Damage Disclaimer. EXCEPT AS PROVIDED BELOW IN THIS ARTICLE VI, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR SPECIAL DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE, ARISING OUT OF THIS AGREEMENT, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Damage Disclaimer. Refurbisher releases MS from all liability including any claim for indemnification or contribution. MS shall not be liable under this agreement for any economic damages including: loss of profits or revenues; business interruption; and loss of business information or data.
Damage Disclaimer. Except as provided below in this Article VI, in no event shall either party be liable for any consequential, indirect, incidental, punitive, or special damages whatsoever, including without limitation, damages for loss of business profits, business interruption, loss of business information, and the like, arising out of this agreement, even if such party has been advised of the possibility of such damages. This provision shall not apply with respect to damages or losses arising from infringement, misappropriation, unauthorized use, or unauthorized disclosure of the Crowdfunding Platform or any Licensor Intellectual Property, or with respect to fraud with intent to deceive, willful misrepresentation, and willful misconduct.
Damage Disclaimer. THE EXPRESS REMEDIES AND MEASURES OF DAMAGES PROVIDED IN THIS AGREEMENT SATISFY THE ESSENTIAL PURPOSES HEREOF. FOR BREACH OF ANY PROVISION FOR WHICH AN EXPRESS REMEDY OR MEASURE OF DAMAGES IS PROVIDED, SUCH EXPRESS REMEDY OR MEASURE OF DAMAGES SHALL BE THE SOLE AND EXCLUSIVE REMEDY. THE OBLIGOR'S LIABILITY SHALL BE LIMITED AS SET FORTH IN SUCH PROVISION AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY ARE WAIVED. IN NO EVENT SHALL ANY PARTY BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR REVENUE, LOSS OF THE USE OF EQUIPMENT, COST OF CAPITAL, COST OF TEMPORARY EQUIPMENT OR SERVICES, WHETHER BASED ON BREACH OF CONTRACT, NEGLIGENCE, GROSS NEGLIGENCE, WILLFUL MISCONDUCT, STRICT LIABILITY OR OTHER CAUSES OF ACTION. ALL PAYMENTS DUE FOR SERVICES UNDER THIS AGREEMENT AND ALL COSTS, EXPENSES AND PAYMENTS DUE UNDER ARTICLE 5.4.8 SHALL BE DEEMED TO CONSTITUTE DIRECT (NOT SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL) DAMAGES FOR PURPOSES OF THIS ARTICLE 20.3. THE PROVISIONS AND DISCLAIMERS OF THIS ARTICLE 20.3 SHALL NOT APPLY TO CLAIMS FOR PERSONAL INJURY OR DEATH AND SHALL NOT APPLY TO ARTICLE 11.3.2 AND ARTICLE
Damage Disclaimer. 88 Section 14.3 Limitations Valid in All Events...........................................................89 Section 14.4
Damage Disclaimer. (a) In no event shall Contractor or Subcontractors be liable to Owner under any theory of recovery, whether based on contract, on tort (including negligence of any kind), on strict liability, or otherwise, for replacement power or for any consequential, indirect, special or incidental damages resulting in any way from or in connection with this Agreement, whether such act or omission constitutes a breach of this Agreement or results in a different cause of action. The limitation on Contractor's liability as set forth in this Section 14.2(a) shall not apply to claims based upon:
(i) willful misconduct, gross negligence or fraud by Contractor or any Subcontractor,
(ii) tortious interference by Contractor with Construction Lender,
(iii) claims for bodily injury, death or damage to property of third parties, including strict liability or tort liability, subject to indemnification under Article 17. The limitations on Contractor's liability set forth in this Section 14.2(a) shall not affect Contractors liability for the payment of liquidated damages under this Agreement. Notwithstanding any provision to the contrary in this Agreement, Contractor shall not be liable to Owner for consequential damages of any kind arising from the acts or omissions of, or breach of contract by, General Electric Company under the Turbine Contract to the extent that General Electric Company is not liable to Contractor for such consequential damages under the Turbine Contract.
