Common use of Disclaimer of Indirect Damages Clause in Contracts

Disclaimer of Indirect Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT OR AN ORDER FORM, IN NO EVENT WILL RED HAT OR ITS AFFILIATES BE LIABLE TO CLIENT OR ITS AFFILIATES FOR DAMAGES OTHER THAN DIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION: ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES, WHETHER ARISING IN TORT, CONTRACT, OR OTHERWISE; OR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY MALFUNCTIONS, REGULATORY NON-COMPLIANCE, DELAYS, LOSS OF DATA, LOST PROFITS, LOST SAVINGS, INTERRUPTION OF SERVICE, LOSS OF BUSINESS OR ANTICIPATORY PROFITS, EVEN IF RED HAT OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LIABILITY FOR THESE DAMAGES WILL BE LIMITED AND EXCLUDED EVEN IF ANY EXCLUSIVE REMEDY PROVIDED FOR IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE.

Disclaimer of Indirect Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT OR AN ORDER FORMMSA, IN TO THE FULLEST EXTENT PERMITTED BY LAW, NO EVENT WILL RED HAT OR ITS AFFILIATES PARTY WILL, UNDER ANY CIRCUMSTANCES BE LIABLE TO CLIENT OR ITS AFFILIATES THE OTHER PARTY FOR DAMAGES OTHER THAN DIRECT DAMAGESCONSEQUENTIAL, INCLUDING, WITHOUT LIMITATION: ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, OR EXEMPLARY OR PUNITIVE DAMAGES, WHETHER ARISING IN TORT, CONTRACT, OR OTHERWISE; OR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY MALFUNCTIONSRELATED TO THIS AGREEMENT, REGULATORY NON-COMPLIANCEINCLUDING BUT NOT LIMITED TO SUCH PARTY LOST PROFITS OR LOSS OF BUSINESS, DELAYSBUSINESS INTERRUPTION, LOSS OF DATAREVENUE, LOST PROFITS, LOST SAVINGS, INTERRUPTION OF SERVICEWASTED EXPENDITURE, LOSS OF BUSINESS ANTICIPATED SAVINGS, LOSS OR ANTICIPATORY PROFITSCORRUPTION OF DATA, LOSS OF GOODWILL AND DAMAGE TO IMAGE OR REPUTATION, EVEN IF RED HAT OR ITS AFFILIATES HAVE BEEN ADVISED THAT PARTY IS APPRISED OF THE POSSIBILITY LIKELIHOOD OF SUCH DAMAGESDAMAGES OCCURRING. THE PRECEDING EXCLUSION OF DAMAGES WILL NOT APPLY TO A PARTY’S BREACH OF CONFIDENTIALITY, BREACH OF THE LICENSE GRANT BY CUSTOMER, OR A PARTY’S INDEMNITY OBLIGATIONS (BUT SOLELY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LIABILITY FOR THESE DAMAGES WILL BE LIMITED AND EXCLUDED EVEN IF ANY EXCLUSIVE REMEDY PROVIDED FOR IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSESUCH AMOUNTS ARE PAID TO A THIRD PARTY).

