Damages. Notwithstanding anything in this Agreement to the contrary, neither party shall be liable to the other for any incidental, indirect, special or consequential damages of any nature whatsoever, including, but not limited to, loss of anticipated profits, occasioned by a breach of any provision of this Agreement even if apprised of the possibility of such damages.
Appears in 110 contracts
Samples: Agency and Service Agreement (Eagle Point Credit Co Inc.), Subscription Agent Agreement (RiverNorth Capital & Income Fund, Inc.), Transfer Agency and Service Agreement (Nuveen Churchill Direct Lending Corp.)
Damages. Notwithstanding anything in this Agreement to the contrary, neither no party shall be liable to the any other for any incidental, indirect, special or consequential damages of any nature whatsoever, including, but not limited to, loss of anticipated profits, occasioned by a breach of any provision of this Agreement even if apprised of the possibility of such damages.
Appears in 20 contracts
Samples: Depositary and Information Agent Agreement (Tortoise Pipeline & Energy Fund, Inc.), Depositary and Information Agent Agreement (Tortoise Power & Energy Infrastructure Fund Inc), Depositary and Information Agent Agreement (Tortoise Midstream Energy Fund, Inc.)
Damages. Notwithstanding anything in this Agreement to the contrary, neither party In no event shall either Party be liable to responsible for any consequential damages incurred by the other for any incidental, indirect, special or consequential damages of any nature whatsoeverParty in connection with this Agreement, including, but not limited towithout limitation, loss of anticipated profits, occasioned by a breach of any provision lost profits or opportunities or injury to Person or property resulting from the termination of this Agreement even if apprised of the possibility of such damagesAgreement.
Appears in 5 contracts
Samples: Research and Development Agreement (Genencor International Inc), License Agreement (Neurocrine Biosciences Inc), License Agreement (Progenitor Inc)
Damages. Notwithstanding anything to the contrary in this Agreement to the contraryAgreement, neither party shall be liable to the other for any incidentalconsequential, indirect, special exemplary or consequential damages of any nature whatsoever, including, but not limited to, loss of anticipated profits, occasioned by a breach of any provision of this Agreement even if apprised of the possibility of such punitive damages.
Appears in 4 contracts
Samples: Stock Purchase Agreement (Resonate Blends, Inc.), Stock Purchase Agreement (Resonate Blends, Inc.), Stock Purchase Agreement (Qpagos)
Damages. Notwithstanding anything else to the contrary in this Agreement to the contraryAgreement, neither party Party shall be liable to the other Party for any loss of profits, business interruption, or incidental, indirectconsequential, special special, or consequential damages punitive damages, regardless of any nature whatsoever, including, but not limited to, loss of anticipated profits, occasioned by a breach of any provision of this Agreement even if apprised of the possibility of such damagesnegligence or fault.
Appears in 4 contracts
Samples: Farmout Agreement, www.sec.gov, Farmout Agreement (ERHC Energy Inc)
Damages. Notwithstanding anything in this Agreement to the contrary, neither party shall will be liable responsible to the other party for any incidental, indirectconsequential, special lost profit, punitive or consequential exemplary damages of any nature whatsoever, including, but not limited to, loss of anticipated profits, occasioned by for a breach of any provision of this Agreement even if apprised of the possibility of such damagesAgreement.
Appears in 4 contracts
Samples: Gas Service Agreement (Atmos Energy Corp), Service Agreement (Atmos Energy Corp), Gas Service Agreement (Atmos Energy Corp)
Damages. Notwithstanding anything in this Agreement to the contrary, neither party hereto shall be liable to the other for any incidental, indirect, special or consequential damages of any nature whatsoever, including, but not limited to, loss of anticipated profits, occasioned by a breach of any provision of this Agreement even if apprised of the possibility of such damages.
Appears in 4 contracts
Samples: Subscription Agent Agreement (Western Asset Global High Income Fund Inc.), Agent Agreement (Western Asset High Income Fund Ii Inc.), Subscription Agent Agreement (Western Asset High Income Fund Ii Inc.)
Damages. Notwithstanding anything in this Agreement to the contrary, neither party shall be liable to the other for any incidental, indirect, special or consequential damages of any nature whatsoever, including, but not limited to, loss of anticipated profits, occasioned by a breach of any provision of this Agreement even if apprised of the possibility of such damages. 8.
