Common use of Damages Clause in Contracts

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 111 contracts

Samples: Subscription Agent and Information Agent Agreement (RiverNorth/DoubleLine Strategic Opportunity Fund, Inc.), Transfer Agency and Service Agreement (Eagle Point Credit Co Inc.), Subscription Agent and Information Agent Agreement (RiverNorth Capital & Income Fund, Inc.)

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Damages. Notwithstanding anything in this Agreement to the contrary, neither party Neither Party shall be liable to the other for any incidental, indirect, special special, remote, incidental or consequential damages of any nature whatsoever, including, but not limited to, or loss of anticipated profits, occasioned by a breach of any provision of profit in connection with this Agreement even if apprised of the possibility of such damagesor its implementation.

Appears in 7 contracts

Samples: Intellectual Property Rights Agreement (Ceres, Inc.), Intellectual Property Rights Agreement (Ceres, Inc.), Line License Agreement (Ceres, 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: Collaborative 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 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), Gas Service Agreement (Atmos Energy Corp), Gas Service Agreement (Atmos Energy Corp)

Damages. Notwithstanding anything any provision in this Agreement to the contrary, neither in no event shall a party shall hereto be liable to the other party for any incidental, indirect, special indirect or consequential damages of any nature whatsoeverdamages, including, including but not limited to, to loss of anticipated profits, occasioned by a breach of any provision of this Agreement even if apprised of the possibility of such damagesprofits or business opportunity.

Appears in 4 contracts

Samples: Annual Report, Distribution Agreement (Vivus Inc), License and Supply Agreement (Vivus Inc)

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.), Subscription Agent Agreement (Western Asset High Income Fund Ii Inc.), Subscription Agent Agreement (Western Asset High Income Fund Ii Inc.)

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, Farmout Agreement, Farmout Agreement (ERHC Energy Inc)

Damages. Notwithstanding anything in Neither party to this Agreement to the contrary, neither party shall be liable to the other party for any incidental, indirect, special or such other party's consequential damages of any nature whatsoever, including, but not limited to, loss of anticipated profits, occasioned by a breach of under any provision of this Agreement even if apprised of the possibility of such damagesAgreement, but each party may be liable for general damages resulting from breach hereof.

Appears in 4 contracts

Samples: Transfer Agency and Service Agreement (Scudder Weisel Capital Entrepreneurs Fund), Transfer Agency and Service Agreement (Scudder Weisel Capital Entrepreneurs Fund), Sub Transfer Agency and Service Agreement (Scudder Weisel Capital Entrepreneurs Fund)

Damages. Notwithstanding anything in this Agreement to the contrary, neither Neither party shall be liable to the other for any incidentalspecial, indirect, special incidental, punitive or consequential damages damages, including lost profits, of any nature whatsoever, kind whatsoever (including, but not limited towithout limitation, loss of anticipated profits, occasioned by a breach of attorneys’ fees) under any provision of this Agreement even if apprised or for any such damages arising out of any act or failure to act hereunder, each of which is hereby excluded by agreement of the parties regardless of whether such damages were foreseeable or whether either party or any entity had been advised of the possibility of such damages.

Appears in 3 contracts

Samples: Transfer Agency and Service Agreement, Transfer Agency and Service Agreement (Massmutual Select Funds), Transfer Agency and Service Agreement (Massmutual Premier Funds)

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, Non Disclosure and Terms of Use Agreement, Non Disclosure and Terms of Use 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. 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 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 2 contracts

Samples: Sublicense and License Agreement (Neopharm Inc), Sublicense and License Agreement (Neopharm Inc)

Damages. Notwithstanding anything Except as specifically set forth in this Agreement to the contraryAgreement, neither party shall will be liable to the other for any indirect, special, incidental, indirect, special consequential or consequential exemplary damages of that may in any nature whatsoever, including, but not limited to, loss of anticipated profits, occasioned by a breach of any provision of way be related to this Agreement even if apprised of the possibility of such damagesagreement.

Appears in 2 contracts

Samples: Converter Agreement (Balqon Corp.), Supplemental Agreement (Balqon Corp.)

