Consequential or Punitive Damages Clause Samples
The Consequential or Punitive Damages clause limits or excludes a party’s liability for certain types of damages that may arise from a contract breach. Specifically, it prevents either party from claiming compensation for indirect losses (such as lost profits or business opportunities) or for punitive damages, which are intended to punish rather than compensate. By setting these boundaries, the clause helps manage risk exposure and provides predictability in the event of a dispute, ensuring that liability is confined to direct damages and not extended to more speculative or excessive claims.
POPULAR SAMPLE Copied 22 times
Consequential or Punitive Damages. Except as otherwise expressly set forth in Section 11.2, neither Party shall be liable to the other Party for special, incidental, exemplary, indirect, punitive or consequential damages arising out of a Party’s performance or non- performance under this Agreement, whether based on or claimed under contract, tort (including such Party’s own negligence) or any other theory at law or in equity.
Consequential or Punitive Damages. Notwithstanding any other provision of this Agreement, neither Party shall, in any event, be liable to the other Party for any consequential damages, including loss of revenue or income or loss of business reputation or opportunity relating to the breach or alleged breach of any representation or warranty under Section 11.2(a) (other than loss of revenue or income proximately caused by, and reasonably foreseeable in connection with, the breach of any representation or warranty made in Section 3.4(a) with respect to the unaudited historical statements of revenues, costs and expenses of the Business for the calendar years ended December 31, 2002 and December 31, 2003) or for any punitive or exemplary damages; provided, however, that foregoing shall not be interpreted to limit indemnification for any damages assessed in favor of a Third Party in connection with a Third-Party Claim against an Indemnified Person, to the extent the Indemnified Person is otherwise entitled to indemnification hereunder.
Consequential or Punitive Damages. Except as ------------- expressly provided in this Agreement, the Parties hereto waive any and all rights, claims, or causes of action arising under this Agreement for incidental, consequential or punitive damages. Any damages resulting from a breach of this Agreement by either Party shall be limited to actual damages incurred by the Party claiming damages.
Consequential or Punitive Damages. No consequential or punitive damages shall be payable on any claims arising out of the performance of non-performance of obligations under the Agreement, either by the City or Company.
Consequential or Punitive Damages. Neither Lender nor Borrower nor any of their respective representatives, agents or attorneys, shall be liable for any consequential or punitive damages arising from any breach of contract, tort or other wrong relating to the transactions contemplated by this Agreement, or any of the Loan Documents, or establishment, administration or collection of the Obligations.
Consequential or Punitive Damages. Neither party hereunder be liable to the other party for consequential or punitive damages as a result of breach of a party’s obligations under this Lease.