Direct Losses Only Sample Clauses
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Direct Losses Only. Subject to clause 10.4, if for any reason it is determined that a party (Liable Party) is liable to the other party for breach of the Service Agreement, the liability of the Liable Party to the other party shall never exceed the direct loss or damage sustained by the other party resulting from or arising out of that breach (direct losses) and under no circumstances will the Liable Party be liable to the other party:
(a) in contract, tort (including negligence) or otherwise for any and all loss or damage in the nature of:
(1) consequential, special, contingent, penal or other indirect loss or damage, loss of revenue, income, profits, business, opportunity or anticipated savings, loss or anticipated loss of use, production; or
(2) business interruption; or
(b) for any and all claims, demands, actions or proceedings by third parties, (including any person contracting or dealing with or relying upon the provision of goods and services by the other party or having a legitimate expectation as to the reliability of the supply of gas by the other party howsoever caused)61 and any costs or expenses in connection therewith, that are not otherwise covered by clause 18.2(a).
Direct Losses Only. Notwithstanding anything contained elsewhere in this Agreement, “Losses” shall not include punitive, exemplary, consequential or incidental damages (including Losses for lost profits or diminution in value) and shall be limited to actual damages without regard to any calculation based upon any multiple of earnings or other method whether or not any such method was used to determine or negotiate the Purchase Price
Direct Losses Only. If for any reason it is determined that, notwithstanding Clause 18.2, a Party is liable to the other Party for breach of this Agreement other than in the circumstances described in Clause 18.1, then:
18.3.1 the liability of the Party in breach to the other Party shall never exceed the loss or damage sustained by the other Party itself resulting from or arising out of that breach; and
18.3.2 any liability shall be subject to the limitations as to quantum outlined in Clause 18.7; and
18.3.3 under no circumstances will the Party in breach be liable to the other Party:
18.3.3.1 in contract, tort (including negligence) or otherwise for any and all consequential loss or damage including, but without limiting the generality thereof, the other Party’s loss of profits, business or anticipated savings and damages, whether or not the consequential loss or damage was or ought to have been known by the Party in breach; or
18.3.3.2 for any and all claims, demands, actions or proceedings by third parties, and any costs or expenses in connection therewith, that are not already excluded under Clause 18.3.3.1.
Direct Losses Only. Notwithstanding anything contained elsewhere in this Agreement, "Losses" shall not include punitive, exemplary, consequential or incidental damages and shall be limited to actual damages; provided, however, that it is understood and agreed between the parties that third-party Losses actually assessed against and paid by the Buyer Indemnified Parties or the Seller Indemnified Parties arising out of punitive, exemplary, consequential or incidental damages shall be regarded as direct damages hereunder and shall be included as "Losses" subject to indemnification by Sellers or Buyer, as applicable, under this Article VIII. In the case of Taxes, Losses shall include only out-of-pocket cash payments for Taxes.