Common use of Consequential Damages Clause in Contracts

Consequential Damages. No party will be liable to the other party for incidental, special, indirect or consequential damage, or loss of profits, income, use or other benefits, arising out of or in connection with the performance of its obligations under this Agreement or any failure of such performance; unless such damage or loss is subject to the indemnification provisions of this Agreement or arises from that party’s gross negligence or willful misconduct.

Consequential Damages. No party will Except as otherwise specified in this Section, in no event shall either Party be liable to the other party Party for any special, indirect, incidental, specialconsequential, indirect or consequential damagepunitive, or exemplary damages, including loss of profitsprofits or revenues, incomewhether a Claim for that liability or Damages is premised upon breach of contract, use or other benefitsbreach of warranty, arising out of or in connection with the performance of its obligations under this Agreement negligence, strict liability, or any failure other theories of such performance; unless such damage liability, even if the Party was appraised of the possibility or loss is subject to the indemnification provisions likelihood of this Agreement or arises from that party’s gross negligence or willful misconductthose damages occurring.

Consequential Damages. No party will Neither Party shall be liable to the other party Party for incidental, any special, indirect consequential or consequential damagepunitive damages, loss of profit, loss of customers, loss of revenues, loss of productivity, loss of goodwill or loss of profits, income, use or other benefits, arising out of the performance, breach or in connection with the performance of its obligations under this Agreement or any failure of such performance; unless such damage or loss is subject to the indemnification provisions nonperformance of this Agreement or arises from by such Party, irrespective of any legal theory under which the same may otherwise be asserted, except to the extent that party’s gross negligence or willful misconductthird party claims with respect to which a Party is indemnified hereunder are deemed to constitute such damages.

Consequential Damages. No party will Notwithstanding anything herein to the contrary, neither Party shall be liable to the other party Party for incidental, special, indirect or consequential damage, damages resulting from or loss of profits, income, use or other benefits, arising out of this Agreement, including, without limitation, loss of profits or in connection with the performance of its obligations under this Agreement or any failure of such performance; unless such damage or loss is subject to the indemnification provisions of this Agreement or arises from that party’s gross negligence or willful misconductbusiness interruptions, however they may be caused.

Consequential Damages. No party will In no event shall either Party be liable to for the other’s indirect, special or consequential damages suffered or incurred by or on behalf of the other party for incidental, special, indirect or consequential damage, or loss of profits, income, use or other benefitsParty in connection with, arising out of of, or in connection with any way connected to the performance of its obligations under Project, this Agreement or any failure of such performance; unless such damage Service or loss is subject to the indemnification provisions of this Agreement or arises from that party’s gross negligence or willful misconducttransaction contemplated herein.

Consequential Damages. No party will In no event shall either Party be liable to the other party liable, whether under this Agreement or otherwise, for incidental, special, any indirect or consequential damage, or damages (including without limitation loss of profits, incomeloss of opportunity, use or interruption of business, loss of goodwill, and the costs of cover), suffered by the other benefits, Party and arising out of or in connection with the performance of its obligations under this Agreement or any failure of such performance; unless such damage or loss is subject to the indemnification provisions breach of this Agreement or arises from that party’s gross negligence or willful misconductout of any dispute relating thereto.

Consequential Damages. No party In no event will either Party be liable to the other party for any type of incidental, special, exemplary, punitive, indirect or consequential damagedamages, including, but not limited to, lost revenue, lost profits, replacement goods, loss of technology, rights or services, loss of data, or interruption or loss of profitsuse of service or equipment, income, use or other benefits, arising out even if such Party was advised of or in connection with the performance of its obligations under this Agreement or any failure possibility of such performance; unless such damage damages, and whether arising under theory of contract, tort, strict liability or loss is subject to the indemnification provisions of this Agreement or arises from that party’s gross negligence or willful misconductotherwise.

Consequential Damages. No party will In no event shall either Party be liable to for the other party for incidentalother’s indirect, special, indirect incidental, punitive or consequential damage, damages suffered or loss incurred by or on behalf of profits, income, use or the other benefitsParty in connection with, arising out of of, or in connection with any way connected to the performance of its obligations under Project, this Agreement or any failure of such performance; unless such damage Service or loss is subject to the indemnification provisions of this Agreement or arises from that party’s gross negligence or willful misconducttransaction contemplated herein.

Consequential Damages. No party will be liable In no event shall a Party have any liability whatsoever to the other party Party for incidentalany indirect, special, indirect consequential, incidental or consequential damagepunitive damages, or including loss of profits, income, use anticipated profits or revenue or other benefits, arising out of or economic loss in connection with the performance of its obligations under this Agreement or any failure of such performance; unless such damage or loss is subject to the indemnification provisions of this Agreement or arises arising from that party’s gross negligence or willful misconduct.anything said,

Consequential Damages. No party In no event will either Party be liable to the other party Party for incidental, special, indirect or indirect, consequential damage, or (including loss of profits), income, use or other benefits, punitive damages resulting from or arising out of or in connection with the performance this Agreement, regardless of its obligations under this Agreement or any failure of such performance; unless such damage or loss is subject to the indemnification provisions of this Agreement or arises from that party’s gross negligence or willful misconductcause.

Consequential Damages. No party will Neither Party shall be liable to the other party for incidentalfor, specialand each Party shall hold harmless and indemnify the other against, real, indirect or consequential damagedamages resulting from or arising out of this Agreement, or including without limitation, loss of profits, income, loss of use or other benefitsbusiness interruptions, arising out of or in connection with however same may be caused; provided however, the performance of its obligations under forgoing limitations shall not apply to any Party that breaches this Agreement or any failure of such performance; unless such damage or loss is subject due to the indemnification provisions of this Agreement or arises from that party’s gross negligence or willful misconductnegligence.

Consequential Damages. No Neither party will hereto shall be liable to the other party for any indirect, incidental, consequential, special, indirect or consequential damageexemplary damages arising from or related to this agreement (even if such party has been advised of the possibility of such damages) such as, or but not limited to, loss of profits, income, use revenue or other benefits, arising out of anticipated profits or in connection with the performance of its obligations under this Agreement or any failure of such performance; unless such damage or loss is subject to the indemnification provisions of this Agreement or arises from that party’s gross negligence or willful misconductlost business.

Consequential Damages. 15.1. No party will Party shall be liable to the any other party Party for any indirect, incidental, special, indirect special or consequential damage, or damages (including loss of anticipated profits, incomebusiness interruption, use good will or other benefits, economic or commercial loss) arising out of or in connection with the performance of its obligations under undertakings called for by this Agreement or any failure of such performance; unless such damage or loss is subject to the indemnification provisions of this Agreement or arises from that party’s gross negligence or willful misconductappendices.

Consequential Damages. No party will be liable to the Notwithstanding any other party for incidental, special, indirect or consequential damage, or loss provision of profits, income, use or other benefits, arising out of or in connection with the performance of its obligations under this Agreement or any failure of such performance; unless such damage or loss is subject other Transaction Document to the indemnification provisions contrary, no Party shall be liable to any other Party (or its Affiliates) for special, indirect, punitive or consequential damages, including lost profits and opportunity costs (except in each case to the extent assessed in connection with claims by other Persons), resulting from or arising out of a breach of this Agreement or arises from that party’s any other Transaction Document (except where such breach is a result of fraud or gross negligence or willful misconductof such Party).

Consequential Damages. No party Anything herein to the contrary notwithstanding, no Party will be liable to for any lost profits or business or other indirect, incidental or consequential losses or damages which may be suffered or incurred by the other party for incidental, special, indirect or consequential damage, or loss Party by reason of profits, income, use or other benefits, arising out of or in connection with the performance of its obligations under this Agreement any breach hereunder or any failure of such performance; unless such damage or loss is subject to the indemnification provisions of this Agreement or arises from that party’s gross negligence or willful misconductother cause.

Consequential Damages. No party will In no event shall either Party be liable to the other party Party under any provision of this Agreement for any losses, damages, costs or expenses for any special, indirect, incidental, specialconsequential, indirect multiple or consequential damagepunitive damages, or loss of profitsprofit or revenue, income, use attorneys fees or other benefits, costs arising out of or connected in connection any way with the performance of its obligations or non-performance under this Agreement Agreement, loss of the use of equipment, cost of capital, cost of temporary equipment or services, whether based in whole or in part in contract, in tort, including negligence, strict liability, or any failure other theory of such performance; unless such damage or loss is subject to the indemnification provisions of this Agreement or arises from that party’s gross negligence or willful misconductliability.

Consequential Damages. No Neither party will be liable to the other party for incidentalfor, any form of indirect, special, indirect punitive, exemplary, incidental or consequential damageor similar cost, expense, damages or losses, including, but not limited to, loss of profitsanticipated profit, incomeunabsorbed overhead, use or lost productivity, idle resources, lost business, business interruptions and lost opportunity to work on other benefits, arising out of or in connection with projects (“Consequential Damages”) beyond the performance of its obligations under amount covered by insurance and limited by this Agreement or any failure of such performance; unless such damage or loss is subject to the indemnification provisions of this Agreement or arises from that party’s gross negligence or willful misconductAgreement.

Consequential Damages. No party will be liable to the other party for incidental, special, indirect or consequential damage, or loss of profits, income, use or other benefits, arising out of or in connection with the performance of its obligations under this Agreement or any failure of such performance; unless such damage or loss is subject to the indemnification provisions of this Agreement or arises from that party’s 's gross negligence or willful misconduct.

Consequential Damages. No party will In no event other than indemnity shall any Party be liable to the any other party for incidental, special, indirect or consequential damage, or loss of profits, income, use or other benefits, arising out of or in connection with the performance of its obligations Party under this Agreement or any failure of such performance; unless such damage or loss is subject to the indemnification provisions provision of this Agreement for any losses, damages, costs or arises from expenses for any special, indirect, incidental, consequential, or punitive damages, including but not limited to loss of profit or revenue, loss of the use of equipment, cost of capital, cost of temporary equipment or services, whether based in whole or in part in contract, in tort, including negligence, strict liability, or any other theory of liability; provided, however, that party’s gross negligence or willful misconduct.damages for which any Party may be liable

Consequential Damages. No party Neither Party will be liable to the other party for incidentalany damage, specialcost, indirect expense, injury, loss or other liability of an indirect, special or consequential nature suffered by the other Party or claimed by any third party against the other Party, howsoever arising (including negligence). Without limiting the generality of the foregoing, damage, injury or loss of an indirect, special or consequential nature shall include loss of revenue, loss of profits, incomeloss of production, loss of earnings, loss of contract, cost of capital and loss of use of any facilities or other benefits, arising out of or in connection with the performance of its obligations under this Agreement property or any failure of such performance; unless such other similar damage or loss is subject to the indemnification provisions of this Agreement or arises from that party’s gross negligence or willful misconductwhatsoever.

Consequential Damages. No party will In no event shall any Party be liable to for the other party for incidentalother’s indirect, special, indirect special or consequential damagedamages including, but not limited to, lost profits or loss revenue, home office overhead, lost business opportunity, and impairment of profits, income, use or other benefits, arising out of or bonding capacity in connection with the performance of its obligations under this Agreement or any failure of such performance; unless such damage or loss is subject to the indemnification provisions of this Agreement or arises from that party’s gross negligence or willful misconductAgreement.

Consequential Damages. No party Notwithstanding any other provision in this Agreement to the contrary, no Party will be liable to the any other party Party or its Affiliates or their respective owners, officers, employees, agents and representatives whether in contract, warranty, tort (including negligence), strict liability or otherwise for incidentalany consequential, special, incidental, or indirect loss or consequential damage, or including loss of profits, income, use or other benefits, arising out of or in connection with the performance of its obligations under this Agreement or any failure of such performance; unless such damage or loss is subject to the indemnification provisions of this Agreement or arises from that party’s gross negligence or willful misconduct.

Consequential Damages. No In no event shall either party will be liable to for any special, incidental, indirect, speculative, remote, or consequential damages arising from, relating to, or connected with the work, equipment, materials, or any goods or services provided hereunder. Each Party waives claims against the other party Party for incidental, special, indirect or consequential damage, or loss of profits, income, use or other benefits, damages arising out of or in connection with the performance of its obligations under relating to this Agreement or any failure of such performance; unless such damage or loss is subject to the indemnification provisions of this Agreement or arises from that party’s gross negligence or willful misconductAgreement.

Consequential Damages. No Except in connection with a Party’s indemnification obligations hereunder applicable to third party will claims, in no event shall any Party hereto be liable to the other party Party for consequential, incidental, punitive, special, exemplary or indirect damages or consequential damageexpenses (including, without limitation, lost profits or other economic loss, lost reimbursements, lost data, or loss lost savings), even if such Party was advised of profits, income, use or other benefits, arising out the possibility of or in connection with the performance of its obligations under this Agreement or any failure occurrence of such performance; unless such damage or loss is subject to the indemnification provisions of this Agreement or arises from that party’s gross negligence or willful misconductdamages.

Consequential Damages. No In no event shall either party will be liable to the other party for any loss of profits; any incidental, special, indirect exemplary, or consequential damagedamages, or loss even if the party has been advised of profits, income, use or other benefits, arising out of or in connection with the performance of its obligations under this Agreement or any failure possibility of such performance; unless such damage claims or loss demands. This limitation of liability is subject intended to the indemnification apply without regard to whether other provisions of this Agreement have been breached or arises from that party’s gross negligence or willful misconducthave proven ineffective.

Consequential Damages. No party will In no event shall a Party be liable to the other party Party for incidentalany consequential, special, incidental or indirect or consequential damage, or loss damages of profits, income, use or other benefits, any kind arising out of the use of the Data or in connection with the performance termination of its obligations under this Agreement or any failure Agreement, even if the Party has been advised of the possibility of such performance; unless such damage or loss is subject to the indemnification provisions of this Agreement or arises from that party’s gross negligence or willful misconductdamages.

Consequential Damages. No party will In no event shall any Party be liable to the any other party Party for incidental, special, indirect or consequential damage, damages suffered by the other Party resulting from or loss of profits, income, use or other benefits, arising out of this Agreement, including, without limitation, loss of profit, loss of use or in connection with business interruptions, however the performance of its obligations under this Agreement or any failure of such performance; unless such damage or loss is subject to the indemnification provisions of this Agreement or arises from that party’s gross negligence or willful misconductsame may be caused.

Consequential Damages. No In no event will either party will be liable to have any ---------------------- liability, whether based in contract, tort (including negligence), warranty or other legal or equitable grounds, for any loss of interest, profit or revenue by the other party or for any consequential, indirect, incidental, special, indirect punitive or consequential damage, or loss of profits, income, use or exemplary damages suffered by the other benefitsparty, arising out from or related to this Agreement, even if such party has been advised of or in connection with the performance of its obligations under this Agreement or any failure possibility of such performance; unless such damage losses or loss is subject to the indemnification provisions of this Agreement or arises from that party’s gross negligence or willful misconductdamages.

Consequential Damages. No party will In no event shall either Party be responsible or liable to the other party Party for incidentalanticipatory profits or any indirect, special, indirect incidental, or consequential damage, damages of any kind or loss of profits, income, use nature arising directly or other benefits, arising out of or indirectly in connection with the performance of its obligations under this Agreement or any failure of such performance; unless such damage or loss is subject to the indemnification provisions breach of this Agreement or arises from that party’s gross negligence the construction, use, or willful misconductoperation of the Premises or the exercise of any rights related thereto, whether based on an action or claim in contract or tort, including negligence, strict liability, or otherwise.

Consequential Damages. No party will be liable Except as to the other party breach of confidentiality obligations, no Party is responsible to another Party for incidentallost profits or consequential, special, indirect or consequential damagepunitive, or loss of profits, income, use or other benefits, indirect damages arising out of of, relating to, or in connection with the performance of its obligations under this Agreement or any failure of such performance; unless such damage or loss is subject to the indemnification provisions of this Agreement or arises from that party’s gross negligence or willful misconductAgreement.

Consequential Damages. No Notwithstanding anything to the contrary herein, --------------------- neither party will shall be liable to the other party for incidental, special, indirect consequential loss or consequential damage, or including, but not limited to, loss of profits, income, use or damage resulting from loss of use, loss of revenue, loss of profit, loss of goodwill, cost of capital, claims of a party's customers, or increased cost of alternate facilities, regardless of legal theory or negligence, and each party hereby releases the other benefits, arising out of or in connection with the performance of its obligations under this Agreement or any failure of such performance; unless such damage or loss is subject to the indemnification provisions of this Agreement or arises from that party’s gross negligence or willful misconductparty therefrom. ARTICLE IX INSURANCE ---------

Consequential Damages. No party will In no event shall any Party be liable to the other party for incidentalpunitive, consequential, special, indirect incidental or consequential damagesimilar damages, or loss of including lost profits, income, use or other benefits, arising out of under or in connection with the performance of its obligations under this Agreement or the transactions contemplated hereby, regardless of whether a claim is based on contract, tort, strict liability or any failure of other legal or equitable principle, and each Party releases the other from liability for any such performance; unless such damage or loss is subject damages. No Party shall be entitled to the indemnification provisions rescission of this Agreement as a result of breach of any other Party’s representations, warranties, covenants or arises from that party’s gross negligence agreements, or willful misconductfor any other matter.

Consequential Damages. No In no event will any party will be liable to the any other party for incidentalany indirect, special, indirect incidental, punitive, exemplary or consequential damagedamages of any kind, or including any damages for loss of profitsprofits or business or revenue, incomefailure to realize expected savings, use loss of use, business interruption, loss of data or other benefitscost of recovery, arising out of or however derived, in connection with the performance of its obligations under or related to this Agreement or any failure of such performance; unless such damage or loss is subject to the indemnification provisions of this Agreement or arises from that party’s gross negligence or willful misconductAgreement.

Consequential Damages. No party Under no circumstances whatsoever will either Party be liable to the other party for incidentalParty in connection with this Agreement in contract, specialtort, indirect or consequential damagenegligence, breach of statutory duty, or otherwise for (i) any (direct or indirect) loss of profits, incomeof production, use of anticipated savings, of business, or goodwill or (ii) for any other benefitsliability, arising out damage, costs, or expense of any kind incurred by the other Party of an indirect or in connection with consequential nature, regardless of any notice of the performance possibility of its obligations under this Agreement or any failure of such performance; unless such damage or loss is subject to the indemnification provisions of this Agreement or arises from that party’s gross negligence or willful misconductthese damages.