Direct Damages Only Clause Samples

Direct Damages Only. Notwithstanding anything to the contrary in this Agreement, ScanTech's indemnification obligations under Section 3.4 shall be limited to direct damages actually incurred by Bay Point. Under no circumstances shall ScanTech be liable for any consequential, indirect, special, incidental, punitive, or exemplary damages, including, without limitation, lost profits, loss of business, or loss of goodwill, even if ScanTech has been advised of the possibility of such damages.

Direct Damages Only. Except for delay damages allowed by this Contract, third-party indemnity obligations and liability for fraud, gross negligence, willful misconduct or violation of the provisions of Section 12, neither Party shall be responsible to the other Party for special, indirect, incidental, punitive, exemplary or consequential damages of any nature whatsoever, including but not limited to losses or damages caused by reason of loss of future profits or revenue, interest charges or cost of capital, whether liability arises as a result of breach of contract, tort liability, strict liability, by operation of law or in any other manner and whether arising before or after the Completion Date.

Direct Damages Only. EXCEPT FOR SUBCONTRACTOR’S LIABILITY FOR DELAY DAMAGES, AND FOR ANY LIABILITIES TO A THIRD PARTY FOR WHICH A PARTY IS SEEKING INDEMNIFICATION HEREUNDER, NO PARTY SHALL BE LIABLE FOR SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES OR LOST PROFITS, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OTHER LAW OR OTHERWISE AND WHETHER OR NOT ARISING FROM THE OTHER PARTY’S SOLE, JOINT OR CONCURRENT NEGLIGENCE, STRICT LIABILITY OR OTHER FAULT.

Direct Damages Only. Subject to the restrictions in this Article 6 and subject to Distributor's election, if so entitled in law, to rescind or be discharged from this Agreement, in the event of any breach by Licensor of its obligations under this Agreement, including any breach of a fundamental term or a fundamental breach, Distributor's exclusive remedy under this or any related agreement shall be to receive actual, direct damages up to the amount received hereunder for the provision of Deliverables in the twelve months prior to the applicable claim being made; less the amount of any damages already paid or to which Distributor is or may be entitled by reason of any claim arising out of a breach (including fundamental breach) by Licensor of this Agreement, or otherwise, whether based in contract, tort (including negligence), or otherwise.

Direct Damages Only. Under no circumstances, except in cases of fraud or willful misconduct, shall we be liable for (i) any direct, indirect, special, unitive, or consequential damages, including, but not limited to, loss of profits, interruption, loss of data or information, personal injury, negligence, failure to meet any duty of care, or for any other loss arising out of or related to any goods, and regardless of whether in contract, tort, or otherwise; or (ii) for any claim attributable to errors, omissions or other features of the Services;

Direct Damages Only. Notwithstanding anything to the contrary elsewhere in this Agreement, no party shall, in any event, be liable to any other person for any consequential, incidental, indirect, special or punitive damages of such other person, including loss of future revenue, income or profits, diminution of value or loss of business reputation or opportunity relating to the breach or alleged breach hereof, other than in cases of indirect damages awarded to a third party arising from a Third-Party Claim which shall be indemnifiable in accordance with the provisions herein and, for the purposes hereof, shall be deemed direct damages.

Direct Damages Only. Except with respect to the Restaurant’s indemnification obligations under clause 7 which will not be subject to any limit or exclusion, neither Party will be liable to the other for consequential, special, incidental, punitive, exemplary, or indirect damages or for lost profits, lost revenues, harm to goodwill, or the costs of procuring replacement services, regardless of whether such damages were foreseeable.

Direct Damages Only. IN NO EVENT SHALL ANY INDEMNITOR BE LIABLE TO ------------------- ANY INDEMNITEE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL OR OTHER SIMILAR DAMAGES, INCLUDING LOST PROFITS, FOR ANY BREACH OR DEFAULT UNDER, OR ANY ACT OR OMISSION ARISING OUT OF OR IN ANY WAY RELATING TO, THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY, UNDER ANY FORM OF ACTION WHATSOEVER, WHETHER IN CONTRACT OR OTHERWISE. PROVIDED, HOWEVER, NOTHING IN THIS SECTION 7.07 SHALL LIMIT THE INDEMNIFICATION IN FULL OF ALL AMOUNTS WHICH ANY INDEMNITEE IS REQUIRED TO PAY TO ANY THIRD PERSON IN CONNECTION WITH ANY INDEMNIFIABLE CLAIM.

Direct Damages Only. Subject to the restrictions in this Section 6 and subject to Customer's election, if so entitled in law, to rescind or be discharged from this Agreement, in the event of any breach by TPI of its obligations under this Agreement, including any breach of a fundamental term or a fundamental breach, Customer's exclusive remedy shall be to receive from TPI payment for actual and direct damages to a maximum amount equal to the amount paid hereunder by Customer to TPI in the three (3) months' prior to the time that the applicable cause of action arose; less the amount of any damages already paid or to which Customer is or may be entitled by reason of any claim arising out of a breach (including fundamental breach) by TPI of this Agreement, or otherwise, whether based in contract, tort (including negligence), or otherwise.