Appears in 3 contracts
Samples: Transfer Agency and Service Agreement (Fundrise Growth Tech Fund, LLC), Subscription Agent Agreement (Liberty All Star Growth Fund Inc.), Transfer Agency and Service Agreement (Fundrise Income Real Estate Fund, LLC)
Damages. Notwithstanding anything else in this Agreement to the contraryagreement or otherwise, neither party shall will be liable to the other with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for any incidentalspecial, indirect, special consequential, incidental or consequential exemplary damages, including without limitation damages of any nature whatsoever, including, but not limited to, for loss of anticipated business, profits, occasioned by a breach business interruptions or loss of any provision of this Agreement information even if apprised a party has been advised of the possibility of such damages. This section does not limit a party’s liability for bodily injury of a person, death or physical damage to property.
Appears in 3 contracts
Samples: Non Disclosure Agreement, Voluntary Market Depopulation Program, www.twia.org
Damages. Notwithstanding anything to the contrary in this Agreement to the contraryAgreement, neither party shall be liable to the other for any incidental, indirect, special consequential or consequential incidental damages of any nature whatsoeverarising from such party's activities under this Agreement, including, but not limited towithout limitation, loss of anticipated profits, occasioned by lost profits or opportunities or injury to a breach of any provision of this Agreement even if apprised person or property resulting from the termination (in whole or part) of the possibility of such damageslicenses to Licensed Technology or this Agreement.
Appears in 2 contracts
Samples: Research Agreement (Array Biopharma Inc), Research Agreement (Array Biopharma Inc)
Damages. Notwithstanding anything in this Agreement to the contrary, neither party shall be liable to the other for any incidental, indirect, special or consequential damages of any nature whatsoever, including, but not limited to, loss of anticipated profits, occasioned by a breach of any provision of this Agreement even if apprised of the possibility of such damages. 13.
Appears in 1 contract
Samples: Subscription Agent Agreement (Royce Value Trust, Inc.)
Damages. Notwithstanding anything in the foregoing or any other provision of this Agreement to the contrary, neither party Party shall be liable bear any liability to the other under this Agreement for loss of business, loss of income or lost profits or any incidentalother indirect, indirectpunitive, special or consequential damages of any nature whatsoeverdamages, including, but not limited to, loss of anticipated profits, occasioned by a breach of any provision of this Agreement even if apprised such Party has been advised of the possibility of such damages.
Appears in 1 contract
Samples: Purchase and Sale Agreement and Joint Escrow Instructions
Damages. Notwithstanding anything in any provision of this Agreement to the contrary, neither party shall be liable to the other party for any special, incidental, indirect, special punitive or consequential damages costs, liabilities or damages, whether foreseeable or not, arising out of, or in connection with, such party's performance of any nature whatsoever, including, but not limited to, loss of anticipated profits, occasioned by a breach of any provision of its obligations under this Agreement even if apprised of the possibility of such damagesAgreement.
Appears in 1 contract
Samples: Way Occupancy Agreement (North American Datacom Inc)
Damages. Notwithstanding To the maximum extent permitted by applicable law and notwithstanding anything in this Agreement to the contrary, neither party shall be liable to the other for any incidental, indirect, special or consequential damages of any nature whatsoever, including, but not limited to, loss of anticipated profits, occasioned by a breach of any provision of this Agreement even if apprised of the possibility of such damages.
Appears in 1 contract
Samples: Transfer Agency and Service Agreement (Altaba Inc.)
Damages. Notwithstanding anything in this Agreement stated herein to the contrary, neither party shall be liable to the other for any incidentalspecial, indirectconsequential, special indirect or consequential damages of any nature whatsoeverincident damages, including, including but not limited to, loss of anticipated profits, occasioned by a breach of any provision of to lost profits in connection with this Agreement even if apprised of the possibility of such damagesAgreement.
Appears in 1 contract
Samples: Foundation for California Community Colleges Administrative Services Agreement
Damages. Notwithstanding anything in this Agreement to the contrary, neither party shall be liable to the other for any incidental, indirect, special or consequential damages of any nature whatsoever, including, but not limited to, loss of anticipated profits, occasioned by a breach of any provision of this Agreement even if apprised of the possibility of such damages.. Subscription Agent Agreement – GAB Rights Offering (2021)
Appears in 1 contract
Samples: Subscription Agent Agreement (Gabelli Equity Trust Inc)