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.
Appears in 4 contracts
Samples: Feedstock Supply Agreement, Ethylene Sales Agreement (Westlake Chemical Partners LP), Feedstock Supply Agreement (Westlake Chemical Partners LP)
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 negligencexxxxxxxxxx), strict xxxxxx 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.
Appears in 2 contracts
Samples: Ethylene Sales Agreement, Ethylene Sales Agreement (Westlake Chemical Partners LP)
Consequential Loss or Damage. Notwithstanding any other provision of this AgreementExcept for Sections 3(a), 4(b), 7(b) and 7(c), 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.
Appears in 1 contract
Samples: Plastic Retrieval Services Agreement
Consequential Loss or Damage. Notwithstanding any other provision anything contained in this Agreement but without prejudice to the express remedies set forth herein and the indemnity obligations of this Agreementthe Parties under Section 23.1, no neither Party shall be liable to the other Party for or in respect of any consequential loss or damage, including any claim, demand or action made or brought against the other Party by a third party, or for special or punitive damages or loss of profits or business interruption, suffered or incurred by any the 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 from 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.
Appears in 1 contract
Samples: LNG Sale and Purchase Agreement