Consequential and Other Damages. In no event shall any Party be liable, whether in contract, in tort (including negligence and strict liability), breach of warranty or otherwise, for any special, indirect, incidental, punitive, exemplary, consequential or similar damages which in any way arise out of, relate to, or are a consequence of, its performance or nonperformance hereunder, or the provision of or failure to provide any Service hereunder.
Appears in 4 contracts
Samples: Transitional Services Agreement (First Hawaiian, Inc.), Transitional Services Agreement (First Hawaiian, Inc.), Transitional Services Agreement (First Hawaiian, Inc.)
Consequential and Other Damages. In no event No Party shall any Party be liable, whether in contract, in tort (including negligence and strict liability), breach of warranty or otherwise, for any special, indirect, incidental, punitive, exemplary, incidental or consequential or similar damages whatsoever which in any way arise out of, relate to, or are a consequence of, its performance or nonperformance hereunder, or the provision of or failure to provide any Service hereunder, including, but not limited to, loss of profits, business interruptions and claims of customers.
Appears in 4 contracts
Samples: Stock and Asset Purchase Agreement (Ingersoll Rand Co LTD), Stock and Asset Purchase Agreement (Timken Co), Transition Services Agreement (Dresser-Rand Group Inc.)
Consequential and Other Damages. In no event No Party shall any Party be liable, whether in contract, in tort (including negligence and strict liability), breach of warranty contractually or extra-contractually or otherwise, for any special, indirect, incidental, punitive, exemplary, indirect or consequential or similar damages whatsoever which in any way arise out of, relate are related to, or are a consequence of, its performance or nonperformance hereunder, or the provision of or failure to provide any Service service hereunder, including indirect loss of profits. The foregoing limitations do not apply to third- party claims that are subject to indemnification under Section 6.1 or any damages resulting from a breach by such Party of Section 4.3.
Appears in 3 contracts
Samples: Master Services Agreement, Master Services Agreement (STUDIO CITY INTERNATIONAL HOLDINGS LTD), Master Services Agreement (STUDIO CITY INTERNATIONAL HOLDINGS LTD)
Consequential and Other Damages. In no event Neither party shall any Party be liable, whether in contract, in tort (including negligence and strict liability), breach of warranty or otherwise, for any special, indirect, incidentalincidental or consequential damages whatsoever, punitiveincluding, exemplarybut not limited to, consequential loss of profits or similar damages revenue, business interruptions, costs of capital and claims of customers which in any way arise out of, relate to, or are a consequence of, its performance or nonperformance hereunder, or the provision of or failure to provide any Service hereunder. The terms of this Section shall not apply in the event of the willful misconduct of either party.
Appears in 2 contracts
Samples: Transition Services Agreement (Electronic Fab Technology Corp), Facilities Management and Transition Services Agreement (Electronic Fab Technology Corp)
Consequential and Other Damages. In Under no event shall any Party circumstances whatsoever will either party be liable, whether liable to the other in contract, in tort (including negligence and strict liability)tort, negligence, breach of warranty statutory duty, or otherwiseotherwise for (i) any (direct or indirect) loss of profits, of production, of anticipated savings, of business, or goodwill or (ii) for any specialother liability, indirectdamage, incidental, punitive, exemplary, consequential or similar damages which in any way arise out of, relate tocosts, or are a consequence ofexpense of any kind incurred by the other party of an indirect or consequential nature, its performance or nonperformance hereunder, or regardless of any notice of the provision possibility of or failure to provide any Service hereunder.these damages. Manufacturing Services Agreement
Appears in 2 contracts
Samples: Services Agreement (Evoke Pharma Inc), Services Agreement (Evoke Pharma Inc)
Consequential and Other Damages. In no event Except as otherwise set forth in Section 9.3(c), neither Party shall any Party be liable, whether in contract, in tort (including negligence and strict liability), breach of warranty or otherwise, for any special, indirect, incidental, punitive, exemplary, consequential or similar damages which in any way arise out of, relate to, or are a consequence of, its performance or nonperformance hereunder, or the provision of or failure to provide any Service hereunder.
Appears in 1 contract
Samples: Transitional Services Agreement (AXA Equitable Holdings, Inc.)
Consequential and Other Damages. In no event 6.1 No party shall any Party be liable, whether in contract, in tort (including negligence and strict liability), breach of warranty or otherwise, for any special, indirect, incidental, punitive, exemplary, consequential or similar damages punitive damages, which in any way arise out of, relate to, or are a consequence of, its performance or nonperformance hereunder, or or, the provision of of, or failure to provide provide, any Service of the Services hereunder, including but not limited to loss of profits, business interruptions and claims of customers or employees.
Appears in 1 contract
Samples: Separation Agreement (OneBeacon Insurance Group, Ltd.)
Consequential and Other Damages. In no event Except as provided in Section 7, neither party shall any Party be liableliable to the other party, whether in contract, in tort (including negligence and strict liability), breach of warranty or otherwise, for any special, indirect, incidentalincidental or consequential damages whatsoever (including loss of profits), punitive, exemplary, consequential or similar damages which in any way arise out of, relate to, or are a consequence of, its performance or nonperformance hereunder, or the provision of or failure to provide any Service hereunder.
Appears in 1 contract
Samples: Limited Liability Company Agreement (SEACOR Marine Holdings Inc.)
Consequential and Other Damages. In no event Neither party shall any Party be liableliable to the other party, whether in contract, in tort (including negligence and strict liability), breach of warranty or otherwise, for any special, indirect, incidentalincidental or consequential damages whatsoever (including, punitiveto the extent such damages may be limited by contract under applicable law, exemplarypunitive damages), consequential or similar damages which in any way arise out of, relate to, or are a consequence of, its performance or nonperformance hereunder, or the provision of or failure to provide any Service hereunder., including but not limited to loss of profits. 6.2
Appears in 1 contract
Consequential and Other Damages. In Under no event shall any Party circumstances whatsoever will either party be liable, whether liable to the other in contract, in tort (including negligence and strict liability)tort, negligence, breach of warranty statutory duty, or otherwiseotherwise for (i) any (direct or indirect) loss of profits, of production, of anticipated savings, of business, or goodwill or (ii) for any specialother liability, indirectdamage, incidental, punitive, exemplary, consequential or similar damages which in any way arise out of, relate tocosts, or are a consequence ofexpense of any kind incurred by the other party of an indirect or consequential nature, its performance or nonperformance hereunder, or regardless of any notice of the provision possibility of or failure to provide any Service hereunderthese damages.
Appears in 1 contract