Direct Damages. If a Party shall during the term of this Agreement be liable to the other Party, any Affiliate, any Cardholder, or any other individual or Entity as a result of any disputes, controversies or claims of any kind or nature arising under or in connection with this Agreement or the transactions contemplated hereby (whether any such breaches, disputes, controversies or claims are based upon contract, tort (including negligence) or any other legal theory), all damages from all such breaches, disputes, controversies or claims are limited to actual, direct and out-of-pocket damages which are reasonably incurred by the injured Party.
Appears in 7 contracts
Samples: Services Agreement (Morgan Beaumont, Inc.), Services Agreement (Morgan Beaumont, Inc.), Services Agreement (Morgan Beaumont, Inc.)
Direct Damages. If a Party party shall during the term of this Agreement be liable to the other Party, any Affiliate, any Cardholder, party or any other individual or Entity affiliate, as a result of any disputes, controversies or claims of any kind or nature arising under or in connection with this Agreement or the transactions contemplated hereby (whether any such breaches, disputes, controversies or claims are based upon contract, tort (including negligence) or any other legal theory), all damages from all such breaches, disputes, controversies or claims are limited to actual, direct and out-of-pocket damages which are reasonably incurred by the injured Partyparty.
Appears in 3 contracts
Samples: Beaumont Services Vendor Agreement (Morgan Beaumont Inc), Services Agreement (Morgan Beaumont Inc), Morgan Beaumont Inc
Direct Damages. If a Party shall during the term of this Agreement Term be liable to the other Party, any Affiliate, any Cardholder, or any other individual or Entity entity as a result of any disputes, controversies or claims of any kind or nature arising under or in connection with this Agreement or the transactions contemplated hereby (whether any such breaches, disputes, controversies or claims are based upon contract, tort (including negligence) or any other legal theory), all damages from all such breaches, disputes, controversies or claims are limited to actual, direct and out-of-pocket damages which are reasonably incurred by the injured Party.
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