Common use of Not Excluded Clause in Contracts

Not Excluded. Nothing in the Agreement limits or excludes a party's liability for: (i) death or personal injury caused by its negligence, (ii) fraud or fraudulent misrepresentation; (iii) any willful abandonment of the Agreement; (iv) (in the case of the Customer) payment of any fees or other amounts due to Quinyx pursuant to the Agreement; or (v) any other liability which cannot be limited or excluded by applicable law. The limitations of liability set forth in this Section 8 shall not limit Customer’s obligation to pay any fees due and owing under this Agreement.

Not Excluded. Nothing in the Agreement limits or excludes a party's liability for: (i) death or personal injury caused by its negligence, (ii) fraud or fraudulent misrepresentation; (iii) any willful abandonment of the Agreement; (iv) (in the case of the Customer) payment of any fees or other amounts due to Quinyx pursuant to the Agreement; or (v) any other liability which cannot be limited or excluded by applicable law. The limitations of liability set forth in this Section 8 shall not limit Customer’s obligation to pay any fees due and owing under this Agreement.