Disclaimer of Indirect Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT AGREEMENT, SUPPLIER WILL NOT HAVE ANY LIABILITY TOWARDS CUSTOMER FOR ANY DAMAGES CAUSED BY THE USE OR AN ORDER FORMINABILITY TO USE ANY APPLICATION, DOCUMENTATION OR SERVICE, THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, ACCURACY OF DATA TRANSFERRED TO ANY OTHER SOFTWARE OR SERVICE, OR INSTANCES IN WHICH CUSTOMER DATA STORED OR COMMUNICATED THROUGH ANY APPLICATION IS ACCESSED BY THIRD PARTIES THROUGH ILLEGAL OR ILLICIT MEANS; INCLUDING WITHOUT LIMITATION SITUATIONS IN WHICH CUSTOMER DATA IS ACCESSED THROUGH THE EXPLOITATION OF SECURITY GAPS, WEAKNESSES OR FLAWS THAT MAY EXIST. EXCEPT FOR LIABILITY ARISING OUT OF BREACHES OF SECTION 8 (CONFIDENTIALITY), IN NO EVENT WILL RED HAT SHALL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER PARTY FOR LOST PROFITS OR ITS AFFILIATES BE LIABLE TO CLIENT REVENUES, OR ITS AFFILIATES FOR DAMAGES OTHER THAN DIRECT DAMAGESANY INDIRECT, INCLUDINGSPECIAL, WITHOUT LIMITATION: ANY EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY COVER OR PUNITIVE DAMAGESDAMAGES HOWEVER CAUSED, WHETHER ARISING IN TORT, CONTRACT, TORT OR OTHERWISE; UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY MALFUNCTIONS, REGULATORY NON-COMPLIANCE, DELAYS, LOSS OF DATA, LOST PROFITS, LOST SAVINGS, INTERRUPTION OF SERVICE, LOSS OF BUSINESS OR ANTICIPATORY PROFITS, EVEN IF RED HAT OR ITS AFFILIATES HAVE NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER SHALL NOT APPLY TO THE MAXIMUM EXTENT PERMITTED PROHIBITED BY APPLICABLE LAW, LIABILITY FOR THESE DAMAGES WILL BE LIMITED AND EXCLUDED EVEN IF ANY EXCLUSIVE REMEDY PROVIDED FOR IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE.

Disclaimer of Indirect Damages. NOTWITHSTANDING ANYTHING HEREIN TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT OR AN ORDER FORMCONTRARY, IN NO EVENT WILL RED HAT SHALL ICONECTIV, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR ITS AFFILIATES ASSIGNS BE LIABLE TO CLIENT FOR ANY CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR ITS AFFILIATES FOR DAMAGES OTHER THAN DIRECT INDIRECT DAMAGES, INCLUDING, WITHOUT BY WAY OF EXAMPLE AND NOT LIMITATION: , CLAIMS OF LOSS OF BUSINESS, PROFITS, USE, DATA, OR OTHER ECONOMIC ADVANTAGE, AND ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY FINES OR PUNITIVE DAMAGESOTHER LOSSES IMPOSED BY ANY GOVERNMENTAL AUTHORITY, WHETHER ARISING STATE OR FEDERAL, INCLUDING WITHOUT LIMITATION THE U.S. FEDERAL COMMUNICATIONS COMMISSION, FOR FAILURE TO COMPLY WITH ANY LAW, RULE, ORDER OR REGULATION CONCERNING THE TCPA OR THE TCPA RULES, WHETHER BY STATUTE, IN TORT, OR IN CONTRACT, OR OTHERWISE; OR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY MALFUNCTIONSINCURRED BY CUSTOMER, REGULATORY NON-COMPLIANCEINCLUDING SUCH CUSTOMER’S OWN CUSTOMERS (E.G., DELAYS, LOSS OF DATA, LOST PROFITS, LOST SAVINGS, INTERRUPTION OF SERVICE, LOSS OF BUSINESS OR ANTICIPATORY PROFITSSECOND TIER CUSTOMERS), EVEN IF RED HAT OR ITS AFFILIATES HAVE ICONECTIV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LIABILITY FOR THESE DAMAGES WILL BE LIMITED AND EXCLUDED EVEN IF ANY EXCLUSIVE REMEDY PROVIDED FOR IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE.

