Common use of Disclaimer of Consequential Damages Clause in Contracts

Disclaimer of Consequential Damages. Notwithstanding any provision to the contrary, in no event shall any Party be liable to another Party for any incidental, consequential, special, exemplary or indirect damages, lost business profits or lost data arising out of or in any way related to the Contract Documents.

Appears in 5 contracts

Samples: Professional Services, Professional Services, Professional Services

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Disclaimer of Consequential Damages. Notwithstanding any provision to the contrary, in no event Neither Party shall any Party be liable to another the other Party for any incidental, consequential, special, exemplary indirect or indirect damagesconsequential damages of any nature howsoever caused, lost business including loss of profits or lost data business interruptions, connected with or arising out of or in any way related to the Contract Documentsthis Lease.

Appears in 5 contracts

Samples: Contribution, Conveyance and Assumption Agreement (Phillips 66 Partners Lp), Contribution, Conveyance and Assumption Agreement (Phillips 66 Partners Lp), Contribution, Conveyance and Assumption Agreement (Phillips 66 Partners Lp)

Disclaimer of Consequential Damages. Notwithstanding any provision Except otherwise not permitted to the contrarybe limited under applicable law, in no event shall any neither Party will be liable to another the other Party hereto or any third party for any special, indirect, incidental, consequential, special, exemplary or indirect punitive damages or for the loss of profits, business, revenues, goodwill, savings or customers, or for lost or damaged data, whether such Liability is predicated on contract, strict Liability or any other theory, and regardless, in each case, whether or not such damages were foreseeable or even if a Party has been advised of the possibility of such damages, lost business profits or lost data arising out of or in any way related to the Contract Documents.

Appears in 4 contracts

Samples: Us Specific Terms, Representations and Warranties Agreement, Us Specific Terms

Disclaimer of Consequential Damages. Notwithstanding any provision to the contrary, in no event shall any either Party be liable to another the other Party for any incidental, consequential, special, exemplary or indirect damages, lost business profits or lost data arising out of or in any way related to the Contract Documentsthis Contract.

Appears in 3 contracts

Samples: Professional Services Contract, Professional Services, Contract for Microsoft Dynamics Ax Public Sector 2012 Upgrade Implementation and Training

Disclaimer of Consequential Damages. Notwithstanding any provision to the contrary, in no event Neither Party shall any Party be liable to another the other Party for any incidental, consequential, special, exemplary indirect or indirect damagesconsequential damages of any nature, lost business including loss of profits or lost data business interruptions, connected with or arising out of or in any way related to the Contract Documentsthis Lease.

Appears in 2 contracts

Samples: Lease Agreement (Phillips 66 Partners Lp), Contribution, Conveyance and Assumption Agreement (Phillips 66 Partners Lp)

Disclaimer of Consequential Damages. Notwithstanding any provision to the contrary, in In no event shall any either Party be liable to another Party the other for any incidental, consequential, special, exemplary special or indirect consequential damages, including, but not limited to, any claims for damages based upon lost business profits as a result of any breach of this agreement, including breach of any warranty, or lost data arising out as the result of or in any way related to the Contract Documentsclaim for indemnity.

Appears in 2 contracts

Samples: Manufacturing and Distribution Agreement, Manufacturing and Distribution Agreement (Nanogen Inc)

Disclaimer of Consequential Damages. Notwithstanding any provision to the contrary, in no event Neither Party shall any Party be liable to another the other Party hereto for any consequential, incidental, consequentialindirect, special, punitive or exemplary damages suffered or indirect incurred by such other Party in connection with a breach or alleged breach of this Agreement, even if such other Party has been advised of the possibility of such damages. Consequential damages shall include, without limitation, opportunity costs, loss of use of facilities or other assets, claims of subcontractors, lost profits, lost savings, lost business profits or lost data arising out of or in any way related to the Contract Documentsgoodwill.

Appears in 2 contracts

Samples: Consulting and Strategic Advisory Agreement (Thorium Power, LTD), Consulting and Strategic Advisory Agreement (Thorium Power, LTD)

Disclaimer of Consequential Damages. Notwithstanding any provision to the contrary, in In no event shall any either Party be liable to another the other Party for any incidental, consequential, special, exemplary or indirect consequential damages, including, but not limited to, any claims for damages based upon lost business profits or lost data arising out of or in any way related to the Contract Documentsprofits.

Appears in 2 contracts

Samples: Commercial Supply Agreement (BioPharmX Corp), Technical Transfer Agreement (Inyx Inc)

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Disclaimer of Consequential Damages. Notwithstanding any provision to the contrary, in In no event shall any either Party be liable to another Party the other for any incidental, consequential, special, exemplary special or indirect consequential damages, including, but not limited to, any claims for damages based upon lost business profits as a result of any breach of this Agreement, including the breach of any warranty, or lost data arising out as a result of or in any way related to the Contract Documentsclaim for indemnity.

Appears in 2 contracts

Samples: Development Agreement, Development Agreement (Nanogen Inc)

Disclaimer of Consequential Damages. Notwithstanding Neither Party is liable to the other Party for any indirect, punitive, special, exemplary, incidental and/or consequential damages (for example, lost profits) arising in tort, contract strict liability or any other legal theory, from the execution or performance of this Agreement or any license granted hereunder . Further, notwithstanding any provision of this Agreement to the contrary, in no event shall any Party LICENSOR be liable to another Party for any incidental, consequential, special, exemplary claims of LICENSEE’s customers or indirect other third parties for any such damages, lost business profits or lost data arising out of or in any way related to the Contract Documents.

Appears in 1 contract

Samples: License and Supply Agreement (Dais Analytic Corp)

Disclaimer of Consequential Damages. Notwithstanding any provision Neither Party shall be liable to the contraryother under this Agreement for any indirect, special, or consequential damages or lost profits hereunder. In addition, in no event shall any Party either party be liable to another Party for any incidentalpunitive or exemplary damages of any kind. For purposes of clarity only, consequentialand without limiting the generality of the foregoing, special, exemplary or indirect the indemnifying Party shall be responsible for direct damages, lost business profits or lost data arising out of or in any way related to the Contract Documentsincluding without limitation, reasonable attorneys’ fees.

Appears in 1 contract

Samples: Transition Services Agreement (Big Heart Pet Brands)

Disclaimer of Consequential Damages. Notwithstanding any provision anything to the contrarycontrary in this AGREEMENT, in no event neither party shall have any Party be liable to another Party for any incidental, consequential, special, exemplary or indirect damages, lost business profits or lost data arising out of or in any way related liability to the Contract Documentsother party for indirect, consequential or special damages including, but not limited to, liability or damages for delays of any nature, loss of anticipated revenues or profits, increased cost of operations or costs of shutdown or startup whether such damages are based on contract, tort including negligence, strict liability or otherwise.

Appears in 1 contract

Samples: Professional Services

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