(b) In no event shall Owner be liable to Contractor or its Subcontractors under any theory of recovery, whether based on contract, on tort (including negligence of any kind), on strict liability, or otherwise, for losses or damages caused by loss of profit or any consequential damages resulting in any way from or in connection with this Agreement, whether such act or omission constitutes a breach of this Agreement or results in a different cause of action.
(c) Contractor's total liability to Owner for all claims, losses, damages, and expenses resulting in any way from the performance or breach of this Agreement, other than third party claims for bodily injury, death or damage to property, which are, subject to indemnification under Article 17, shall not exceed the Guaranteed Lump Sum Price, as adjusted pursuant to this Agreement. Liabilities of Contractor which are reimbursed or paid from the proceeds of any "All Risk Builder's Risk" insurance policy shall not reduce Contractor's maximum liability under this Sec...
Damage Disclaimer. Except as otherwise expressly provided by this Agreement, NEITHER PARTY IS LIABLE TO THE OTHER PARTY FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY OR SERVICES; CONSEQUENTIAL LOSS OF BUSINESS PROFITS; BUSINESS INTERRUPTIONS AND LOSS OF INFORMATION, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGE.
Damage Disclaimer. EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, PAYOR EXPRESSLY AGREES THAT KYCKGLOBAL SHALL NOT BE LIABLE FOR ANY LOSS (HOWEVER OCCURRING, INCLUDING NEGLIGENCE), ARISING FROM OR RELATED TO: (A) PAYOR’S FAILURE TO PROPERLY ACTIVATE, INTEGRATE OR SECURE ANY ACCOUNT; (B) FRAUDULENT TRANSACTIONS PROCESSED BY FULFILLMENT PARTNERS; (C) DISRUPTION OF SERVICES, SYSTEMS, SERVER OR THE WEB PORTAL BY ANY MEANS, INCLUDING WITHOUT LIMITATION, SOFTWARE VIRUSES, TROJAN HORSES, WORMS, TIME BOMBS, OR ANY OTHER TECHNOLOGY; (D) ACTIONS OR INACTIONS BY ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION, A FULFILLMENT PARTNER, PAYMENT PROCESSOR OR BANK; OR (E) THE LIMITATION OF THE FUNCTIONING OF ANY SERVICES, SOFTWARE, HARDWARE, OR EQUIPMENT ASSOCIATED THEREWITH.
Damage Disclaimer. To the extent permitted by applicable law, the liability of RDMartin, its agents, employees and other personnel, officers, directors, members, successors or assigns for damages, whether for breach of this Agreement, breach of warranty or otherwise shall be limited to an amount equal to the fees paid to RDMartin by Client, whether the liability arises from contract, tort or other claims. RDMartin shall not be liable for any incidental, consequential or special damages which may arise from this Agreement, including without limitation costs or procurement of substitute services nor for any lost profits, lost business, loss of use of data or interruption of business arising out of any breach of this Agreement or any Services performed by RDMartin or Assigned Personnel.
Damage Disclaimer. Refurbisher releases MS from all liability including any claim for indemnification or contribution. MS shall not be liable under this agreement for any economic damages including: loss of profits or revenues; business interruption; and loss of business information or data. MS shall not be liable under this agreement for any consequential, special, incidental, indirect, or punitive damages even if MS has been advised of the possibility of the damages. This exclusion of liability applies in the event of fault, tort (including negligence), misrepresentation, strict or product liability. Refurbisher acknowledges that all exclusions of liability and any subsequent damages shall apply even if any remedies fail of their essential purpose. If MS contributes to the loss or damage of the Refurbisher, which by law cannot be excluded by this agreement, the loss or damage shall be limited to Refurbisher’s direct damages as a result of a reasonable reliance upon MS. These direct damages are limited to the amount paid by the Refurbisher under this agreement.
