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EYE » Topics » DAMAGES

This excerpt taken from the EYE 8-K filed Jul 3, 2007.

DAMAGES

28.01 Direct Damages.

Subject to Section 28.03 below, regardless of the basis of any claim (whether an action in contract or tort), each of the Parties shall be liable to the other, for any direct damages arising out of or relating to its performance or failure to perform under this Agreement in an aggregate amount not to exceed ***.

28.02 Consequential Damages.

Subject to Section 28.03 below, neither Party shall be liable for, nor will the measure of damages include, any indirect, incidental, punitive, special exemplary, or consequential damages arising out of or relating to its performance or failure to perform under this Agreement, whether in an action in contract or tort and even if such Party has been advised of the possibility of such damages.

28.03 Limitation on Liability.

 

  (1) In connection with *** the limitations set forth in Section 28.01 shall not apply.

 

  (2) IBM’s total aggregate limitation of liability together under this Article 28 shall not in total exceed ***. AMO’s total aggregate limitation of liability together under this Article 28 shall not in total exceed *** plus the amount of any unpaid Charges owed to IBM by AMO hereunder.

"DAMAGES" elsewhere:

ABIOMED (ABMD)
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