Common use of Acknowledged Direct Damages Clause in Contracts

Acknowledged Direct Damages. (a) For the avoidance of doubt, the following shall be considered direct damages and neither Party shall assert that they 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 or reloading any lost, stolen, or damaged DIR Data. (ii) Costs and expenses of implementing a work-around in respect of a failure to provide the Services or any part thereof. (iii) Costs and expenses of replacing lost, stolen, or damaged Equipment and Materials. (iv) Cover damages, including the costs and expenses incurred to procure the Services or corrected Services from an alternate source. (v) Costs and expenses incurred to bring the Services in-house or to contract to obtain the Services from an alternate source. (vi) Straight time, overtime or related expenses incurred by either Party in performing (1) through (5) above, including overhead allocations for employees, wages, and salaries of additional employees, travel expenses, overtime expenses, telecommunication charges, and similar charges. (vii) Subject to Section 8.11 Compliance with Laws, fines, penalties, sanctions, interest or other monetary remedies incurred as a result of a failure to comply with applicable Laws. (viii) Service Level Credits or Deliverable Credits assessed against Successful Respondent. (ix) `Costs and expenses of protecting and compensating the State and its constituents after a Security Incident, including but not limited to notifications, fines and penalties, establishing a call center, and thirty-six (36) months of credit monitoring for effected individuals. (b) The absence of direct damages listed in this Section shall not be construed or interpreted as an agreement to exclude it as a direct damage under this Agreement.

Acknowledged Direct Damages. (a) For the avoidance of doubt, the following shall be considered direct damages and neither Party shall assert that they 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 or reloading any lost, stolen, or damaged DIR Data. (ii) Costs and expenses of implementing a work-around in respect of a failure to provide the Services or any part thereof. (iii) Costs and expenses of replacing lost, stolen, or damaged Equipment and Materials. (iv) Cover damages, including the costs and expenses incurred to procure the Services or corrected Services from an alternate source. (v) Costs and expenses incurred to bring the Services in-house or to contract to obtain the Services from an alternate source. (vi) Straight time, overtime or related expenses incurred by either Party in performing (1) through (5) above, including overhead allocations for employees, wages, and salaries of additional employees, travel expenses, overtime expenses, telecommunication charges, and similar charges. (vii) Subject to Section 8.11 Compliance with Laws, fines, penalties, sanctions, interest or other monetary remedies incurred as a result of a failure to comply with applicable Laws. (viii) Service Level Credits or Deliverable Credits assessed against Successful Respondent. (ix) `Costs and expenses of protecting and compensating the State and its constituents after a Security Incident, including but not limited to notifications, fines and penalties, establishing a call center, and thirty-six (36) months of credit monitoring for effected individuals. (b) The absence of direct damages listed in this Section shall not be construed or interpreted as an agreement to exclude it as a direct damage under this Agreement.

Acknowledged Direct Damages. (a) For the avoidance of doubt, the following shall be considered direct damages and neither Party shall assert that they 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 or reloading any lost, stolen, or damaged DIR Data. (ii) Costs and expenses of implementing a work-around in respect of a failure to provide the Services or any part thereof. (iii) Costs and expenses of replacing lost, stolen, or damaged Equipment and Materials. (iv) Cover damages, including the costs and expenses incurred to procure the Services or corrected Services from an alternate source. (v) Costs and expenses incurred to bring the Services in-house or to contract to obtain the Services from an alternate source. (vi) Straight time, overtime or related expenses incurred by either Party in performing (1) through (5) above, including overhead allocations for employees, wages, and salaries of additional employees, travel expenses, overtime expenses, telecommunication charges, and similar charges. (vii) Subject to Section 8.11 Compliance with Laws, fines, penalties, sanctions, interest or other monetary remedies incurred as a result of a failure to comply with applicable Laws. (viii) Service Level Credits or Deliverable Credits assessed against Successful Respondent. (ix) `Costs and expenses of protecting and compensating the State and its constituents after a Security Incident, including but not limited pursuant to notifications, fines and penalties, establishing a call center, and thirtySection 6.3(h)(ii)(1-six (364) months of credit monitoring for effected individualsabove. (b) The absence of direct damages listed in this Section 11.3.5 shall not be construed or interpreted as an agreement to exclude it as a direct damage under this Agreement.