LIMITATIONS OF REMEDIES AND DAMAGES. MSU shall be in default of this Agreement if it fails to perform any obligation of it under this Agreement, and upon such default, User Group may terminate this Agreement by written notice. THE SOLE AND EXCLUSIVE REMEDIES FOR BREACH BY MSU OF ITS OBLIGATIONS UNDER THIS AGREEMENT AND THE SOLE REMEDIES FOR MSU’S LIABILITY OF ANY KIND WITH RESPECT TO THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT, THE USE OF THE LICENSED FACILITIES AND ALL OTHER PERFORMANCE BY MSU RELATED TO THIS AGREEMENT SHALL BE THE REMEDIES SET FORTH IN THIS SECTION. IN NO EVENT SHALL MSU’S LIABILITY OF ANY KIND INCLUDE ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES, EVEN IF MSU SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE.
Appears in 2 contracts
Sources: Facility Use Agreement, Facility Use Agreement