Consequential Damages. Neither party shall be liable to the other for consequential damages, including, without limitation, loss of use or loss of profits incurred by one another or their subsidiaries or successors, regardless of whether such damages are caused by either party’s breach of contract, willful misconduct, negligent act or omission, or other wrongful act.
Appears in 19 contracts
Samples: Personal Services Agreement, Personal Services Agreement, Personal Services Agreement
Consequential Damages. Neither party shall be liable to the other for consequential damages, including, without limitation, loss of use or loss of profits profits, incurred by one another or their subsidiaries or successors, regardless of whether such damages are caused by either party’s breach of contract, willful will-full misconduct, negligent act or omission, or other wrongful actact of either of them.
Appears in 15 contracts
Samples: Construction Contract, Construction Contract, Construction Contract
Consequential Damages. Neither party Party shall be liable to the other Party for any indirect, incidental, consequential damagesor punitive damages as a result of the performance or non- performance of the obligations imposed pursuant to this Agreement including failure to deliver or purchase renewable energy hereunder, including, without limitation, loss irrespective of use or loss of profits incurred by one another or their subsidiaries or successors, regardless of whether such damages are caused by either party’s breach of contract, willful misconduct, negligent act or omission, or other wrongful actthe causes thereof.
Appears in 14 contracts
Samples: Renewable Energy Power Purchase Agreement, Power Purchase Agreement, Renewable Energy Power Purchase Agreement
Consequential Damages. Neither party shall be liable to the other for consequential damages, including, without limitation, loss of profits or revenue; loss of use or opportunity; loss of profits incurred by one another or their subsidiaries or successorsgood will; cost of substitute facilities, regardless of whether such damages are caused by either party’s breach of contract, willful misconduct, negligent act or omissiongoods, or other wrongful actservices; cost of capital; or for any special, consequential, indirect, punitive, or exemplary damages.
Appears in 14 contracts
Samples: Professional Services, Park Irrigation Extension Installation and Use Agreement, Professional Services
Consequential Damages. Neither Under no circumstances whatsoever will either party shall be liable to the other in contract, tort, negligence, breach of statutory duty, or otherwise for consequential damages, including, without limitation, (i) any (direct or indirect) loss of use profits, of production, of anticipated savings, of business, or loss goodwill or (ii) for any other liability, damage, costs, or expense of profits any kind incurred by one another the other party of an indirect or their subsidiaries or successorsconsequential nature, regardless of whether such damages are caused by either party’s breach any notice of contract, willful misconduct, negligent act or omission, or other wrongful actthe possibility of these damages.
Appears in 12 contracts
Samples: Master Manufacturing Services Agreement (Horizon Therapeutics Public LTD Co), Master Manufacturing Services Agreement (Jazz Pharmaceuticals PLC), Manufacturing Services Agreement (Egalet Corp)
Consequential Damages. Neither party shall be liable to the other for consequential incidental, consequential, special, punitive or indirect damages, including, without limitation, including but not limited to loss of use or loss of profits incurred by one another profit or their subsidiaries or successors, regardless of whether such damages are caused by either party’s breach of contract, willful misconduct, negligent act or omission, or other wrongful actrevenue.
Appears in 7 contracts
Samples: Solar Lease (Green Stream Holdings Inc.), Solar Lease (Green Stream Holdings Inc.), Solar Lease (Green Stream Holdings Inc.)
Consequential Damages. Neither Under no circumstances whatsoever shall either party shall be liable to the other in contract, tort, negligence, breach of statutory duty or otherwise for consequential damages, including, without limitation, any (direct or indirect) loss of use profits, of production, of anticipated savings, of business or loss goodwill or for any liability, damage, costs or expense of profits any kind incurred by one another the other party of an indirect or their subsidiaries or successors, regardless of whether such damages are caused by either party’s breach of contract, willful misconduct, negligent act or omission, or other wrongful actconsequential nature.
Appears in 7 contracts
Samples: Manufacturing Services Agreement (Zogenix, Inc.), Manufacturing Services Agreement (Zogenix, Inc.), Manufacturing Services Agreement (Cephalon Inc)
Consequential Damages. Neither party shall be liable to the other for consequential damages, including, without limitation, loss of use or loss of profits profits, incurred by one another or their subsidiaries or successors, regardless of whether such damages are caused by either party’s breach of contract, willful misconduct, negligent act or omission, or other wrongful actact of either of them.
Appears in 7 contracts
Samples: Professional Services, Pond Form 100, Agreement for as Needed General Engineering Construction Services
Consequential Damages. Neither party Party shall be liable to the other Party for special, punitive, indirect, exemplary or consequential damages, including, without limitation, loss of use or loss of profits incurred by one another or their subsidiaries or successors, regardless of whether such damages are caused allowed or provided by either party’s breach of contract, willful misconducttort (including negligence), negligent act strict liability, statute or omission, or other wrongful actotherwise.
