Damage Limitation. IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND INCLUDING, BUT NOT LIMITED TO LOST PROFITS, LOSS OF GOODWILL OR BUSINESS INTERRUPTION, ARISING OUT OF THIS AGREEMENT.
Appears in 7 contracts
Samples: Omnibus Asset Servicing Agreement (BBX Capital Corp), Servicing Agreement (Prosper Funding LLC), Servicing Agreement (Prosper Funding LLC)
Damage Limitation. IN NO EVENT WILL EITHER ANY PARTY BE LIABLE TO THE OTHER OTHERS FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND INCLUDING, BUT NOT LIMITED TO LOST PROFITS, LOSS OF GOODWILL OR BUSINESS INTERRUPTION, ARISING OUT OF THIS AGREEMENT.
Appears in 4 contracts
Samples: Administration Agreement (Prosper Funding LLC), Administration Agreement (Prosper Funding LLC), Administration Agreement (Prosper Funding LLC)
Damage Limitation. IN NO EVENT WILL EITHER SHALL ANY PARTY BE LIABLE TO THE ANY OTHER PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND INCLUDING, BUT NOT LIMITED TO LOST PROFITS, LOSS OF GOODWILL OR BUSINESS INTERRUPTIONINTERRUPTION (EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE LIKELIHOOD OF SUCH LOSS OR DAMAGE AND REGARDLESS OF THE FORM OF ACTION), ARISING OUT OF THIS AGREEMENT.
Appears in 1 contract
Samples: Servicing Agreement (Bayview Mortgage Capital, Inc.)
Damage Limitation. IN NO EVENT WILL EITHER SHALL ANY PARTY HERETO BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIAL, INCIDENTAL EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND DAMAGES, INCLUDING, BUT NOT LIMITED TO WITHOUT LIMITATION, LOST PROFITS, LOSS EVEN IF ADVISED OF GOODWILL OR BUSINESS INTERRUPTION, ARISING OUT THE POSSIBILITY OF THIS AGREEMENTSUCH DAMAGES.
Appears in 1 contract
Samples: Membership Agreement