Common use of Consequential and Other Damages Clause in Contracts

Consequential and Other Damages. Under no circumstances whatsoever will either party be liable to the other in contract, tort, negligence, breach of statutory duty, or otherwise for (i) any (direct or indirect) loss of profits, of production, of anticipated savings, of business, or goodwill or (ii) any reliance damages, including but not limited to costs or expenditures incurred to evaluate the viability of entering into this Agreement or to prepare for performance under this Agreement or (iii) for any other liability, damage, costs, penalty, or expense of any kind incurred by the other party of an indirect or consequential nature, regardless of any notice of the possibility of these damages.

Appears in 3 contracts

Samples: Master Manufacturing Services Agreement, Manufacturing Services Agreement (Nabriva Therapeutics PLC), Master Manufacturing Services Agreement (Neurocrine Biosciences Inc)

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Consequential and Other Damages. Under no circumstances whatsoever will either party be liable to the other in contract, tort, negligence, indemnity, breach of statutory duty, or otherwise for for: (i) any (direct or indirect) delay, penalty, loss of profits, of production, of anticipated savings, of business, of goodwill, or goodwill of use of the Product or costs of any substitute services; or (ii) any reliance damages, including but not limited to costs or expenditures incurred to evaluate the viability of entering into this Agreement or to prepare for performance under this Agreement Agreement; or (iii) for any other liability, damage, costs, penalty, or expense of any kind incurred by the other party of an indirect or consequential nature, regardless of any notice of the possibility of these damages.

Appears in 2 contracts

Samples: Master Manufacturing Services Agreement (Amylyx Pharmaceuticals, Inc.), Manufacturing Services Agreement (PLx Pharma Inc.)

Consequential and Other Damages. Under no circumstances whatsoever will either party Party be liable to the other Party, whether in contract, tort, negligence, indemnity, breach of statutory duty, or otherwise for otherwise, for: (i) any (direct or indirect) damages or penalty caused by delay, loss of profits, of production, of anticipated savings, of business, of goodwill, or goodwill of use of the Product or costs of any substitute services; or (ii) any reliance damages, including but not limited to costs or expenditures incurred to evaluate the viability of entering into this Agreement or to prepare for performance under this Agreement Agreement; or (iii) for any consequential, indirect, punitive or special damages incurred by the other party, or (iv) for any other liability, damagedamages, costs, penalty, or expense of any kind incurred by the other party of an indirect or consequential nature, nature regardless of any notice of the possibility of these damages.

Appears in 1 contract

Samples: Master Manufacturing Services Agreement (Cara Therapeutics, Inc.)

Consequential and Other Damages. Under [***], under no circumstances whatsoever will either party be liable to the other in contract, tort, negligence, indemnity, breach of statutory duty, or otherwise for for: (i) any (direct or indirect) delay, penalty, loss of profits, of production, of anticipated savings, of business, of goodwill, or goodwill of use of the Product or costs of any substitute services; or (ii) any reliance damages, including but not limited to costs or expenditures incurred to evaluate the viability of entering into this Agreement or to prepare for performance under this Agreement Agreement; or (iii) for any other liability, damage, costs, penalty, or expense of any kind incurred by the other party of an indirect or consequential nature, regardless of any notice of the possibility of these damages.

Appears in 1 contract

Samples: Master Manufacturing Services Agreement (Galera Therapeutics, Inc.)

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Consequential and Other Damages. Under Excluding (i) [***], (ii) [***], or (iii) [***], under no circumstances whatsoever will either party be liable to the other in contract, tort, negligence, indemnity, breach of statutory duty, or otherwise for for: (i) any (direct or indirect) penalty, loss of profits, of production, of anticipated savings, of business, of goodwill, or goodwill of use of the Product or costs of any substitute services; or (ii) any reliance damages, including but not limited to costs or expenditures incurred to evaluate the viability of entering into this Agreement or to prepare for performance under this Agreement [***]; or (iii) for any other liability, damage, costs, penalty, or expense of any kind incurred by the other party of an indirect or consequential nature, regardless of any notice of the possibility of these damages.

Appears in 1 contract

Samples: Manufacturing Services Agreement (Ardelyx, Inc.)

Consequential and Other Damages. Under Except in the event of breach of the parties’ obligations of confidentiality under this Agreement, under no circumstances whatsoever will either party be liable to the other in contract, tort, negligence, breach of statutory duty, or otherwise for for; (ia) any special, incidental, consequential (direct or indirect) loss of including lost profits, of productionbusiness or goodwill), of anticipated savings, of business, punitive or goodwill indirect damages suffered or incurred by the other party or its affiliates in connection with this Agreement or (iib) any reliance damages, including but not limited to costs or expenditures incurred to evaluate the viability of entering into this Agreement or to prepare for performance under this Agreement Agreement; or (iiic) for any other liability, damage, costs, penalty, or expense of any kind incurred by the other party of an indirect or consequential nature, regardless of any notice of the possibility of these damages.

Appears in 1 contract

Samples: Supply Agreement (Akebia Therapeutics, Inc.)

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