Common use of Acknowledged Direct Damages Clause in Contracts

Acknowledged Direct Damages. For the avoidance of doubt, the following shall be considered direct damages and neither Party shall assert that the following are indirect, incidental, collateral, consequential or special damages or lost profits to the extent they result directly from the breaching Party’s failure to perform in accordance with this Agreement: (i) Costs and expenses of restoring, reloading, or notifying of any lost, stolen or damaged Customer Data. (ii) Costs and expenses of implementing a work around in respect of a failure to provide the Services or any part thereof. (iii) Cover damages, including the costs and expenses incurred to procure the Services or corrected Services from an alternate source in excess of the Charges that would have been paid Contractor for such Services. (iv) Fines, penalties, sanctions, interest or other monetary remedies incurred as a result of a failure to comply with applicable Laws. (v) Service Level Reimbursements assessed against Contractor. (vi) Lost discounts, late fees and/or interest charges incurred by AOC resulting from Contractor’s breach of its obligations. The absence of direct damages listed in this Section 16.3(c) shall not be construed or interpreted as an agreement to exclude it as a direct damage under this Agreement.

Appears in 3 contracts

Samples: Master Services Agreement, Master Services Agreement, Master Services Agreement

AutoNDA by SimpleDocs

Acknowledged Direct Damages. For the avoidance of doubt, the following shall be considered direct damages and neither Party shall assert that the following are indirect, incidental, collateral, consequential or special damages or lost profits to the extent they result directly from the breaching Party’s failure to perform in accordance with this Agreement: (i) Costs and expenses of restoring, reloading, or notifying of any lost, stolen or damaged Customer e-Filing Data. (ii) Costs and expenses of implementing a work around in respect of a failure to provide the Services or any part thereof. (iii) Cover damages, including the costs and expenses incurred to procure the Services or corrected Services from an alternate source in excess of the Charges that would have been paid Contractor for such Services. (iv) Fines, penalties, sanctions, interest or other monetary remedies incurred as a result of a failure to comply with applicable Laws. (v) Service Level Reimbursements or Deliverable Fees assessed against Contractor. (vi) Lost discounts, late fees and/or interest charges incurred by AOC OCA resulting from Contractor’s breach of its obligations. The absence of direct damages listed in this Section 16.3(c17.3(d) shall not be construed or interpreted as an agreement to exclude it as a direct damage under this Agreement.

Appears in 2 contracts

Samples: Master Services Agreement, Master Services Agreement

Acknowledged Direct Damages. For the avoidance of doubt, the following shall be considered direct damages and neither Party shall assert that the following are indirect, incidental, collateral, consequential or special damages or lost profits to the extent they result directly from the breaching Party’s failure to perform in accordance with this Agreement: (i) Costs and expenses of restoring, reloading, or notifying of any lost, stolen or damaged Customer Data. (ii) Costs and expenses of implementing a work around in respect of a failure to provide the Services or any part thereof. (iii) Cover damages, including the costs and expenses incurred to procure the Services or corrected Services from an alternate source in excess of the Charges that would have been paid Contractor for such Services. (iv) Fines, penalties, sanctions, interest or other monetary remedies incurred as a result of a failure to comply with applicable Laws. (v) Service Level Reimbursements assessed against Contractor. (vi) Lost discounts, late fees and/or interest charges incurred by AOC OCA resulting from Contractor’s breach of its obligations. OCA Contract No. 212210180 The absence of direct damages listed in this Section 16.3(c17.3(c) shall not be construed or interpreted as an agreement to exclude it as a direct damage under this Agreement.

Appears in 1 contract

Samples: Master Services Agreement

Acknowledged Direct Damages. For the avoidance of doubt, the following shall be considered direct damages and neither Party shall assert that the following are indirect, incidental, collateral, consequential or special damages or lost profits to the extent they result directly from the breaching Party’s failure to perform in accordance with this Agreement: (i) Costs and expenses of restoring, reloading, or notifying of any lost, stolen or damaged Customer Data. (ii) Costs and expenses of implementing a work around in respect of a failure to provide the Services or any part thereof. (iii) Cover damages, including the costs and expenses incurred to procure the Services or corrected Services from an alternate source in excess of the Charges that would have been paid Contractor for such Services. (iv) Fines, penalties, sanctions, interest or other monetary remedies incurred as a result of a failure to comply with applicable Laws. (v) Service Level Reimbursements assessed against Contractor. (vi) Lost discounts, late fees and/or interest charges incurred by AOC OCA resulting from Contractor’s breach of its obligations. The absence of direct damages listed in this Section 16.3(c17.3(c) shall not be construed or interpreted as an agreement to exclude it as a direct damage under this Agreement.

Appears in 1 contract

Samples: Master Services Agreement

AutoNDA by SimpleDocs

Acknowledged Direct Damages. For the avoidance of doubt, the following shall be considered direct damages and neither Party shall assert that the following are indirect, incidental, collateral, consequential or special damages or lost profits to the extent they result directly from the breaching Party’s failure to perform in accordance with this Agreement:Agreement:‌ (i) Costs and expenses of restoring, reloading, or notifying of any lost, stolen or damaged Customer Data. (ii) Costs and expenses of implementing a work around in respect of a failure to provide the Services or any part thereof. (iii) Cover damages, including the costs and expenses incurred to procure the Services or corrected Services from an alternate source in excess of the Charges that would have been paid Contractor for such Services. (iv) Fines, penalties, sanctions, interest or other monetary remedies incurred as a result of a failure to comply with applicable Laws. (v) Service Level Reimbursements assessed against Contractor. (vi) Lost discounts, late fees and/or interest charges incurred by AOC resulting from Contractor’s breach of its obligations. The absence of direct damages listed in this Section 16.3(c) shall not be construed or interpreted as an agreement to exclude it as a direct damage under this Agreement.

Appears in 1 contract

Samples: Master Services Agreement

Acknowledged Direct Damages. For the avoidance of doubt, the following shall be considered direct damages and neither Party shall assert that the following are indirect, incidental, collateral, consequential or special damages or lost profits to the extent they result directly from the breaching Party’s failure to perform in accordance with this Agreement:: OCA Contract No. 212210180 (i) Costs and expenses of restoring, reloading, or notifying of any lost, stolen or damaged Customer Data. (ii) Costs and expenses of implementing a work around in respect of a failure to provide the Services or any part thereof. (iii) Cover damages, including the costs and expenses incurred to procure the Services or corrected Services from an alternate source in excess of the Charges that would have been paid Contractor for such Services. (iv) Fines, penalties, sanctions, interest or other monetary remedies incurred as a result of a failure to comply with applicable Laws. (v) Service Level Reimbursements assessed against Contractor. (vi) Lost discounts, late fees and/or interest charges incurred by AOC OCA resulting from Contractor’s breach of its obligations. The absence of direct damages listed in this Section 16.3(c17.3(c) shall not be construed or interpreted as an agreement to exclude it as a direct damage under this Agreement.

Appears in 1 contract

Samples: Master Services Agreement

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!