Common use of Limitation of District Liability Clause in Contracts

Limitation of District Liability. Except to the extent finally determined to have resulted from the negligence, fraud or willful misconduct of District, and without limiting the District’s defenses permitted under the law, District’s liability to pay damages for any damages, losses and claims incurred by Advisor, regardless of the theory of liability asserted, is limited to no more than an amount equal to the total amount of insurance required fees paid to Advisor under this Agreement.

Limitation of District Liability. Except to the extent finally determined to have resulted from the gross negligence, fraud or willful misconduct of District, and without limiting the District’s defenses permitted under the law, District’s liability to pay damages for any damages, losses and claims incurred by Advisor, regardless of the theory of liability asserted, is limited to no more than an amount equal to the total amount of insurance required fees to be paid to Advisor under this Agreement. In addition, District will not be liable in any event for lost profits, revenue or goodwill, or any other consequential, indirect, incidental, punitive, exemplary or special damages.