Common use of Limitation of Damages Clause in Contracts

Limitation of Damages. Neither Party nor its affiliates shall have any liability for any special, incidental, or consequential damages, including, but not limited to the loss of opportunity, revenue or profit, in connection with or arising out of this Agreement, even if it shall have been advised of the possibility of such damages.

Appears in 3 contracts

Samples: Supply Agreement (Molecular Insight Pharmaceuticals, Inc.), Supply Agreement (Molecular Insight Pharmaceuticals, Inc.), Territory License Agreement (Molecular Insight Pharmaceuticals, Inc.)

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Limitation of Damages. Neither Party nor its affiliates party shall have any liability be liable to the other for any special, incidental, exemplary or consequential damagesdamages arising from or as a result of any delay, including, but not limited omission or error in the electronic transmission or receipt of any Documents pursuant to the loss of opportunity, revenue or profit, in connection with or arising out of this Agreement, even if it shall have the party has been advised of the possibility of such damages.

Appears in 3 contracts

Samples: Trading Partner Agreement, Trading Partner Agreement, Trading Partner and Business Associate Agreement

Limitation of Damages. Neither Party nor its affiliates shall have any liability be liable to the other for any special, incidental, exemplary or consequential damagesdamages arising from or as a result of this Agreement, including, but not limited to, any delay, omission or error in the electronic transmission or receipt of any Documents pursuant to the loss of opportunity, revenue or profit, in connection with or arising out of this Agreement, even if it shall have either Party has been advised of the possibility of such damages.

Appears in 3 contracts

Samples: Electronic Data Interchange Agreement, Electronic Data Interchange Agreement, Electronic Data Interchange Agreement

Limitation of Damages. Neither Party nor its affiliates shall have any liability be liable to the other Party for any specialconsequential, incidental, special or consequential damages, including, but not limited to the loss of opportunity, revenue or profit, in connection with or punitive damages for any claims arising out of under this Agreement, even if it shall have been advised of the possibility of such damages.

Appears in 3 contracts

Samples: Loan Purchase and Sale Agreement, Loan Purchase and Sale Agreement (HF Foods Group Inc.), Loan Purchase and Sale Agreement (Resource Real Estate Opportunity REIT, Inc.)

Limitation of Damages. Neither Party nor its affiliates party shall have any liability be liable to the other party under this Agreement for any specialdirect, indirect, lost profits, consequential, exemplary, incidental, or consequential punitive damages, includingregardless of the form of action, but not limited to the loss whether in contract or in tort, including negligence, regardless of opportunity, revenue or profit, in connection with or arising out of this Agreement, even if it shall have whether such party has been advised of the possibility of such damagesdamages in advance or whether such damages are reasonably foreseeable.

Appears in 3 contracts

Samples: Standard Purchase Order Terms and Conditions, Standard Purchase Order Terms and Conditions, Purchase Order Terms and Conditions

Limitation of Damages. Neither Party nor its affiliates party shall have any liability be liable to the other for any special, incidental, exemplary or consequential damagesdamages arising from or as a result of any delay, includingomission or error in the electronic transmission or receipt of any Documents, but not limited to the loss of opportunity, revenue or profit, in connection with or arising out of this Agreementfrom goods, delivered pursuant to any Transaction or any defects therein, even if it shall have either party has been advised of the possibility of such damages.

Appears in 2 contracts

Samples: cdn-jlg.scdn5.secure.raxcdn.com, osn.oshkoshcorp.com

Limitation of Damages. Neither Party nor its affiliates party shall have any liability be liable to the other for any special, incidental, exemplary, or consequential damagesdamages arising from or as a result of any delay, includingomission, but not limited or error in the electronic transmission or receipt of any Documents pursuant to the loss of opportunity, revenue or profit, in connection with or arising out of this Agreement, even if it shall have either party has been advised of the possibility of such damages.

Appears in 2 contracts

Samples: Electronic Data Interchange Trading Partner Agreement, Electronic Data Interchange Trading Partner Agreement

Limitation of Damages. Neither Party nor its affiliates party shall have any liability be liable to the other for any special, incidental, exemplary or consequential damagesdamages arising from or as a result of any delay, including, but not limited omission or error in the electronic transmission or receipt of electronic data pursuant to the loss of opportunity, revenue or profit, in connection with or arising out of this Agreement, even if it shall have either party has been advised of the possibility of such damages.

