Common use of Consequential and other losses Clause in Contracts

Consequential and other losses. To the extent that, and only to the extent that, the exclusion of liability set out in Clause 13 of the Scheme Documents does not apply on the facts of any particular case or is held by a court of competent jurisdiction to be invalid, unenforceable or illegal, the Employer expressly acknowledges and agrees, on its behalf and on behalf of the Employer’s Related Parties, that, subject to Clause 11.1, NOW: Pensions and the Trustee will under no circumstances whatsoever be liable to the Employer and the Employer’s Related Parties, whether in: (a) contract; (b) tort (including negligence); (c) breach of statutory duty; (d) innocent or negligent misrepresentation; (e) or otherwise, for any:‌ (a) loss of profit; (b) loss of sales or business; (c) loss of anticipated savings; (d) loss of use or corruption of software, data or information; (e) loss of or damage to goodwill or reputation; (f) loss of management time; (g) indirect loss; or (h) consequential loss.

Consequential and other losses. To the extent that, and only to the extent that, the exclusion of liability set out in Clause 13 of the Scheme Documents does not apply on the facts of any particular case or is held by a court of competent jurisdiction to be invalid, unenforceable or illegal, the Employer expressly acknowledges and agrees, on its behalf and on behalf of the Employer’s Related Parties, that, subject to Clause 11.1, NOW: Pensions and the Trustee will under no circumstances whatsoever be liable to the Employer and the Employer’s Related Parties, whether in: (a) contract; (b) tort (including negligence); (c) breach of statutory duty; (d) innocent or negligent misrepresentation; (e) or otherwise, for any:‌any: (a) loss of profit; (b) loss of sales or business; (c) loss of anticipated savings; (d) loss of use or corruption of software, data or information; (e) loss of or damage to goodwill or reputation; (f) loss of management time; (g) indirect loss; or (h) consequential loss.

Consequential and other losses. To the extent that, and only to the extent that, the exclusion of liability set out in Clause 13 of the Scheme Documents does not apply on the facts of any particular case or is held by a court of competent jurisdiction to be invalid, unenforceable or illegal, the Employer expressly acknowledges and agrees, on its behalf and on behalf of the Employer’s Related Parties, that, subject to Clause 11.1, NOW: Pensions and the Trustee will under no circumstances whatsoever be liable to the Employer and the Employer’s Related Parties, whether in: (a) contract; (b) tort (including negligence); (c) breach of statutory duty; (d) innocent or negligent misrepresentation; (e) or otherwise, for any:‌ (af) loss of profit; (bg) loss of sales or business; (ch) loss of anticipated savings; (di) loss of use or corruption of software, data or information; (ej) loss of or damage to goodwill or reputation; (fk) loss of management time; (gl) wasted expenditures; (m) business disruptions; (n) indirect loss; or (ho) consequential loss.