CONSEQUENTIAL DAMAGES EXCLUSION. IN NO EVENT WILL LICENSOR (AND ITS BUSINESS PARTNERS, LICENSORS OR SERVICE PROVIDERS) BE LIABLE FOR ANY OF THE FOLLOWING DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS XXXX: (i) INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY CHARACTER REGARDLESS OF THE LEGAL THEORY ASSERTED, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHERWISE, (ii) COVER DAMAGES OR OTHER SIMILAR DAMAGES (INCLUDING THE COST OF PROCURING AN ALTERNATE VENDOR OR SERVICE); OR (iii) ANY LOSS OF PROFITS, BUINESS, GOODWILL (INCLUDING PECUNIARY LOSSES ARISING FROM LOSS OF GOODWILL), REVENUE, OR LOSSES RELATED TO STOPPAGE IN CUSTOMER’S OPERATION. THE DAMAGES DESCRIBED IN THIS SECTION ARE EXCLUDED, EVEN IF A PARTY IS EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
CONSEQUENTIAL DAMAGES EXCLUSION. It is agreed that in no event, shall a Party be liable to the other Party for consequential, indirect, special, punitive or incidental damages, or for any lost profits, lost revenues, or damage to good will.
CONSEQUENTIAL DAMAGES EXCLUSION. EXCEPT AS EXPRESSLY PROHIBITED BY LAW AND OTHER THAN WITH RESPECT TO A BREACH OF YOUR LICENSE OR CONTENT RESTRICTIONS, AND EACH PARTY’S INDEMNITIES SET FORTH IN THE AGREEMENT, IN NO EVENT WILL EITHER PARTY OR SUCH PARTY’S LICENSORS’ BE LIABLE, EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY, FOR: (A) ANY LOSS OF BUSINESS, CONTRACTS, PROFITS, ANTICIPATED SAVINGS, GOODWILL OR REVENUE; (B) ANY LOSS OR CORRUPTION OF DATA, OR (C) ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL LOSSES OR DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES).
CONSEQUENTIAL DAMAGES EXCLUSION. Notwithstanding anything to the contrary in this Agreement, WildCard shall have no liability for, nor will the measure of damages include, under any theory of liability (whether legal or equitable), any indirect, special, punitive or consequential damages or amounts for business interruption, loss of income, profits or savings arising out of or relating to their performance or non-performance under this Agreement.
CONSEQUENTIAL DAMAGES EXCLUSION. Except for the payment of liquidated damages as specified in Articles 10 and 17, in no event, whether as a result of breach of contract, warranty, tort (including negligence), strict liability, indemnity, or otherwise, shall Seller or its subcontractors or suppliers be liable for any special, consequential, incidental, indirect, or exemplary damages; provided that the immediately foregoing exclusion of liability for any special, consequential, incidental, indirect, or exemplary damages shall not limit the obligations of Seller to provide indemnification for (a) injury (including death) to persons in accordance with Section 15.1 or (b) damage to tangible property of a third party in accordance with Section 15.1 but only if Seller is held to be directly liable to the third party for all or a portion of such tangible property damage by a court of competent jurisdiction. In no event, (c) shall Buyer be liable to Seller for any special, consequential, incidental, indirect or exemplary damages and (d) the total liability of Buyer on all claims, whether in contract, tort (including negligence), strict liability, indemnity or otherwise arising out of this Contract shall not exceed the Total Contract Price, provided that the limitations set forth in clause (d) shall not apply to Buyer's obligations (including any breach thereof) under Article 3, Article 11 or Section 15.2. Nothing in clause (c) of the preceding sentence of this Section 13.2 shall limit the obligations of Buyer to provide indemnification for (e) injury (including death) to persons in accordance with Section 15.2 or (f) damage to tangible property of a third party in accordance with Section 15.2 but only if Buyer is held to be directly liable to the third party for all or a portion of such tangible property damage by a court of competent jurisdiction. This section shall not limit Seller's obligation to provide the express remedies for breach of warranty set forth in Article 10 of this Contract.
