Common use of Damages Waiver Clause in Contracts

Damages Waiver. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS A RESULT OF COMMON LAW FRAUD OR WILLFUL MISCONDUCT WITH RESPECT TO MATTERS ADDRESSED HEREIN, NEITHER BUYER NOR SELLERS SHALL BE LIABLE TO THE OTHER, OR THEIR RESPECTIVE AFFILIATES, FOR ANY CLAIMS, DEMANDS OR SUITS FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT OR MULTIPLE DAMAGES, FOR LOSS OF PROFITS, REVENUE OR INCOME, DIMINUTION IN VALUE OR LOSS OF BUSINESS OPPORTUNITY (WHETHER OR NOT FORESEEABLE ON THE CLOSING DATE), CONNECTED WITH OR RESULTING FROM ANY BREACH OF THIS AGREEMENT, OR ANY ACTIONS UNDERTAKEN IN CONNECTION HEREWITH, OR RELATED HERETO, INCLUDING ANY SUCH DAMAGES WHICH ARE BASED UPON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND MISREPRESENTATION), BREACH OF WARRANTY, STRICT LIABILITY, STATUTE, OPERATION OF LAW OR ANY OTHER THEORY OF RECOVERY.

Damages Waiver. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS A RESULT OF COMMON LAW FRAUD OR WILLFUL MISCONDUCT WITH RESPECT TO MATTERS ADDRESSED HEREINCONTRARY, NEITHER BUYER NOR SELLERS SHALL PARTY WILL BE LIABLE TO THE OTHER, OTHER PARTY FOR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER OR THEIR RESPECTIVE AFFILIATESOFFICERS, FOR DIRECTORS, EMPLOYEES AND AGENTS, OR TO ANY CLAIMS, DEMANDS OR SUITS FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT OR MULTIPLE DAMAGES, THIRD PARTIES FOR LOSS OF PROFITS, REVENUE OR INCOME, DIMINUTION IN VALUE OR LOSS OF BUSINESS OPPORTUNITY (WHETHER OR NOT FORESEEABLE ON THE CLOSING DATE), CONNECTED WITH OR RESULTING FROM ANY BREACH DAMAGE ARISING OUT OF THIS AGREEMENT, LOST PROFITS OR SIMILAR ECONOMIC LOSS FOR ANY ACTIONS UNDERTAKEN IN CONNECTION HEREWITHCONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT OR RELATED HERETOPUNITIVE DAMAGES, REGARDLESS OF THE FORM OF ACTION, INCLUDING ANY SUCH DAMAGES WHICH ARE BASED UPON BUT NOT LIMITED TO, ACTIONS FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND MISREPRESENTATION), BREACH OF WARRANTYNEGLIGENCE, STRICT LIABILITY, STATUTEAND BREACH OF WARRANTY WHETHER IN CONTRACT, OPERATION TORT OR OTHERWISE, IN ANY WAY ARISING OUT OF LAW OR IN CONNECTION WITH THE USE OR PERFORMANCE OF, OR ANY OTHER THEORY FAILURE OR DELAY IN PROVIDING THE SERVICES, HOWEVER CAUSED, EVEN IF SUCH PARTY HAS BEEN ADVISED OF RECOVERYTHE POSSIBILITY OF SUCH DAMAGES.

Damages Waiver. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS A RESULT OF COMMON LAW FRAUD OR WILLFUL MISCONDUCT WITH RESPECT TO MATTERS ADDRESSED HEREINTHE EXTENT PAID OR PAYABLE PURSUANT TO A THIRD PARTY CLAIM, NEITHER BUYER NOR SELLERS SELLER SHALL BE LIABLE TO THE OTHER, OR THEIR RESPECTIVE AFFILIATES, FOR ANY CLAIMS, DEMANDS OR SUITS FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT OR MULTIPLE DAMAGES, FOR LOSS OF PROFITS, REVENUE OR INCOME, DIMINUTION IN VALUE OR LOSS OF BUSINESS OPPORTUNITY (WHETHER OR NOT FORESEEABLE ON AT THE CLOSING EXECUTION DATE), CONNECTED WITH OR RESULTING FROM ANY BREACH OF THIS AGREEMENT, OR ANY ACTIONS UNDERTAKEN IN CONNECTION HEREWITH, OR RELATED HERETO, INCLUDING ANY SUCH DAMAGES WHICH ARE BASED UPON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND MISREPRESENTATION), BREACH OF WARRANTY, STRICT LIABILITY, STATUTE, OPERATION OF LAW OR ANY OTHER THEORY OF RECOVERY.