Appears in 6 contracts
Samples: Tolling Agreement, Tolling Agreement, Tolling Service Agreement
Consequential Damages. Neither party shall be liable to the other in contract, tort, negligence, breach of statutory duty or otherwise for consequential damages, including, without limitation, any (direct or indirect) loss of use profits, of production, of anticipated savings, of business or loss goodwill or for any liability, damage, costs or expense of profits any kind incurred by one another the other party of an indirect or their subsidiaries or successors, regardless of whether such damages are caused by either party’s breach of contract, willful misconduct, negligent act or omission, or other wrongful actconsequential nature.
Appears in 5 contracts
Samples: Manufacturing Services and Supply Agreement, Manufacturing Services and Supply Agreement (Jazz Pharmaceuticals Inc), Manufacturing Services Agreement (Sepracor Inc /De/)
Consequential Damages. Neither party shall be liable responsible to the other for special or consequential damages, damages whatsoever including, without limitation, extra expense, loss of hire, loss of earnings, loss of profits, loss of use and/or business interruption, whether resulting from negligence, unseaworthiness, breach of this agreement or loss otherwise, even if the possibility of profits incurred by one another or their subsidiaries or successors, regardless of whether such damages are caused by either party’s breach of contract, willful misconduct, negligent act or omission, or other wrongful actmay have been foreseeable.
Appears in 4 contracts
Samples: Enrollment Agreement, Enrollment Agreement, Network Enrollment Agreement
Consequential Damages. Neither In no event shall either party shall be liable to the other for incidental, consequential damagesor special loss or damages of any kind, including, without limitation, loss of use or loss of profits incurred by one another or their subsidiaries or successors, regardless of whether such damages are caused by either party’s breach of contract, willful misconduct, negligent act or omissionhowever caused, or other wrongful actany punitive damages.
Appears in 4 contracts
Samples: Exclusive Supply Agreement, Exclusive Supply Agreement (Charles & Colvard LTD), Exclusive Supply Agreement (Charles & Colvard LTD)
Consequential Damages. Neither party Party shall be liable to the other for any consequential damages, including, without limitation, loss except in the case of use Party’s gross negligence or loss of profits incurred by one another or their subsidiaries or successors, regardless of whether such damages are caused by either party’s breach of contract, willful intentional misconduct, negligent act or omission, or other wrongful act.
Appears in 3 contracts
Samples: Toll Manufacturing Agreement, Toll Manufacturing Agreement (Gilead Sciences Inc), Toll Manufacturing Agreement (Gilead Sciences Inc)
Consequential Damages. Neither party shall be liable to the other for consequential damagesany incidental, consequential, indirect or punitive damages including, without limitationbut not limited to, loss of use profits or loss of profits incurred by one another or their subsidiaries or successorsbusiness interruption, regardless of whether such damages are caused by either party’s breach of contract, willful misconduct, negligent act or omission, or other wrongful acthowsoever caused.
Appears in 3 contracts
Samples: Management Services Agreement (Seadrill Partners LLC), Management Services Agreement (Seadrill Partners LLC), Management Services Agreement
Consequential Damages. Neither Notwithstanding any other provision of the Agreement, neither party shall be liable to the other for any consequential damagesdamages incurred due to the fault of the other party, includingregardless of the nature of the fault or whether it was committed by the OWNER or ENGINEER, without limitationtheir employees, agents, subconsultants or subcontractors. Consequential damages include, but are not limited to, loss of use or and loss of profits incurred by one another or their subsidiaries or successors, regardless of whether such damages are caused by either party’s breach of contract, willful misconduct, negligent act or omission, or other wrongful actprofit.
Appears in 3 contracts
Samples: Engineering Services Agreement, Engineering Services Agreement, Professional Services Agreement
Consequential Damages. Neither party shall be liable to the other for consequential damages, including, without limitation, loss of use or loss of profits incurred by one another or their subsidiaries or successors, regardless of whether such damages are caused by either party’s breach of contract, willful misconduct, negligent act or omission, or other wrongful act.caused
Appears in 3 contracts
Samples: Personal Services Agreement, Personal Services Agreement, Personal Services Agreement
Consequential Damages. Neither party nor its affiliates, nor their officers, directors, employees or agents shall be liable hereunder to the other party or its affiliates for consequential damagesor indirect loss or damage, including, without limitationincluding loss of profit, loss of use or use, loss of profits incurred by one another revenue or their subsidiaries any other special or successors, regardless of whether such damages are caused by either party’s breach of contract, willful misconduct, negligent act or omission, or other wrongful actincidental damages.
Appears in 3 contracts
Samples: Consulting Services Agreement (Red Cat Holdings, Inc.), Executive Employment Agreement (Red Cat Holdings, Inc.), Consulting Services Agreement (Artistdirect Inc)
Consequential Damages. Neither In no event shall either party shall be liable to the other or to any third party for any indirect, special or consequential damages, damages including, without limitation, those based on loss of use revenue, profit or loss of profits incurred by one another business opportunity, whether or their subsidiaries not either party had or successorsshould have had any knowledge, regardless of whether actual or constructive, that such damages are caused by either party’s breach of contract, willful misconduct, negligent act or omission, or other wrongful actmight be incurred.