CONSEQUENTIAL DAMAGES EXCLUSION. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES HOWSOEVER CAUSED, INCLUDING BY THE NEGLIGENCE OR STRICT LIABILITY OF CLIENT OR S & B OR S & B’S SUBCONTRACTORS.
CONSEQUENTIAL DAMAGES EXCLUSION. Except for either party’s intellectual property obligations (and in the case of customer, its obligations under Section 2 (Scope of Use), in no event will either party (and in the case of licensor, its business partners, licensors or service providers) be liable for any incidental, special, indirect, consequential, or punitive damages of any character (including damages for loss of business or good will, work stoppage, lost or corrupted information or data, loss of revenue or profit, computer failure or malfunction, and telecommunications charges from unauthorised access), cover damages, or other similar damages regardless of the legal theory asserted, whether based on breach of contract, breach of warranty, tort (including negligence), product liability, strict liability or otherwise, arising out of or in connection with this agreement or any services or other materials of any kind provided by us, including any and all third party products, deliverables, customisations, services, hardware, professional services, support services, cloud services, even if informed of the possibility of such damages and even if a remedy is found to have failed of its essential purpose.
CONSEQUENTIAL DAMAGES EXCLUSION. Notwithstanding anything to the contrary contained in this Agreement, except for the Capital Improvement and Restart Payment or any other express payment obligation under this Agreement, neither Sunoco nor BOC shall be liable to the other whether in contract, tort, misrepresentation, warranty, negligence, strict liability or otherwise for any consequential, special, indirect or incidental damages including, but not limited to, lost profits or business interruption arising from a failure of such Party to perform any of its obligation under this Agreement, unless such obligation arises out of the fraudulent actions of such Party. The terms “consequential damages,” “special damages,” “indirect damages” and “incidental damages” shall include without limitation, damages that would be classified as such under the Uniform Commercial Code of the State of Ohio.
CONSEQUENTIAL DAMAGES EXCLUSION. Regardless of anything else in this Agreement, under no circumstances whatsoever (including for greater certainty and without limitation those circumstances listed in Sections 10(c) and (d) below) shall the Credit Union, its directors, officers, employees, agents, representatives or service providers be liable to you or any other person for any (i) indirect, special or consequential damages; (ii) damages resulting from business interruption; (iii) loss of profit, opportunity, reputation, revenue or goodwill, or any other commercial or economic loss whatsoever; (iv) loss of data or information; or (v) punitive damages.
CONSEQUENTIAL DAMAGES EXCLUSION. IN NO EVENT SHALL THE SERVICE PROVIDER, MEMBERS OF THE SERVICE PROVIDER’S GROUP, SERVICE RECIPIENT, MEMBERS OF THE SERVICE RECIPIENT’S GROUP OR ANY OF THEIR SHAREHOLDERS, OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES BE LIABLE FOR (I) ANY PUNITIVE, SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE TRANSITION SERVICES, OR (II) LOST PROFITS, EXCEPT THAT THE LIMITATION OF LIABILITY IN THIS SECTION 6.2 DOES NOT APPLY TO (A) LOSSES ARISING OUT OF ANY BREACH BY SERVICE PROVIDER’S GROUP, OR SERVICE RECIPIENT’S GROUP (INCLUDING BY THEIR PERSONNEL) OF THE CONFIDENTIALITY OBLIGATIONS WITHIN THIS AGREEMENT, UP TO THE GENERAL LIABILITY CAP; OR (B) DAMAGES RESULTING FROM FRAUD OR DISHONESTY, GROSS NEGLIGENCE OR WILFUL MISCONDUCT BY SERVICE PROVIDER’S GROUP, OR SERVICE RECIPIENT’S GROUP (INCLUDING BY THEIR PERSONNEL).
