Consequential Loss or Damage. Notwithstanding any other provision of this Agreement, no Party shall be liable to the other Party for or in respect of any consequential loss or damage, special or punitive damages or loss of profits or business interruption, suffered or incurred by any other Party arising out of, in connection with, or resulting from, this Agreement, whether any claim for such loss or damage is based on tort (including negligence), strict liability, contract (including breach of or failure to perform this Agreement or the breach of any representation or warranty hereunder, whether express or implied) or otherwise, except as provided in Section 12.2.
Consequential Loss or Damage. We shall not be liable to you and you waive and release any claim against us for consequential loss or damage (including but not limited to loss of revenue or profit, (actual or anticipated), loss of use of capital, delay costs) suffered by you or any of your related bodies corporate, however and whenever arising and whether arising under or out of this agreement.
Consequential Loss or Damage. Notwithstanding any other provision of this Agreement to the contrary, no Party shall be liable to the other Party for or in respect of:
(a) any consequential loss or damage, including loss of profits or business interruption; or
(b) any special, incidental or punitive damages suffered or incurred by the other Party or any Person resulting from breach of or failure to perform this Agreement or the breach of any representation or warranty hereunder, whether express or implied, and whether such damages are claimed under breach of warranty, breach of contract, tort, or other theory or cause of action at law or in equity, except to the extent such damages have been awarded to a third party and are subject to allocation between or among the parties to the Dispute. For purposes of this Agreement, any amounts payable by Customer to its Gas purchasers or Gas suppliers for replacement Gas or other similar Liabilities shall be deemed to be a consequential loss or damage.
Consequential Loss or Damage. Notwithstanding any provision in this Agreement to the contrary, the Agents shall not in any event be liable for indirect, punitive or consequential loss or damage of any kind whatsoever (including but not limited to lost profits), whether or not foreseeable, even if the Agents have been advised of the likelihood of such loss or damage and regardless of whether the claim for loss or damage is made in negligence or otherwise.
Consequential Loss or Damage. Except for liquidated damages payable by the Processors to ASM as set out in Clause 6 above, all liability for consequential loss (including loss of profit) is agreed by the Parties to be excluded.
Consequential Loss or Damage. Except in the case of intent, ADM’s liability for indirect and con- sequential loss or damage in particular loss of profit, is excluded.
Consequential Loss or Damage. Notwithstanding any provision to the contrary in these Terms, none of us or our Related Bodies Corporate (Gold Corporation Group) shall be liable to you and you waive and release any claim against any member of the Gold Corporation Group for consequential loss or damage (including but not limited to loss of revenue or profit, (actual or anticipated), loss of use of capital, delay costs) suffered by you or any of your Related Bodies Corporate, however and whenever arising and whether arising under or out of these Terms.
Consequential Loss or Damage. Searchwood Limited T/A Comsco shall not be liable to Customer under contract, tort or otherwise for any indirect, consequential or special loss or damage, including, without limitation, loss of profits, revenues or other economic loss, whether or not foreseeable arising from the sale and/or rental of the Equipment, the non-delivery of the Equipment or the provision of or failure to provide the Services, or for any claim made against Customer by any other party, whether or not foreseeable.
Consequential Loss or Damage. Except as expressly stated otherwise in this Contract, neither the Other Party and/or the Other Party Group nor Wintershall and/or Wintershall Group shall be liable to the other for any indirect or consequential loss or damage which may be suffered by the other in connection with the performance of the Service, including but not limited to loss of use, loss of profits, loss of production, loss of revenue or business interruption, unless and to the extent such loss or damage was caused by gross negligence or wilful conduct.
Consequential Loss or Damage. Architect waives claims against Cherokee Nation Entertainment for consequential loss or damage arising out of or relating to this Architect’s Agreement. This includes damages incurred by Architect for principal office expenses including compensation of personnel stationed there; for loss of financing, business, and reputation; for loss of profit; and for loss of indirect office overhead or Eichleay formula damages caused by delays in the Project.