Appears in 3 contracts
Samples: Coal Supply Agreement (Vectren Corp), Supply Agreement (Vectren Utility Holdings Inc), Agreement for the Supply of Coal (Vectren Corp)
Consequential Damages. Neither party Party shall be liable to to the other Party for special, punitive, indirect, exemplary or consequential damages, including, without limitation, loss of use or loss of profits incurred by one another or their subsidiaries or successors, regardless of whether such damages are caused allowed or provided by either party’s breach of contract, willful misconducttort (including negligence), negligent act strict liability, statute or omission, or other wrongful actotherwise.
Appears in 3 contracts
Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement
Consequential Damages. Neither party In no event shall either Party be liable to the other for any prospective profits, or special, indirect, incidental or consequential damagesdamages of any kind, including, without limitation, loss of use or loss of profits incurred by one another or their subsidiaries or successors, regardless of whether such damages are caused by either party’s breach of based in contract, willful misconduct, negligent act tort (including negligence or omission, strict liability) or other wrongful actotherwise.
Appears in 3 contracts
Samples: Supply Contract for Low Sulfur Fuel Oil (Hawaiian Electric Co Inc), Supply Contract for Low Sulfur Fuel Oil (Hawaiian Electric Industries Inc), Supply Contract for Low Sulfur Fuel Oil (Hawaiian Electric Industries Inc)
Consequential Damages. Neither party shall be liable to the other or any third party for any indirect or consequential loss or damages, includinghowever arising, without limitationincluding but not limited to, loss of use income, loss of profit or loss of profits incurred by one another or their subsidiaries or successorsopportunity, regardless of whether provided that such damages are loss is not caused by either the negligence or willful misconduct of such party’s breach of contract, willful misconduct, negligent act or omission, or other wrongful act.
Appears in 3 contracts
Samples: Warehousing & Distribution Agreement (Biologix Hair Inc.), Servicing, Warehousing & Distribution Agreement (Redenvelope Inc), Servicing, Warehousing & Distribution Agreement (Redenvelope Inc)
Consequential Damages. Neither party Except as otherwise specifically provided herein, neither Party shall be liable to the other for any indirect, incidental or consequential damages, including, without limitation, loss of use or damage or loss of profits incurred by one another opportunity or their subsidiaries or successors, regardless of whether such damages are caused by either party’s breach of contract, willful misconduct, negligent act or omission, or other wrongful actprofits.
Appears in 3 contracts
Samples: E Bid RLNG Sales Agreement, E Bid RLNG Sales Agreement, E Bid RLNG Sales Agreement
Consequential Damages. Neither party shall be liable to for any loss of profits, claims against the other for by any third party, or consequential damages, including, without limitation, loss of use or loss of profits incurred by one another or their subsidiaries or successors, regardless of whether such damages are caused by either party’s breach of contract, willful misconduct, negligent act or omission, or other wrongful act.
Appears in 3 contracts
Samples: Training Services Agreement, Training Services Agreement, Training Services Agreement
Consequential Damages. Neither party shall be liable for any --------------------- consequence or damage arising out of or resulting from anything made available hereunder, or for the exercise by the other party of any rights granted hereunder, nor be liable to the other party for consequential damages, including, without limitation, loss of use or loss of profits incurred by one another or their subsidiaries or successors, regardless of whether such damages are caused by either party’s breach of contract, willful misconduct, negligent act or omission, or other wrongful actunder any circumstances.
Appears in 2 contracts
Samples: Research Collaboration Agreement (3 Dimensional Pharmaceuticals Inc), Research Collaboration Agreement (3 Dimensional Pharmaceuticals Inc)
Consequential Damages. Neither party Party shall be liable to the other Party for any special or consequential damages, includingwhether based upon lost goodwill, without limitationlost resale profits, loss work stoppage, or impairment of use other goods or loss arising out of profits incurred by one another or their subsidiaries or successorsbreach of warranty, regardless of whether such damages are caused by either party’s breach of contract, willful misconduct, negligent act or omissionstrict liability, or other wrongful actnegligence.
Appears in 2 contracts
Samples: Supply and License Agreement (Heska Corp), Supply and License Agreement (Heska Corp)
Consequential Damages. Neither party shall Party will be liable to the other party for any indirect, special, consequential or incidental damages, including, without limitationincluding loss of business opportunity, loss of use or profit, loss of profits incurred by one another or their subsidiaries or successorsproduction, regardless loss of whether such damages are caused by either party’s breach data and loss of contract, willful misconduct, negligent act or omission, or other wrongful actuse.