Disclaimer of Indirect Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT AGREEMENT, XXXXX DOES NOT HAVE ANY LIABILITY TOWARDS CUSTOMER FOR ANY DAMAGES CAUSED BY THE USE OR AN ORDER FORMINABILITY TO USE ANY APPLICATION, DOCUMENTATION OR SERVICE, THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, ACCURACY OF DATA TRANSFERRED TO ANY OTHER SOFTWARE OR SERVICE, OR INSTANCES IN WHICH CUSTOMER DATA STORED OR COMMUNICATED THROUGH ANY APPLICATION IS ACCESSED BY THIRD PARTIES THROUGH ILLEGAL OR ILLICIT MEANS; INCLUDING WITHOUT LIMITATION SITUATIONS IN WHICH CUSTOMER DATA IS ACCESSED THROUGH THE EXPLOITATION OF SECURITY GAPS, WEAKNESSES OR FLAWS THAT MAY EXIST. EXCEPT FOR LIABILITY ARISING OUT OF BREACHES OF SECTION 3 (CUSTOMER’S RESPONSIBILITIES) OR SECTION 5 (PAYMENT AND FEES), IN NO EVENT WILL RED HAT SHALL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER PARTY FOR LOST PROFITS OR ITS AFFILIATES BE LIABLE TO CLIENT REVENUES, OR ITS AFFILIATES FOR DAMAGES OTHER THAN DIRECT DAMAGESANY INDIRECT, INCLUDINGSPECIAL, WITHOUT LIMITATION: ANY EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY COVER OR PUNITIVE DAMAGESDAMAGES HOWEVER CAUSED, WHETHER ARISING IN TORT, CONTRACT, TORT OR OTHERWISE; UNDER ANY OTHER THEORY OF LIABILITY, WHETHER INCURRED BY A THIRD PARTY OR ANY DAMAGES ARISING OUT OF CUSTOMER, AND WHETHER OR IN CONNECTION WITH ANY MALFUNCTIONS, REGULATORY NON-COMPLIANCE, DELAYS, LOSS OF DATA, LOST PROFITS, LOST SAVINGS, INTERRUPTION OF SERVICE, LOSS OF BUSINESS OR ANTICIPATORY PROFITS, EVEN IF RED HAT OR ITS AFFILIATES HAVE NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER SHALL NOT APPLY TO THE MAXIMUM EXTENT PERMITTED PROHIBITED BY APPLICABLE LAW, LIABILITY FOR THESE DAMAGES WILL BE LIMITED AND EXCLUDED EVEN IF ANY EXCLUSIVE REMEDY PROVIDED FOR IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE.

Disclaimer of Indirect Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT OR AN ORDER FORMAGREEMENT, IN NO EVENT THE PDI GROUP WILL RED HAT OR ITS AFFILIATES NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO CLIENT CUSTOMER FOR LOST PROFITS OR ITS AFFILIATES LOSS OF BUSINESS NOR FOR DAMAGES OTHER THAN DIRECT DAMAGESANY CONSEQUENTIAL, INCLUDINGINDIRECT, WITHOUT LIMITATION: ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, PUNITIVE OR EXEMPLARY OR PUNITIVE DAMAGES, WHETHER ARISING IN TORT, CONTRACT, OR OTHERWISE; OR ANY DAMAGES ARISING OUT OF OR RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT, EVEN IF THE PDI GROUP IS APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING. WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES WILL THE PDI GROUP BE LIABLE FOR ANY LOSS OR CORRUPTION OF DATA OR OTHER INFORMATION OR CONTENT STORED IN, OR IN CONNECTION WITH, A PRODUCT OR SERVICE NOR FOR ANY DAMAGES ARISING FROM ANY ERROR IN ANY DATA OR OTHER INFORMATION OR CONTENT PROVIDED BY OR THROUGH THE OPERATION OF ANY PRODUCT OR SERVICE. CUSTOMER IS RESPONSIBLE FOR ALL FINES AND FEES ASSESSED BY ANY CARD SCHEME WITHOUT LIMITATION IN CONNECTION WITH ANY MALFUNCTIONS, REGULATORY NON-VIOLATION OF PCI DSS COMPLIANCE, DELAYS, LOSS OF DATA, LOST PROFITS, LOST SAVINGS, INTERRUPTION OF SERVICE, LOSS OF BUSINESS OR ANTICIPATORY PROFITS, EVEN IF RED HAT OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LIABILITY FOR THESE DAMAGES WILL BE LIMITED AND EXCLUDED EVEN IF ANY EXCLUSIVE REMEDY PROVIDED FOR IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE.