Master Alliance Provisions Guide (MAPGuide)

PATH – Aridis, Rotavirus Vaccine Development Agreement

  • Liability | Indemnification & liability

<p><span style=”textdecoration: underline;”><strong>9. Limitations on Liabilitystrong>span>p>
<p><strong>9.1 Aridis Obligations.strongAridis shall be liable for its actions in accordance with the terms of this Agreement for (ithe performance of the Project Plan by Aridis; (iithe acts of Aridis in connection with this Agreement; and (iiithe breach (by act or omission) of any of Aridisobligations, representations or warranties under this Agreement; except only to the extent such actions were caused by the gross negligence or willful misconduct of PVSAridis shall not be liable under a claim of product liability for any product developed, used or sold incorporating the formulation data or information or other deliverable hereunder or <a href=”#kt“>Background Intellectual Propertya> rights or <a href=”#kt“>Project Intellectual Propertya> rights delivered to PVS under this Agreement.p>
<p><strong>9.2 Limitation of Liability.strongIn no event shall either party be liable to the other party for any indirectincidental, exemplary, punitive, special or consequential damages (including loss of profit) of any kind whatsoever arising from this agreement or an act or omission by either party, whether based on breach of contract, breach of warranty, tort or any other legal theory.p>