Appears in 2 contracts

Samples: Electronic Data Interchange Trading Partner Agreement, Electronic Data Interchange Trading Partner Agreement

Limitation of Damages. Neither Party nor its affiliates party shall have any liability be liable to the other for any special, incidental, exemplary or consequential damagesdamages arising from or as a result of any delay, including, but not limited omission or error in the electronic transmission or receipt of any Documents pursuant to the loss of opportunity, revenue or profit, in connection with or arising out of this Agreement, even if it shall have either party has been advised of the possibility of such damages.

Appears in 2 contracts

Samples: Electronic Data Interchange Trading Partner Agreement, Electronic Data Interchange Agreement

Limitation of Damages. Neither Party nor its affiliates shall have any liability for any special, incidental, or consequential damages, including, but not limited Notwithstanding anything herein to the loss of opportunitycontrary, revenue or profit, in connection with or neither partyshall be liable under this Agreement for punitive damages arising out of the breach or non-performance of this Agreement, even if it shall have been advised of the possibility of such damages.

Appears in 1 contract

Samples: Lease Agreement (Global Earth Energy, Inc.)

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Limitation of Damages. Neither Party nor its affiliates party shall have any liability be liable to the other for any special, incidental, exemplary or consequential damagesdamages arising from or as a result of any delay, including, but not limited omission or error in the electronic transmission or receipt of any documents pursuant to the loss of opportunity, revenue or profit, in connection with or arising out of this Agreement, even if it shall have either party has been advised of the possibility of such damages.

Appears in 1 contract

Samples: www.boeingsuppliers.com

Limitation of Damages. (1) Neither Party nor its affiliates party shall have any liability be liable to the other for any special, incidental, exemplary or consequential damagesdamages arising from or as a result of any delay, including, but not limited omission or error in the electronic transmission or receipt of any Documents pursuant to the loss of opportunity, revenue or profit, in connection with or arising out of this Electronic Contracting Agreement, even if it shall have either party has been advised of the possibility of such damages.

Appears in 1 contract

Samples: hostedtariffs.com

Limitation of Damages. Neither Party nor its affiliates Notwithstanding anything in this Agreement to the contrary, neither party shall have any liability be liable to the other for any specialpunitive, incidental, consequential or consequential damagesother special damages of any nature, including, but not limited to the loss all of opportunity, revenue or profit, in connection with or arising out of this Agreement, even if it shall have been advised of the possibility of such damageswhich are waived by each party.

Appears in 1 contract

Samples: Manufacturing and Purchasing Agreement (Vita Coco Company, Inc.)

Limitation of Damages. Neither Party nor its affiliates shall have any liability be liable to the other for any special, incidental, exemplary or consequential damagesdamages arising from or as a result of any delay, includingomission, but not limited to the loss of opportunity, revenue or profit, error in connection with or arising out of any electronic communication under this Agreement, even if it shall have either Party has been advised of the possibility of such damages. This section does not limit any damages resulting from a breach of Section 3 (Encryption; Security Procedures; Authentication) and does not apply to damages resulting from a breach of an obligation of a Party that is outside of the scope of this Agreement.

Appears in 1 contract

Samples: Electronic Communications Agreement

Limitation of Damages. Neither Party nor its affiliates party shall have any liability be liable for any specialindirect, incidental, special, punitive, or consequential damages, including, but not limited damages relating to this Agreement except to the loss extent arising from such party’s gross negligence, willful misconduct, or breach of opportunity, revenue or profit, in connection with or arising out of this Agreement, even if it shall have been advised of the possibility of such damagesSection 7.

Appears in 1 contract

Samples: Trial Data License and Mutual Non Disclosure Agreement

Limitation of Damages. Neither Party nor its affiliates shall have any liability be liable for any prospective profits or special, incidentalpunitive, indirect or consequential damageslosses or damages of any kind arising out of or in any way connected with the performance of or failure to perform this Agreement, including, but not limited to the loss losses or damages resulting from shutdown of opportunity, revenue plants or profit, inability to perform sales or any other contracts arising out of or in connection with the performance or arising out non-performance of this Agreement, even if it shall have been advised of the possibility of such damages.

Appears in 1 contract

Samples: Service Agreement (Rio Vista Energy Partners Lp)

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