Common use of Consequential Damage Exclusion Clause in Contracts

Consequential Damage Exclusion. UNDER NO CIRCUMSTANCES SHALL SUNGARD AND ITS AFFILIATES, OR ANY THIRD PARTY PROVIDERS BE LIABLE TO FINANCIAL INTERMEDIARY OR ANY OTHER PERSON FOR LOST REVENUES, LOST PROFITS, LOSS OF BUSINESS, OR ANY INCIDENTAL, INDIRECT, EXEMPLARY, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING SUCH DAMAGES ARISING OUT OF (a) THE USE OF OR INABILITY TO USE THE SYSTEM CONNECTION, OR (b) FROM ANY BREACH OF THIS AGREEMENT OR (c) TERMINATION OF THIS AGREEMENT, OR (d) FOR THE TRUTH, ACCURACY, SEQUENCE, TIMELINESS OR COMPLETENESS OF ANY INFORMATION (INCLUDING THIRD PARTY SERVICES) PROVIDED BY OR PROCESSED BY THE APPLICATIONS" WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE AND WHETHER OR NOT FORESEEABLE, EVEN IF SUNGARD (OR ITS AFFILIATE OR A THIRD PARTY PROVIDER, AS THE CASE MAY BE) HAS BEEN ADVISED OF OR WAS AWARE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.

Consequential Damage Exclusion. UNDER NO CIRCUMSTANCES ARISING FROM THIS AGREEMENT, THE STN AGREEMENT OR ANY OTHER AGREEMENT BETWEEN CITI AND THE PROVIDER OF THE LICENSED SYSTEM SHALL SUNGARD CITI OR STN AND ITS THEIR AFFILIATES, OR ANY THIRD PARTY PROVIDERS (EXCLUDING INTERMEDIARIES) BE LIABLE TO FINANCIAL INTERMEDIARY COMPANY OR ANY OTHER PERSON FOR LOST REVENUES, LOST PROFITS, LOSS OF BUSINESS, OR ANY INCIDENTAL, INDIRECT, EXEMPLARY, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING SUCH DAMAGES ARISING OUT OF (a) THE USE OF OR INABILITY TO USE THE SYSTEM CONNECTION, OR (b) FROM ANY BREACH OF THIS AGREEMENT OR (c) TERMINATION OF THIS AGREEMENT, OR (d) FOR THE TRUTH, ACCURACY, SEQUENCE, TIMELINESS OR COMPLETENESS OF ANY INFORMATION (INCLUDING THIRD PARTY SERVICES) PROVIDED BY OR PROCESSED BY THE APPLICATIONS" WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE AND WHETHER OR NOT FORESEEABLE, EVEN IF SUNGARD CITI OR STN (OR ITS THEIR AFFILIATE OR A THIRD PARTY PROVIDERPROVIDER (EXCLUDING INTERMEDIARIES), AS THE CASE MAY BE) HAS BEEN ADVISED OF OR WAS AWARE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.

Consequential Damage Exclusion. EXCEPT WITH RESPECT TO A BREACH OF SECTION 7 (CONFIDENITIALITY), AND EXCEPT IN THE EVENT OF DAMAGES OCCASIONED BY THE GROSS NEGLIGENCE OR INTENTIONAL MISCONDCUT OF A PARTY OR ITS EMPLOYEES OR AGENTS, UNDER NO CIRCUMSTANCES SHALL SUNGARD AND EITHER PARTY (OR ANY OF ITS AFFILIATES, OR ANY THIRD PARTY PROVIDERS ) BE LIABLE TO FINANCIAL INTERMEDIARY THE OTHER OR ANY OTHER PERSON FOR LOST REVENUES, LOST PROFITS, LOSS OF BUSINESS, OR ANY INCIDENTAL, INDIRECT, EXEMPLARY, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING SUCH DAMAGES ARISING OUT OF (a) THE USE OF OR INABILITY TO USE THE SYSTEM CONNECTION, OR (b) FROM ANY BREACH OF THIS AGREEMENT OR (c) ANY TERMINATION OF THIS AGREEMENT, OR (d) FOR THE TRUTH, ACCURACY, SEQUENCE, TIMELINESS OR COMPLETENESS OF ANY INFORMATION (INCLUDING THIRD PARTY SERVICES) PROVIDED BY OR PROCESSED BY THE APPLICATIONS" WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE AND WHETHER OR NOT FORESEEABLE, EVEN IF SUNGARD (OR ITS AFFILIATE OR A THIRD THE PARTY PROVIDER, AS CAUSING THE CASE MAY BE) DAMAGE HAS BEEN ADVISED OF OR WAS AWARE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.

Consequential Damage Exclusion. UNDER NO CIRCUMSTANCES ARISING FROM THIS AGREEMENT, THE STN AGREEMENT OR ANY OTHER AGREEMENT BETWEEN Citi AND THE PROVIDER OF THE LICENSED SYSTEM SHALL SUNGARD Citi OR STN AND ITS THEIR AFFILIATES, OR ANY THIRD PARTY PROVIDERS (EXCLUDING INTERMEDIARIES) BE LIABLE TO FINANCIAL INTERMEDIARY THE COMPANY OR ANY OTHER PERSON FOR LOST REVENUES, LOST PROFITS, LOSS OF BUSINESS, OR ANY INCIDENTAL, INDIRECT, EXEMPLARY, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING SUCH DAMAGES ARISING OUT OF (a) THE USE OF OR INABILITY TO USE THE SYSTEM CONNECTION, OR (b) FROM ANY BREACH OF THIS AGREEMENT OR (c) TERMINATION OF THIS AGREEMENT, OR (d) FOR THE TRUTH, ACCURACY, SEQUENCE, TIMELINESS OR COMPLETENESS OF ANY INFORMATION (INCLUDING THIRD PARTY SERVICES) PROVIDED BY OR PROCESSED BY THE APPLICATIONS" WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE AND WHETHER OR NOT FORESEEABLE, EVEN IF SUNGARD Citi OR STN (OR ITS THEIR AFFILIATE OR A THIRD PARTY PROVIDERPROVIDER (EXCLUDING INTERMEDIARIES), AS THE CASE MAY BE) HAS BEEN ADVISED OF OR WAS AWARE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.