Appears in 2 contracts
Samples: Chemical Products Supply Agreement (ProFrac Holding Corp.), Chemical Products Supply Agreement (Flotek Industries Inc/Cn/)
Consequential Damages. Neither party Party shall be liable to the other Party for consequential any indirect, incidental, special or consequential, punitive or exemplary damages, includingof any kind or nature whatsoever, without limitation, including loss of use profit, interest or loss of profits incurred by one another or their subsidiaries or successorsrevenue, regardless of and whether such damages are caused by either party’s breach of based upon contract, willful misconducttort, negligent act strict liability, warranty or omissionany other legal or equitable grounds. Where a Party has not otherwise released a Party from liability under this Agreement, or a Party’s liability to the other wrongful actParty shall be limited to direct damage.
Appears in 2 contracts
Samples: Transmission Service and Operating Agreement, Transmission Service and Operating Agreement
Consequential Damages. Neither party Party shall be liable to the other for consequential damages, including, without limitation, loss of use or loss of profits incurred by one another or their subsidiaries or successors, regardless of whether such damages are caused by either partyParty’s breach of contract, willful misconduct, negligent act or omission, or other wrongful act.
Appears in 2 contracts
Samples: Independent Contractor Agreement, Independent Contractor Agreement
Consequential Damages. Neither Notwithstanding any other provision of the Agreement, neither party shall be liable to the other for any consequential damagesdamages incurred due to the fault of the other party, includingregardless of the nature of this fault or whether it was committed by the OWNER or the ENGINEER, without limitationtheir employees, agents, subconsultants, or subcontractors. Consequential damages include, but are not limited to, loss of use or and loss of profits incurred by one another or their subsidiaries or successors, regardless of whether such damages are caused by either party’s breach of contract, willful misconduct, negligent act or omission, or other wrongful actprofit.
Appears in 2 contracts
Samples: Engineering Services Agreement, Engineering Services Agreement
Consequential Damages. Neither party Party shall be liable to for, nor shall the other --------------------- measure of damages include, any indirect, incidental, special or consequential damages or amounts for consequential damages, including, without limitation, loss of use income, profits or loss savings arising out of profits incurred by one another or their subsidiaries relating to its performance or successorsfailure to perform under this Agreement, regardless of whether such damages are caused by either party’s breach of based on an action or claim in contract, willful misconductequity, negligent act negligence, tort or omission, or other wrongful actotherwise.
Appears in 2 contracts
Samples: Electronic Commerce Referral and Revenue Sharing Agreement (Rowecom Inc), Referral Agreement (Rowecom Inc)
Consequential Damages. Neither party shall in any event be responsible or liable to the other party for consequential consequential, indirect or punitive damages, including, without limitationincluding liability for loss of use of the Facility or existing property, loss of use or profits, loss of profits incurred by one another product or their subsidiaries or successorsbusiness interruption, regardless of whether such damages however caused, except to the extent any third-party claims against which a party is entitled to indemnification are caused by either party’s breach of contract, willful misconduct, negligent act or omission, or other wrongful actdeemed to be consequential damages.
Appears in 2 contracts
Samples: Operation and Maintenance Agreement (Kgen Power Corp), Operation and Maintenance Agreement (Kgen Power Corp)
Consequential Damages. Neither party Party shall be liable to for, nor will the other measure of damages include, any indirect, incidental, special or consequential damages or amounts for consequential damages, including, without limitation, loss of use income, profits or loss savings arising out of profits incurred by one another or their subsidiaries relating to its performance or successors, regardless of whether such damages are caused by either party’s breach of contract, willful misconduct, negligent act or omission, or other wrongful actfailure to perform under this Agreement.
Appears in 2 contracts
Samples: Services Agreement (Broadcom Corp), Services Agreement (Broadcom Corp)
Consequential Damages. Neither party shall be liable to the other for indirect or consequential damages, includingincluding lost profits of any kind in connection with the transactions contemplated herein, without limitation, loss of use or loss of profits incurred by one another or their subsidiaries or successors, regardless of whether such damages are caused by either party’s breach of arising in contract, willful misconduct, negligent act tort or omission, or other wrongful actotherwise.
Appears in 2 contracts
Samples: Space Charter and Transportation Service Contract (Horizon Lines Ventures, LLC), Space Charter and Transportation Service Contract (Horizon Lines of Guam, LLC)
Consequential Damages. Neither party shall be liable for any or damage --------------------- arising out of or resulting from anything made available hereunder, or for the exercise by the other party of any rights granted hereunder, nor be liable to the other party for consequential damages, including, without limitation, loss of use or loss of profits incurred by one another or their subsidiaries or successors, regardless of whether such damages are caused by either party’s breach of contract, willful misconduct, negligent act or omission, or other wrongful actunder any circumstances.
Appears in 2 contracts
Samples: Research Collaboration Agreement (3 Dimensional Pharmaceuticals Inc), Research Collaboration Agreement (3 Dimensional Pharmaceuticals Inc)
Consequential Damages. Neither party Contracting Party shall be liable to the other for Contracting Party for, nor shall the measure of damages include, any special, indirect, incidental, consequential damagesor exemplary damages (including lost profits) arising out of or relating to its performance or failure to perform under this Agreement, including, without limitation, loss of use or loss of profits incurred by one another or their subsidiaries or successors, regardless of whether even if such damages are caused by foreseeable or if either party’s breach Party is advised in advance of contract, willful misconduct, negligent act or omission, or other wrongful actthe foregoing.
