Master Alliance Provisions Guide (MAPGuide)

License and Collaboration Agreement between Merck and Bioprotection Systems Corp. (wholly owned subsidiary of NewLink Genetic Corporation)

  • Liability | Limitation of liability/damage

9.2. Limitation of Liability. Neither party shall be liable to the other for any special, consequential, incidental, punitive, or indirect damages (including lost profits or lost revenues) arising from or relating to this agreement (including breach of this agreement) or the exercise of its rights hereunder, regardless of any notice of the possibility of such damages. Notwithstanding the foregoing, nothing in this Section 9.2 is intended to or shall limit or restrict (1) the indemnification rights or obligations of any party under Section 9.1.1, 9.1.2 or 2.9.4 in connection with any third party claims, or (2) damages available for a party’s breach of its confidentiality obligations under Article 4.