Disclaimer of Consequential Damages. (1) SUBJECT TO SECTION 16.01(2), NEITHER PARTY SHALL BE LIABLE FOR, NOR SHALL THE RECOVERY OF DAMAGES INCLUDE, ANY INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO ITS PERFORMANCE OR FAILURE TO PERFORM UNDER THE AGREEMENT, REGARDLESS OF THE FORM OF ACTION OR THEORY OF RECOVERY (“CONSEQUENTIAL DAMAGES”).
Appears in 15 contracts
Samples: Services Agreement (Voya Enhanced Securitized Income Fund), Services Agreement (Voya MUTUAL FUNDS), Services Agreement (Voya Separate Portfolios Trust)