Damages Waiver. NOTWITHSTANDING ANYTHING TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS A RESULT OF COMMON LAW FRAUD OR WILLFUL MISCONDUCT WITH RESPECT TO MATTERS ADDRESSED HEREINCONTRARY IN THIS AGREEMENT, NEITHER BUYER NOR SELLERS PARTY SHALL BE LIABLE TO THE OTHEROTHER PARTY OR TO SUCH OTHER PARTY’S INDEMNIFIED PARTIES FOR SPECIAL, OR THEIR RESPECTIVE AFFILIATESINDIRECT, FOR ANY CLAIMS, DEMANDS OR SUITS FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT PUNITIVE OR MULTIPLE DAMAGES, FOR LOSS OF PROFITS, REVENUE OR INCOME, DIMINUTION IN VALUE OR LOSS OF BUSINESS OPPORTUNITY (WHETHER OR NOT FORESEEABLE ON THE CLOSING DATE), CONNECTED WITH OR EXEMPLARY DAMAGES SUFFERED BY SUCH PARTY RESULTING FROM ANY BREACH OR ARISING OUT OF THIS AGREEMENT, THE OTHER TRANSACTION DOCUMENTS OR ANY ACTIONS UNDERTAKEN IN CONNECTION HEREWITH, THE TRANSACTIONS CONTEMPLATED HEREIN OR RELATED HERETOTHEREIN, INCLUDING ANY SUCH DAMAGES WHICH ARE BASED UPON BREACH LOST PROFITS, LOSS OF CONTRACTREVENUE OR DIMINUTION OF VALUE; PROVIDED, TORT (INCLUDING NEGLIGENCE HOWEVER, THE FOREGOING SHALL NOT BE CONSTRUED AS LIMITING CLAIMS RELATED TO ACTUAL FRAUD OR AN OBLIGATION OF A PARTY TO INDEMNIFY, DEFEND AND MISREPRESENTATION)HOLD HARMLESS THE OTHER PARTY OR THE OTHER PARTY’S INDEMNIFIED PARTIES AGAINST CLAIMS ASSERTED BY THIRD PARTIES, BREACH OF WARRANTYINCLUDING, STRICT LIABILITYBUT NOT LIMITED TO, STATUTETHIRD PARTY CLAIMS FOR SPECIAL, OPERATION OF LAW INDIRECT, CONSEQUENTIAL, PUNITIVE OR ANY OTHER THEORY OF RECOVERYEXEMPLARY DAMAGES.

Damages Waiver. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS OR TO THE EXTENT AWARDED TO A RESULT OF COMMON LAW FRAUD OR WILLFUL MISCONDUCT WITH RESPECT TO MATTERS ADDRESSED HEREINTHIRD PARTY IN A THIRD PARTY CLAIM, NEITHER BUYER NOR SELLERS SELLER SHALL BE LIABLE TO THE OTHER, OR THEIR RESPECTIVE AFFILIATES, FOR ANY CLAIMS, DEMANDS OR SUITS FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, ​ 76 ​ ​ EXEMPLARY, PUNITIVE, INDIRECT OR MULTIPLE DAMAGES, FOR LOSS OF PROFITS, REVENUE OR INCOME, DIMINUTION IN VALUE OR LOSS OF BUSINESS OPPORTUNITY (WHETHER OR NOT FORESEEABLE ON THE CLOSING EXECUTION DATE), CONNECTED IN CONNECTION WITH OR RESULTING FROM ANY BREACH OF THIS AGREEMENT, OR ANY ACTIONS UNDERTAKEN IN CONNECTION HEREWITH, OR RELATED HERETOHERETO OR TO THE TRANSACTIONS CONTEMPLATED HEREBY, INCLUDING ANY SUCH DAMAGES WHICH ARE BASED UPON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND MISREPRESENTATION), BREACH OF WARRANTY, STRICT LIABILITY, STATUTE, OPERATION OF LAW OR ANY OTHER THEORY OF RECOVERY.

Damages Waiver. TO THE FULLEST MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND LAW, EXCEPT AS A RESULT FOR ANY CLAIM OF COMMON LAW FRAUD BREACH OF LICENSE OR WILLFUL MISCONDUCT WITH RESPECT TO MATTERS ADDRESSED HEREINCONFIDENTIALITY RESTRICTION, NEITHER BUYER NOR SELLERS SHALL IN NO EVENT (A) WILL UCF BE LIABLE TO THE OTHERANY MEMBERS OR TO ANY OF THEIR AFFILIATES, (B) WILL ANY MEMBERS OR THEIR AFFILIATES BE LIABLE TO UCF OR ANY OTHER MEMBER, NOR (C) WILL ANY PARTY BE LIABLE TO ANY THIRD PARTY CLAIMING THROUGH OR UNDER A PARTY HERETO FOR ANY COSTS OF PROCURING SUBSTITUTE GOODS OR SERVICES, ANY LOST PROFITS, ANY LOSS OF USE, ANY LOSS OF DATA OR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR THEIR RESPECTIVE AFFILIATES, FOR SPECIAL DAMAGES OF ANY CLAIMS, DEMANDS KIND ARISING OUT OF OR SUITS FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT OR MULTIPLE DAMAGES, FOR LOSS OF PROFITS, REVENUE OR INCOME, DIMINUTION IN VALUE OR LOSS OF BUSINESS OPPORTUNITY (WHETHER OR NOT FORESEEABLE ON THE CLOSING DATE), CONNECTED WITH OR RESULTING FROM ANY BREACH OF RELATED TO THIS AGREEMENT, OR UNDER ANY ACTIONS UNDERTAKEN IN CONNECTION HEREWITHTHEORY OF LIABILITY, OR RELATED HERETO, INCLUDING ANY SUCH DAMAGES WHICH ARE BASED UPON BREACH OF WHETHER CONTRACT, TORT (INCLUDING NEGLIGENCE AND MISREPRESENTATIONNEGLIGENCE), BREACH OF WARRANTYSTATUTORY BREACH, STRICT LIABILITY, STATUTEPRODUCT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY, OPERATION EVEN IF SUCH PARTY HAS BEEN INFORMED OF LAW OR ANY OTHER THEORY THE POSSIBILITY OF RECOVERYSUCH DAMAGES.