Common use of Acknowledged Direct Damages Clause in Contracts

Acknowledged Direct Damages. The following shall be considered direct damages and neither Party shall assert otherwise to the extent they result directly from either Party’s failure to perform in accordance with this Agreement: 20.5.1. Costs and expenses of recreating or reloading any lost, stolen or damaged [**] Data; 20.5.2. Costs and expenses of implementing a work-around in respect of a failure to provide the Services or any part thereof; 20.5.3. Costs and expenses of replacing lost, stolen or damaged Equipment, Software and Materials; 20.5.4. Cover damages, including the costs and expenses incurred to procure the Services or corrected Services from an alternate source, to the extent in excess of Subcontractor’s fees under this Agreement; 20.5.5. Straight time, overtime or related expenses incurred by [**] or Amdocs, including overhead allocations for employees, wages and salaries of additional employees, travel expenses, overtime expenses, telecommunication charges and similar charges for cover, due to failure of Subcontractor to provide all or a portion of the Services incurred in connection with clauses (i) through (iv) above or otherwise perform in accordance with this Agreement; 20.5.6. Straight time, overtime or related expenses incurred by Subcontractor in accordance with this Agreement, including overhead allocations for employees, wages and salaries of additional employees, travel expenses, overtime expenses, telecommunication charges and similar charges for cover, due to Amdocs’s failure to perform an obligation under this Agreement; 20.5.7. 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; 20.5.8. Payments, fines, penalties, sanctions, or interest imposed by a governmental body or regulatory agency for failure to comply with requirements or deadlines; and 20.5.9. Service level credits or other credits or liquidated damages assessed against Subcontractor.

Acknowledged Direct Damages. The following shall be considered direct damages and neither Party shall assert otherwise to the extent they result directly from either Party’s failure to perform in accordance with this Agreement: 20.5.1. Costs and expenses of recreating or reloading any lost, stolen or damaged [**] AT&T Data; 20.5.2. Costs and expenses of implementing a work-around in respect of a failure to provide the Services or any part thereof; 20.5.3. Costs and expenses of replacing lost, stolen or damaged Equipment, Software and Materials; 20.5.4. Cover damages, including the costs and expenses incurred to procure the Services or corrected Services from an alternate source, to the extent in excess of Subcontractor’s fees under this Agreement; 20.5.5. Straight time, overtime or related expenses incurred by [**] AT&T or Amdocs, including overhead allocations for employees, wages and salaries of additional employees, travel expenses, overtime expenses, telecommunication charges and similar charges for cover, due to failure of Subcontractor to provide all or a portion of the Services incurred in connection with clauses (i) through (iv) above or otherwise perform in accordance with this Agreement; 20.5.6. Straight time, overtime or related expenses incurred by Subcontractor in accordance with this Agreement, including overhead allocations for employees, wages and salaries of additional employees, travel expenses, overtime expenses, telecommunication charges and similar charges for cover, due to Amdocs’s failure to perform an obligation under this Agreement; 20.5.7. 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; 20.5.8. Payments, fines, penalties, sanctions, or interest imposed by a governmental body or regulatory agency for failure to comply with requirements or deadlines; and 20.5.9. Service level credits or other credits or liquidated damages assessed against Subcontractor.

Acknowledged Direct Damages. The following shall be considered direct damages and neither Party shall assert otherwise that they are indirect, incidental, collateral, consequential or special damages or lost profits to the extent they result directly from either Party’s failure to perform in accordance with this Agreement: 20.5.1. (i) Costs and expenses of recreating or reloading any lost, stolen or damaged [**] Hercules Data;. 20.5.2. (ii) Costs and expenses of implementing a work-around in respect of a failure to provide the Services or any part thereof;. THIS EXHIBIT HAS BEEN REDACTED AND IS THE SUBJECT OF A CONFIDENTIAL TREATMENT REQUEST. REDACTED MATERIAL IS MARKED WITH [******] AND HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. 20.5.3. (iii) Costs and expenses of replacing lost, stolen or damaged Equipment, Software Software, and Materials;. 20.5.4. (iv) Cover damages, including the costs and expenses incurred to procure the Services or corrected Services from an alternate source, to the extent in excess of SubcontractorSupplier’s fees Charges under this Agreement;. 20.5.5. (v) Straight time, overtime or related expenses incurred by [**] or Amdocseither Party, including overhead allocations for employees, wages and salaries of additional employees, travel expenses, overtime expenses, telecommunication charges and similar charges for cover, due to failure of Subcontractor to provide all or a portion of the Services incurred in connection with clauses charges. (ivi) through (iv) above or otherwise perform in accordance with this Agreement; 20.5.6. Straight time, overtime or related expenses incurred by Subcontractor in accordance with this Agreement, including overhead allocations for employees, wages and salaries of additional employees, travel expenses, overtime expenses, telecommunication charges and similar charges for cover, due to Amdocs’s failure to perform an obligation under this Agreement; 20.5.7. 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;. 20.5.8. (vii) Damages of a Hercules Affiliate or an Eligible Recipient which would be direct damages if they had instead been suffered by Hercules (including being so considered under this Section 18.3(f)). (viii) Payments, fines, penalties, interest, sanctions, or interest other remedies imposed by a governmental body or regulatory agency or required by an applicable Law for failure to comply with legal requirements or deadlines; and. 20.5.9. Service level credits (ix) Damages, fines, penalties, interest or other credits monetary remedies awarded to non-government claimants by a court or liquidated damages assessed against Subcontractorin final settlement of a claim for failure to comply with applicable Laws. .