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 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, including the costs and expenses associated with the retention of external consultants and legal counsel to assist with any re-sourcing. (vi) Straight time, overtime or related expenses incurred by either Party in performing (i) through (v) 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 15.11, 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 Service Provider. (ix) Lost discounts, late fees and/or interest charges incurred by DIR and the DIR Customers resulting from Service Provider's breach of its obligations under Section 11.2. The absence of direct damages listed in this Section 18.3(f) shall not be construed or interpreted as an agreement to exclude it as a direct damage under this Agreement.

Acknowledged Direct Damages. 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, including the costs and expenses associated with the retention of external consultants and legal counsel to assist with any re-sourcing. (vi) Straight time, overtime or related expenses incurred by either Party in performing (i) through (v) 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 15.11, 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 Service Provider. (ix) Lost discounts, late fees and/or interest charges incurred by DIR and the DIR Customers resulting from Service Provider's breach of its obligations under Section 11.2. The absence of direct damages listed in this Section 18.3(f) shall not be construed or interpreted as an agreement to exclude it as a direct damage under this Agreement.

Acknowledged Direct Damages. 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, including the costs and expenses associated with the retention of external consultants and legal counsel to assist with any re-sourcing. (vi) Straight time, overtime or related expenses incurred by either Party in performing (i) through (v) 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 15.11, 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 Service Provider. (ix) Lost discounts, late fees and/or interest charges incurred by DIR and the DIR Customers resulting from Service Provider's breach of its obligations under Section 11.2. The absence of direct damages listed in this Section 18.3(f) shall not be construed or interpreted as an agreement to exclude it as a direct damage under this Agreement.

Acknowledged Direct Damages. 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, including the costs and expenses associated with the retention of external consultants and legal counsel to assist with any re-sourcing. (vi) Straight time, overtime or related expenses incurred by either Party in performing (i) through (v) 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 15.11, 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 Service ProviderSuccessful Respondent. (ix) Lost discounts, late fees and/or interest charges incurred by DIR and the DIR Customers resulting from Service ProviderSuccessful Respondent's breach of its obligations under Section 11.2. The absence of direct damages listed in this Section 18.3(f) shall not be construed or interpreted as an agreement to exclude it as a direct damage under this Agreement.