Appears in 2 contracts
Samples: Master Services Agreement (Broadridge Financial Solutions, Inc.), Information Technology Services Agreement (Broadridge Financial Solutions, Inc.)
Consequential Damages. Neither Notwithstanding anything to the contrary herewithin, neither party shall be liable to the other for consequential damages, including, without limitation, loss of use or loss of profits profits, incurred by one another or their subsidiaries or successors, regardless of whether such damages are caused by either party’s breach of contract, willful misconduct, negligent act or omission, or other wrongful actact of either of them.
Appears in 2 contracts
Samples: Procurement Contract, Procurement Contract
Consequential Damages. Neither party Party shall be liable to the other for consequential damages, including, without limitation, loss of use or loss of profits profits, incurred by one another or their subsidiaries or successors, regardless of whether such damages are caused by either party’s breach of contract, willful misconduct, negligent act or omission, or other wrongful actact of either of them.
Appears in 2 contracts
Samples: Transportation Testing and Consulting Agreement, Professional Services
Consequential Damages. Neither party Notwithstanding the above, neither Party shall be liable to the other for any indirect, special or consequential damages, including, without limitationbut not limited to, loss of use profits or loss revenues, interruption of profits incurred by one another customer service or their subsidiaries or successors, regardless of whether such damages are caused by either party’s breach of contract, willful misconduct, negligent act or omission, or other wrongful actinterference with business operations.
Appears in 2 contracts
Samples: Pole Attachment and Conduit Occupancy Licensing Agreement, Pole Attachment and Conduit Occupancy Licensing Agreement
Consequential Damages. Neither Notwithstanding anything herein to the contrary, neither party shall be liable to the other have any liability for consequential any consequential, indirect, punitive, exemplary or special damages, including, without limitation, loss of use business, opportunities, revenue or loss of profits incurred by one another or their subsidiaries or successors, regardless of whether such damages are caused by either party’s breach of contract, willful misconduct, negligent act or omission, or other wrongful actprofits.
Appears in 2 contracts
Samples: Credit Agreement (Baker Hughes Inc), Credit Agreement (Baker Hughes Inc)
Consequential Damages. Neither In no event shall either party shall be liable to the other for any prospective profits, or special, indirect, or consequential damagesdamages of any kind, including, without limitation, loss of use or loss of profits incurred by one another or their subsidiaries or successors, regardless of whether such damages are caused by either party’s breach of based in contract, willful misconducttort (including negligence or strict liability), negligent act warranty or omission, or other wrongful actotherwise.
Appears in 2 contracts
Samples: Biodiesel Supply Contract, Biodiesel Supply Contract (Imperium Renewables Inc)
Consequential Damages. Neither party shall be liable for any special, consequential, indirect or incidental damages relating in any way to this Agreement or the other for consequential damages, including, without limitationSystem, loss of use actual or loss anticipated profits or revenue or cost of profits incurred by one another or their subsidiaries or successors, regardless claims of whether such damages are caused by either party’s breach of contract, willful misconduct, negligent act or omission, or other wrongful actcustomers.
Appears in 2 contracts
Samples: Operations & Maintenance Agreement, Water Meter Replacement Agreement
Consequential Damages. Neither party Party shall be liable to the other for consequential consequential, indirect, special or punitive damages, including, without limitation, loss of use or loss of profits incurred by one another or their subsidiaries or successors, regardless of whether such damages are caused by either partyParty’s breach of contract, willful misconduct, negligent act or omission, or other wrongful act.
Appears in 1 contract
Samples: Independent Contractor Agreement
Consequential Damages. Neither party hereto shall be liable to the other party for any economic losses, or incidental, consequential or special damages, includingarising out of, without limitationresulting from or relating in any way to this Charter, loss irrespective of use the negligence or loss fault of profits incurred by one another or their subsidiaries or successors, regardless of whether such damages are caused by either any party’s breach of contract, willful misconduct, negligent act or omission, or other wrongful act.
Appears in 1 contract
Samples: Bareboat Charter Agreement (Falcon Drilling Co Inc)
Consequential Damages. Neither To the fullest extent permitted by law, neither party shall be liable to the other for any special, indirect, incidental or consequential damages, including, without limitationbut not limited to, damages from delay, lost distribution, loss of use or product, loss of use, loss of profits incurred by one another or their subsidiaries revenue or successorsincreased cost of operation, regardless the cost of whether such damages are caused by either party’s breach capital or the cost of contractpurchased or replacement equipment, willful misconduct, negligent act systems or omission, or other wrongful actpower.
Appears in 1 contract
Samples: Professional Services
Consequential Damages. Neither Notwithstanding anything to the contrary herein, neither party shall be liable to the other for consequential incidental, consequential, special, punitive or indirect damages, including, without limitation, including but not limited to loss of use or loss of profits incurred by one another profit or their subsidiaries or successors, regardless of whether such damages are caused by either party’s breach of contract, willful misconduct, negligent act or omission, or other wrongful actrevenue.