Damages. Notwithstanding anything set forth in this Agreement to the contrary, neither party shall be is liable to the other for any incidentalspecial, indirect, special punitive, 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 2 contracts

Samples: Agreement of Sale, Real Estate Purchase Agreement

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 Neither Party shall be liable to the other for any consequential, incidental, indirectpunitive, special exemplary, or consequential indirect damages, lost profits or other business interruption damages of any nature whatsoever, including, but not limited to, loss of anticipated profits, occasioned by a arising from the breach of any provision of this Agreement even if apprised of the possibility of such damagesAgreement.

Appears in 2 contracts

Samples: Termination Agreement, Conditional Termination 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. 13.

Appears in 1 contract

Samples: Subscription Agent Agreement (Royce Value Trust, Inc.)

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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: Administrative Services Agreement

Damages. Notwithstanding anything in this Agreement to the contraryNeither party (nor its employees, neither party agents, suppliers, contractors, or affiliates) shall be liable to the other for any loss of data, lost profits, or any indirect, special, incidental, indirect, special or consequential damages loss or damage of any nature whatsoeverkind, includingor for damages that could have been avoided by the use of reasonable diligence, but not limited toarising in connection with the Agreement, loss of anticipated profits, occasioned by a breach of any provision of this Agreement even if apprised the party has been advised or should be aware of the possibility of such damages. In no event shall either party be liable to the other for any punitive damages.

Appears in 1 contract

Samples: Master 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)

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: Agreement for Sale of Conduit (North American Datacom Inc)

Damages. Notwithstanding anything in this Agreement to the contrary, neither party In no event shall either Party be liable to the other for any incidental, indirect, special incidental or consequential damages of any nature whatsoever, including, but not limited to, loss of anticipated profits, occasioned by a breach of any provision of under this Agreement even if apprised of the possibility of such damagesAgreement.

Appears in 1 contract

Samples: Sale and Purchase Agreement (Calumet Specialty Products Partners, L.P.)

Damages. Notwithstanding anything Anything in this Agreement to the contrarycontrary notwithstanding, neither in no event shall either party shall to this Agreement be liable to under or in connection with the other Agreement for any indirect, special, incidental, indirect, special punitive or consequential losses or damages of any nature kind whatsoever, including, including but not limited to, loss of anticipated to lost profits, occasioned by a breach of any provision of this Agreement whether or not foreseeable, even if apprised that party has been advised of the possibility thereof and regardless of the form of action in which such damagesdamages are sought.

Appears in 1 contract

Samples: Warrant Agency Agreement (LeddarTech Holdings 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 to the contrary contained elsewhere in this Agreement to the contraryAgreement, neither party Party shall be liable to the other for any incidentalspecial, indirect, special incidental, consequential or consequential punitive damages, whether such damages are incurred or experienced as a result of any nature whatsoever, including, but not limited to, loss of anticipated profits, occasioned by a breach of any provision of entering into or relying on this Agreement or otherwise, even if apprised such Party has been advised of the possibility of such damages.

Appears in 1 contract

Samples: Networking Undertaking and Indemnity Agreement (Old Westbury Funds Inc)

Damages. Notwithstanding anything in this Agreement to the contrary, neither Neither party shall be liable to the other for any consequential, incidental, indirect, special or consequential punitive damages of any nature whatsoever, including, but not limited to, loss of anticipated profits, occasioned by a breach of any provision of arising from this Agreement even if apprised of the possibility of such damagesAgreement.

Appears in 1 contract

Samples: Technology License Agreement (Manhattan Scientifics Inc)

Damages. Notwithstanding anything in this Agreement to the contraryExcept as otherwise specifically herein provided, neither party shall will be liable to the other party for any indirect, incidental, indirectloss of profits, punitive, exemplary, special or consequential damages of any nature whatsoever, including, but not limited to, loss kind whatsoever arising out of anticipated profits, occasioned by a breach of any provision of or relating to this Agreement even if apprised of the possibility of such damagesagreement.

Appears in 1 contract

Samples: Agreement for Ambulance and Emergency and Non Emergency Medical Services

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

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