Consequential and Other Damages. Neither party shall be liable to the other with respect to this Services Agreement, whether in contract, tort (including negligence and strict liability) or otherwise, for any special, indirect, incidental or consequential damages whatsoever which in any way arise out of, relate to or are a consequence of, the performance or nonperformance by such party hereunder, including with respect to loss of profits, business interruptions or claims of customers.
Appears in 9 contracts
Samples: Transition Services Agreement, Transition Services Agreement (Safeway Stores 42, Inc.), Transition Services Agreement (Safeway Stores 42, Inc.)
Consequential and Other Damages. Neither party shall be liable to the other with respect to this Services Agreementparty, whether in contract, tort (including negligence and strict liability) ), or otherwise, for any special, indirect, incidental or consequential damages whatsoever (including, to the extent such damages may be limited by contract under applicable law, punitive damages), which in any way arise out of, relate to to, or are a consequence of, the its performance or nonperformance by such party hereunder, or the provision of or failure to provide any Service hereunder, including with respect but not limited to loss of profits, business interruptions or claims of customers.
Appears in 7 contracts
Samples: Transition Services Agreement, Merger Agreement (Seacor Holdings Inc /New/), Transition Services Agreement (Era Group Inc.)