Appears in 1 contract
Samples: Option Agreement
Consequential Damages. Neither party shall be liable to the other for consequential any incidental, consequential, exemplary, special, or punitive damages, includingincluding lost profits, without limitation, loss of use or loss of profits incurred by one another or their subsidiaries or successorsthat may arise in connection with this Contract, regardless of the cause of action (whether in contract, tort, negligence, strict liability, or otherwise) and regardless of how characterized, even if such party was advised of the possibility of such damages are caused by either party’s breach of contract, willful misconduct, negligent act or omission, or other wrongful actin advance.
Appears in 1 contract
Samples: Contract for Professional Services
Consequential Damages. Neither party shall be liable to the other for any indirect or consequential damagesloss or damages (whether in contract or in tort, includingincluding negligence), without limitationincluding loss or damages comprising, or resulting from, loss of use business or loss of profits incurred by one another or their subsidiaries or successorsprofit, regardless of whether such damages are caused by either party’s breach of contract, willful misconduct, negligent act or omission, or other wrongful acthowever caused.
Appears in 1 contract
Samples: Development and Distribution Agreement (Senetek PLC /Eng/)
Consequential Damages. Neither party shall ever be liable to the other party for consequential damages, including, without limitation, any loss of use business or loss any indirect, incidental, special or consequential damages or lost profits arising out of profits incurred by one another or their subsidiaries relating to this Agreement or successors, regardless of whether such damages are caused by either party’s breach of contract, willful misconduct, negligent act the performance or omission, or other wrongful actnon-performance hereunder.
Appears in 1 contract
Consequential Damages. Neither party shall be liable to the other party for consequential any punitive or exemplary damages, including, without limitation, loss of use or profits, loss of profits incurred by one another production, loss of business or their subsidiaries mineral rights or successors, regardless of whether such damages are caused business interruptions which may be suffered by either party’s breach , as the case may be, and which arise out of contract, willful misconduct, negligent act or omission, or other wrongful actin connection with this Agreement.
Appears in 1 contract
Samples: Asset Purchase Agreement
Consequential Damages. Neither party shall be liable responsible to the other for consequential or special damages, including, without limitation, loss of use or loss of profits incurred by one another or their subsidiaries or successors, regardless of the cause thereof and whether such damages are caused by either party’s breach of contractresulting from delay, willful misconduct, negligent act neglect or omission, or other wrongful actotherwise.
Appears in 1 contract
Samples: Standard Equipment Rental Agreement
Consequential Damages. Neither party shall be liable to the other or any third party for loss of profits, or indirect, special, incidental, or consequential damages, including, without limitation, loss of use or loss of profits incurred by one another or their subsidiaries or successors, regardless of whether such damages are caused by either party’s breach of contract, willful misconduct, negligent act or omission, or other wrongful act.
Appears in 1 contract
Consequential Damages. Neither party shall be liable to the other for consequential damageslost profits, includinglost revenues, without limitationlost opportunity costs, loss costs of use or loss of profits incurred by one another or their subsidiaries or successors, regardless of whether such damages are caused by either party’s breach of contract, willful misconduct, negligent act or omissionfinancing, or other wrongful actconsequential, punitive, special, or incidental damages in connection with any Direct Claim.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Caraustar Industries Inc)
Consequential Damages. Neither party shall With respect to any legal proceeding or ---------------------- dispute between the Parties, neither Party will be held liable to the other for consequential damagesconsequential, including, without limitation, loss special or incidental damages of use or loss of profits incurred by one another or their subsidiaries or successorsany kind, regardless of whether such damages are how caused by either party’s breach of contract, willful misconduct, negligent act or omission, or other wrongful actthe theory on which asserted.
Appears in 1 contract
Samples: Guaranteed Fixed Price Remediation Agreement (Kreisler Manufacturing Corp)
Consequential Damages. Neither party shall be liable to the other for consequential incidental, consequential, special, punitive or indirect damages, including, without limitation, including but not limited to loss of use ofuse or loss of profits incurred by one another profit or their subsidiaries or successors, regardless of whether such damages are caused by either party’s breach of contract, willful misconduct, negligent act or omission, or other wrongful actrevenue .
Appears in 1 contract
Consequential Damages. Neither party Party shall be liable to the other for special, Indirect or consequential damagesdamages resulting from or arising out of this Contract, including, without limitation, loss of use profit or business interruptions including loss or delay of profits incurred by one another or their subsidiaries or successorsproduction, regardless of whether such damages are caused by either party’s breach of contract, willful misconduct, negligent act or omission, or other wrongful acthowever same may be caused.
