Consequential Damage Waiver. Neither Party will be liable to the other or any third party for loss of profits, or special, indirect, incidental, consequential or exemplary damages, including lost profits and costs, in connection with the performance of the Services, or the performance of any other obligations under this Agreement, even if it is aware of the possibility of the occurrence of such damages.
Appears in 3 contracts
Samples: Master Subscription Service Agreement, Master Subscription Service Agreement, Master Subscription Service Agreement
Consequential Damage Waiver. Neither Party party will be liable to the other or any third party for loss of profits, or special, indirect, incidental, consequential or exemplary damages, including lost profits and costs, in connection with the performance of the Services, or the performance of any other obligations under this Agreement, even if it is aware of the possibility of the occurrence of such damages.
Appears in 2 contracts
Samples: Service Agreement, Service Agreement
Consequential Damage Waiver. Neither Party Except as may arise out of either party’s breach of Section 4, neither party will be liable to the other or any third party for loss of profits, or special, indirect, incidental, consequential or exemplary damages, including lost profits and costs, in connection with the performance of the Services, or the performance of any other obligations under this Agreement, even if it is aware of the possibility of the occurrence of such damages.
Appears in 1 contract
Samples: Professional Services
Consequential Damage Waiver. Neither Except as may arise out of either Party’s breach of Confidentiality, or misuse of intellectual property rights , neither Party will be liable to the other or any third party for loss of profits, or special, indirect, incidental, consequential or exemplary damages, including lost profits and costs, in connection with the performance of the Subscription Services, or the performance of any other obligations under this Agreement, even if it is aware of knows the possibility of the occurrence of such damages.
Appears in 1 contract
Consequential Damage Waiver. Neither Party party will be liable to the other for any loss of use, interruption of business, or any third party for loss of profitsindirect, or special, indirect, incidental, or consequential or exemplary damages, damages of any kind (including lost profits and costsprofits), in connection with the performance regardless of the Servicesform of action whether in contract, tort (including negligence), strict product liability or the performance of any other obligations under this Agreement, even if it is aware of the possibility of the occurrence of such damagesotherwise.
Appears in 1 contract
Samples: License Agreement