Consequential and Special Damages Clause Samples
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Consequential and Special Damages. If the agreement does not contain any limitation on damages, when one party breaches the agreement the non-breaching party may be able to recover consequential or special damages from the party that breached the agreement. Some examples of consequential or special damages are lost profits, punitive damages or damages incurred by the non-breaching party from a third party claim, all of which might not be foreseen or expected by the party that breached the agreement. Consideration should therefore be given to adding a provision to the agreement that would have each party waive any claim against the other for consequential or special damages.
Consequential and Special Damages. Neither Party shall be liable to the other Party for any incidental, consequential, special, punitive or other indirect damages, including, but not limited to, damages for economic loss, lost profits, loss of reputation or lost opportunities, even if the Party had been advised of the possibility of any such loss and/or such damages resulting from the breach, except in the case of Losses, Judgments or Expenses arising or resulting from, or attributable to, any of the following circumstances: (i) any breach or violation of the Parties' respective obligations under Section 11 (Protection of Information; Nonsolicitation) or Section 12 (Intellectual Property Rights) of this DMSA; (ii) any violation by Subcontractor or its personnel or Contractors of Laws and Regulations applicable to the Services; (iii) personal injury, death or damage to tangible property; (iv) the Parties' respective indemnification obligations for Third Party Claims under Section 14 (Indemnification and Reimbursement Rights of the Parties) of this DMSA; or (v) the gross negligence, willful misconduct or fraud of either Party.
Consequential and Special Damages. At no time will any party ever be entitled to consequential or any other damages except for direct compensatory damages for the breach of any party’s obligations hereunder.
Consequential and Special Damages. IN NO EVENT SHALL ▇▇▇▇ BE LIABLE FOR ANY CONSEQUENTIAL, CONTINGENT, SPECIAL OR INCIDENTAL DAMAGES, LOSSES OR EXPENSES WHATSOEVER WHICH MAY ARISE AS A RESULT OF THIS AGREEMENT OR OTHERWISE, OR ANY OTHER MATTER WITH RESPECT TO THE PRODUCTS, WHETHER USED ALONE OR IN COMBINATION WITH OTHER GOODS OR MATERIALS.
Consequential and Special Damages. The Carrier shall not be liable for any consequential or special damages whether or not the Carrier had knowledge that such damages might be incurred.
Consequential and Special Damages. The Principal shall not be liable to the Agent for any incidental, special, consequential or punitive damages howsoever arising including, but not limited to, any damage to hardware, software, any damages for lost time, income, revenue, customers, goodwill, profits or other similar items or for any business interruption of any kind even if the Agent has informed the principal of the possibility of such damages in advance.