Appears in 1 contract
Samples: Daywork Drilling Contract (Nevada Geothermal Power Inc)
Consequential Damages. Neither party shall be liable Party has any liability to the other Party for special, incidental, indirect, or consequential damages. However, including, without limitation, loss of use this limitation will not apply to indemnification obligations or loss of profits incurred by one another to personal injury or their subsidiaries or successors, regardless of whether such damages are property damage caused by either party’s breach of contract, gross negligence or willful misconduct, negligent act or omission, or other wrongful act.
Appears in 1 contract
Samples: Subcontractor Agreement
Consequential Damages. Neither party shall be liable to the other for consequential damages, including, without limitation, loss of use or loss of profits profits, incurred by one another or their subsidiaries or successors, regardless of whether such damages are caused by either party’s breach of contract, willful misconduct, negligent act or omission, or other wrongful act.
Appears in 1 contract
Samples: Consulting Agreement
Consequential Damages. Neither party shall be liable to the other or any other person or entity for consequential damagesany lost profits, includinganticipated profits, without limitationloss by reason of shutdown in operation or increased expenses of operation, loss of use or loss of profits incurred by one another or their subsidiaries or successors, regardless of whether such damages are caused by either party’s breach of contract, willful misconduct, negligent act or omissiongoodwill, or other wrongful actany consequential, incidental, indirect, punitive, or special damages, even if such party has been advised of the possibility of such damages.
Appears in 1 contract
Samples: Data License Agreement
Consequential Damages. Neither party Party shall be liable to the other for special, indirect, consequential damagesor incidental damages of any kind, including, without limitation, loss of use or loss of profits incurred by one another or their subsidiaries or successors, regardless of whether such damages are caused by either party’s breach of arising in contract, willful misconduct, negligent act tort or omission, or other wrongful actotherwise (including without limitation negligence and strict liability) except as otherwise allowed in this Agreement.
Appears in 1 contract
Samples: Acmi Passenger Agreement (Global Crossing Airlines Group Inc.)
Consequential Damages. Neither Except as otherwise specifically set forth herein and excluding damages resulting from the gross negligence or intentional misconduct of a party, neither party shall be liable to the other party or any of its Subcontractors, Vendors or agents for consequential damagesloss or damage, including, without limitation, including but not limited to loss of use or loss of profits incurred by one another revenue or their subsidiaries or successorsprofit, regardless of whether and each party hereby releases the other party and its Subcontractors, Vendors and agents from any such damages are caused by either party’s breach of contract, willful misconduct, negligent act or omission, or other wrongful actliability (except as described above).
Appears in 1 contract
Samples: Engineering, Procurement and Construction Contract (Panda Global Holdings Inc)
Consequential Damages. Neither party shall be liable to the other or any third party for any indirect or consequential loss or damages, includinghowever arising, without limitationincluding but not limited to, loss of use income, loss of profit or loss of profits incurred by one another or their subsidiaries or successorsopportunity, regardless of whether provided that such damages are loss is not caused by either the misconduct or negligence of such party’s breach of contract, willful misconduct, negligent act or omission, or other wrongful act.
Appears in 1 contract
Samples: Standard Terms and Conditions
Consequential Damages. Neither party shall be is liable to the other for consequential damages, including, without limitation, loss of use or loss of profits incurred by one another or their subsidiaries or successors, regardless of whether such damages are caused by either party’s breach of contract, willful misconduct, negligent act or omission, or other wrongful act.
Appears in 1 contract
Samples: Personal Services Agreement
Consequential Damages. Neither party shall be liable to the other for any consequential damages, including, without limitation, loss either Party’s liability for damages hereunder shall in no event exceed the lesser of use actual damages or loss the amount of profits incurred fees paid by one another or their subsidiaries or successors, regardless of whether such damages are caused by either party’s breach of contract, willful misconduct, negligent act or omission, or other wrongful actClient for the relevant service.
Appears in 1 contract
Samples: Services Agreement (Cellteck Inc.)
Consequential Damages. Neither party shall be liable to the other for consequential damages, including, without limitation, loss of profits or revenue; loss of use or opportunity; loss of profits incurred by one another or their subsidiaries or successorsgood will; cost of substitute facilities, regardless of whether such damages are caused by either party’s breach of contract, willful misconduct, negligent act or omissiongoods, or other wrongful actservices; costs of capital; or for any special, consequential, indirect, punitive, or exemplary damages.
Appears in 1 contract
Samples: Professional Services Agreement
Consequential Damages. Neither party Party shall be liable to the other for consequential damages, Party under any cause of action (including, without limitationbut not limited to, those listed in Article 13 above) for: (i) damages in connection with loss of revenue or of profits, business interruption, loss of use or of property, loss of profits incurred by one another business opportunity, increased operating costs or their subsidiaries increased financing costs; (ii) any type or successorsamount of indirect, regardless of whether such special or consequential damages are caused by either party’s breach of contract, willful misconduct, negligent act howsoever characterized or omission, calculated; or other wrongful act(iii) punitive or exemplary damages.
