Common use of Consequential and Other Damages Clause in Contracts

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.

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.

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.

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.

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.