Common use of Limits and Exclusions of Liability Clause in Contracts

Limits and Exclusions of Liability. 9.1 TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER PARTY SHALL BE LIABLE FOR (I) ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR (II) ANY LOSS OF REVENUE, PROFITS, BUSINESS, GOODWILL, ANTICIPATED SAVINGS, DATA OR DATA USE. TO THE FULLEST EXTENT PERMITTED BY LAW, ORACLE AND ORACLE’S AFFILIATES MAXIMUM LIABILITY FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THE AGREEMENT OR CLIENT’S ORDER OR SOW, WHETHER IN CONTRACT, TORT, (INCLUDING FOR NEGLIGENCE OR BREACH OF STATUTORY DUTY), MISREPRESENTATION (WHETHER INNOCENT OR NEGLIGENT) OR OTHERWISE, AND WHETHER OR NOT ORACLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES AND/OR DAMAGES, SHALL BE LIMITED TO THE AMOUNT OF THE FEES CLIENT PAID OR PAYABLE FOR THE DEFICIENT SERVICES UNDER THE ORDER OR SOW GIVING RISE TO THE LIABILITY DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE UPON WHICH THE CAUSE OF ACTION FIRST AROSE. IN NO EVENT SHALL ORACLE’S OR ORACLE AFFILIATES LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL FEES PAID UNDER YOUR ORDER OR SOW. NEITHER PARTY SHALL EXCLUDE OR LIMIT ITS LIABILITY TO THE OTHER FOR: (A) DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENT ACT OR OMISSION, CONTRACTUAL BREACH OR DEFAULT; OR (B) FOR FRAUD OR FRAUDULENT MISREPRESENTATION. NOTHING IN THIS AGREEMENT SHALL PREVENT OR PREJUDICE EITHER PARTY FROM RELYING UPON THEIR EQUITABLE REMEDIES INCLUDING INJUNCTIVE RELIEF AND SPECIFIC PERFORMANCE

Limits and Exclusions of Liability. 9.1 TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER PARTY SHALL BE LIABLE FOR (I) ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR (II) ANY LOSS OF REVENUE, PROFITS, BUSINESS, GOODWILL, ANTICIPATED SAVINGS, DATA OR DATA USE. TO THE FULLEST EXTENT PERMITTED BY LAW, ORACLE AND ORACLE’S AFFILIATES MAXIMUM LIABILITY FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THE AGREEMENT OR CLIENT’S ORDER OR SOW, WHETHER IN CONTRACT, TORT, (INCLUDING FOR NEGLIGENCE OR BREACH OF STATUTORY DUTY), MISREPRESENTATION (WHETHER INNOCENT OR NEGLIGENT) OR OTHERWISE, AND WHETHER OR NOT ORACLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES AND/OR DAMAGES, SHALL BE LIMITED TO THE AMOUNT OF THE FEES CLIENT PAID OR PAYABLE FOR THE DEFICIENT SERVICES UNDER THE ORDER OR SOW GIVING RISE TO THE LIABILITY DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE UPON WHICH THE CAUSE OF ACTION FIRST AROSE. IN NO EVENT SHALL ORACLE’S OR ORACLE AFFILIATES LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL FEES PAID UNDER YOUR ORDER OR SOW. NEITHER PARTY SHALL EXCLUDE OR LIMIT ITS LIABILITY TO THE OTHER FOR: (A) DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENT ACT OR OMISSION, CONTRACTUAL BREACH OR DEFAULT; OR (B) FOR FRAUD OR FRAUDULENT MISREPRESENTATION. . 9.2 NOTHING IN THIS AGREEMENT SHALL PREVENT OR PREJUDICE EITHER PARTY FROM RELYING UPON THEIR EQUITABLE REMEDIES INCLUDING INJUNCTIVE RELIEF AND SPECIFIC PERFORMANCETHEIR