party, (iii) claims subject to indemnification pursuant to the Agreement, damages occasioned by improper or wrongful termination of this Agreement or (iv) financing charges, fees or costs that are assessed on any unused financing amounts (including to the extent owed or paid by WinStar and included as part of any damages to which WinStar is or becomes entitled pursuant to law), (v) failure to comply with applicable laws and regulations, (vi) damages occasioned by the improper or wrongful termination or abandonment a violation of work by Lucent; and (vii) any amounts paid by WinStar that are refundable (either by credit or payment) by Lucent pursuant to SECTION 12 of this Agreement... (c) Each Party shall have a duty to mitigate damages for which the other Party is responsible. (d) For Each Party shall be liable to the purposes other Party for any actual damages as set forth in SECTION 16.1 only if, and to the extent that the aggregate of this Section 16.2, all amounts payable losses arising from or paid to third parties in connection with claims that are eligible for indemnification pursuant any such failure to perform obligations in the manner required by this Agreement shall be deemed direct damages. Supply Agreement Confidential - WinStar/Lucent 39 -exceeds ten thousand dollars ($10,000.00), except with respect to any payment obligations set forth in SECTION 4.