Common use of Consequential and Other Damages Clause in Contracts

Consequential and Other Damages. Neither party shall be liable to the other party, 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, its performance or nonperformance hereunder, or the provision of or failure to provide any Service hereunder, including but not limited to loss of profits.

Appears in 2 contracts

Samples: Transition Services Agreement (Era Group Inc.), Satellite Services Agreement (Verint Systems Inc)

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Consequential and Other Damages. Neither party Party shall be liable to the other party, whether in Party under any contract, tort negligence, strict liability or other theory for any indirect, incidental, consequential, punitive or other special damages (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, its performance or nonperformance hereunder, or without limitation lost profits) asserted by the provision of or failure to provide any Service hereunder, including but not limited to loss of profitsother Party.

Appears in 2 contracts

Samples: Distribution Agreement (Audiovox Corp), Agreement for Purchase (Audiovox Corp)

Consequential and Other Damages. Neither party shall In no event will a Party be liable to the other party, whether in under any contract, tort negligence, strict liability or other theory for any indirect, incidental, consequential, punitive or other special damages (including negligence and strict liabilitywithout limitation lost profits), 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, its performance or nonperformance hereunder, or the provision of or failure to provide any Service hereunder, including but not limited to loss of profits.

Appears in 1 contract

Samples: Share Sale and Purchase Agreement (Advanced Semiconductor Engineering Inc)

Consequential and Other Damages. Neither party No Party shall be liable to the other party, whether in Party under any contract, tort negligence, strict liability or other theory for any indirect, incidental, consequential, punitive or other special damages (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, its performance or nonperformance hereunder, or lost profits) asserted by the provision of or failure to provide any Service hereunder, including but not limited to loss of profitsother Party.

Appears in 1 contract

Samples: Shares Purchase Agreement (M-Systems Flash Disk Pioneers LTD)

Consequential and Other Damages. Neither party Party shall be liable to the other partyParty, whether in contract, tort (including negligence and strict liability), ) or otherwise, for any special, indirect, incidental incidental, punitive or consequential damages whatsoever, which in any way arise out of, relate to, to or are a consequence of, its the performance or nonperformance hereunder, hereunder or the provision of of, or failure to provide provide, any Service hereunder, including but not limited to loss of profits.

Appears in 1 contract

Samples: Asset Purchase Agreement (PDL Biopharma, Inc.)

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Consequential and Other Damages. Neither party shall be liable to the other party, whether in contract, tort (including negligence and strict liability), or otherwise, party for any special, indirect, incidental or consequential damages whatsoever, whatsoever which in any way arise out of, relate to, or are a consequence consequent of, each party's or its employees' performance or nonperformance hereunder, or the provision of or failure to provide any Service hereunder, including but not limited to loss of profitsunder this Agreement.

Appears in 1 contract

Samples: Transition Services Agreement (Allin Communications Corp)

Consequential and Other Damages. Neither party No Party shall be liable to the other party, whether in Party under any contract, tort negligence, strict liability or other theory for any indirect, incidental, consequential, punitive or other special damages (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, its performance or nonperformance hereunder, or without limitation lost profits) asserted by the provision of or failure to provide any Service hereunder, including but not limited to loss of profitsother Party.

Appears in 1 contract

Samples: Securities Purchase Agreement (Audiovox Corp)

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