Appears in 1 contract
Samples: Terms and Conditions
Consequential Damages. Neither party Party shall be liable to the other for special, indirect, consequential damagesdamages resulting from or arising out of this Contract, including, without limitation, loss or profit of use or loss of profits incurred by one another or their subsidiaries or successorsbusiness interruptions, regardless of whether such damages are caused by either party’s breach of contract, willful misconduct, negligent act or omission, or other wrongful acthowever same may be caused.
Appears in 1 contract
Samples: International Daywork Drilling Contract (Zion Oil & Gas Inc)
Consequential Damages. Neither party shall be liable to the other responsible for any indirect, consequential damagesor special damages whatsoever, including, without limitation, extra expense, loss of profits, loss of use of property, delay or damages consequential upon loss of profits incurred use, whether resulting from negligence, breach hereof or otherwise, and even if the possibility of such is or was foreseeable by one another Lessee, Lessor or their subsidiaries any other person or successors, regardless of whether such damages are caused by either party’s breach of contract, willful misconduct, negligent act or omission, or other wrongful actentity.
Appears in 1 contract
Samples: Equipment Rental Agreement
Consequential Damages. Neither party shall be liable to the other for consequential damages, including, without limitation, loss of use or loss of profits incurred by one another or their subsidiaries or successors, regardless of whether such damages are caused by either party’s breach of contract, willful misconduct, negligent act or omission, or other wrongful act.by
Appears in 1 contract
Samples: Personal Services Agreement
Consequential Damages. Neither party shall be liable to the other for consequential damagesconsequential, includingindirect, without limitationspecial, loss of use or loss of profits incurred by one another or their subsidiaries or successors, regardless of whether such damages are caused by either party’s breach of contract, willful misconduct, negligent act or omissionpunitive, or other wrongful actexemplary damages for any cause of action whether in contract tort, or otherwise.
Appears in 1 contract
Samples: Tower Site Lease Agreement
Consequential Damages. Neither party shall be liable to the other bear any liability for consequential damagesspecial, includingconsequential, incidental, or indirect damages (including without limitationlimitation loss of anticipated income or profits, loss of use or loss of profits incurred by one another or their subsidiaries or successors, regardless of whether such damages are caused by either party’s breach of contract, willful misconduct, negligent act or omissiongoodwill, or other wrongful actloss or damages), even if such party has been informed of the possibility of such damages.
Appears in 1 contract
Samples: Software License Agreement
Consequential Damages. Neither party Party shall be liable to the other for special, indirect or consequential damagesdamages resulting from or arising out of this Contract, including, without limitation, loss of profit, loss of production, loss of use or loss of profits incurred by one another or their subsidiaries or successorsbusiness interruptions, regardless of whether such damages are caused by either party’s breach of contract, willful misconduct, negligent act or omission, or other wrongful acthowever caused.
Appears in 1 contract
Consequential Damages. Neither party shall be liable to the other for any indirect, special, punitive, exemplary or consequential damages, including, without limitationbut not limited to, loss of use damages for lost production, lost revenue, lost product, lost profits, lost business or loss of profits incurred by one another or their subsidiaries or successorsbusiness interruptions REGARDLESS OF THE SOLE, regardless of whether such damages are caused by either party’s breach of contractJOINT AND/OR CONCURRENT NEGLIGENCE OF EITHER PARTY, willful misconduct, negligent act or omission, or other wrongful actAND EACH PARTY HEREBY RELEASES THE OTHER IN THIS REGARD.
Appears in 1 contract
Consequential Damages. Neither party shall be liable to the other hereunder for consequential damagesany indirect, consequential, incidental, punitive or exemplary damages (including, without limitation, loss damages on account of use or loss of profits incurred by one another or their subsidiaries or successors, regardless of whether such damages are caused by either party’s breach of contract, willful misconduct, negligent act or omission, or other wrongful actlost profits) arising hereunder.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Far West Electric Energy Fund L P)
Consequential Damages. Neither party Party shall be liable to the other for for, and each Party shall hold harmless and indemnify the other against, special, indirect of consequential damagesdamages resulting from or arising out of this Contract, including, without limitation, loss of profits, loss of use or loss of profits incurred by one another or their subsidiaries or successorsbusiness interruptions, regardless of whether such damages are caused by either party’s breach of contracthowever same may be caused; provided, willful misconducthowever, negligent act or omission, or other wrongful actthe forgoing limitations shall not apply to any Party that breaches this Contract.
Appears in 1 contract
Samples: Daywork Drilling Contract (Chaparral Resources Inc)
Consequential Damages. Neither party shall be liable for any consequential, indirect, incidental or special damages, even if advised of the possibility of such damages. In no event shall either party or any affiliates, directors, officers, managers, agents or employees be liable to the other or to any customers thereof, under any theory of liability for consequential damages, including, without limitation, loss of use punitive or loss of profits incurred by one another exemplary damages arising from or their subsidiaries or successors, regardless of whether such damages are caused by either party’s breach of contract, willful misconduct, negligent act or omission, or other wrongful actrelated to this Agreement.
Appears in 1 contract
Samples: Optional Service Delivery Agreement (Global Decisions Group LLC)