Common use of Exclusion of Certain Damages Clause in Contracts

Exclusion of Certain Damages. Except with respect to the indemnification obligations set forth below, neither party will be liable to the other party for any indirect, incidental, consequential, special, or punitive damages arising out of or in connection with this Contract, regardless of the form or cause of action or the alleged basis of the claim, even if a party has been advised of the possibility of such damages.

Appears in 11 contracts

Samples: Digital Resource/Software Contract, Digital Resource/Software Contract, Digital Resource/Software Contract

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Exclusion of Certain Damages. Except with respect to the indemnification obligations set forth below, neither party Neither Party will be liable to the other party Party for any indirectconsequential, incidental, consequentialpunitive, specialexemplary or indirect damages, lost profits or punitive revenues (except as part of direct damages) or other indirect damages arising out of claimed in contract, equity, strict liability or in connection with this Contractindemnity, regardless of the form by statute or cause of action or the alleged basis of the claim, even if a party has been advised of the possibility of such damagesotherwise.

Appears in 4 contracts

Samples: Supply Rights Agreement, Supply Rights Agreement, Supply Rights Agreement (Genomatica Inc)

Exclusion of Certain Damages. Except with respect to an obligation of either Party to indemnify the indemnification obligations set forth belowother hereunder, neither party will Party shall be liable to the other party for any indirectconsequential, incidental, consequential, special, indirect or punitive damages arising out from the performance or nonperformance of such Party under this Agreement whether such claim is based on contract, tort (including negligence) or in connection with this Contract, regardless of the form or cause of action or the alleged basis of the claimotherwise, even if a party has been an authorized representative of such Party is advised of the possibility or likelihood of such damagessame.

Appears in 3 contracts

Samples: License Agreement (Glycomimetics Inc), License Agreement (Glycomimetics Inc), License Agreement (Glycomimetics Inc)

Exclusion of Certain Damages. Except with respect to the indemnification obligations set forth below, neither Neither party will shall be liable to the other party hereunder or in connection with the transactions contemplated hereunder, whether in contract or in tort, for any indirect, incidental, consequentialexemplary, specialpunitive, consequential or punitive other special damages arising out of (including lost profits), whether or not such damages are foreseeable or unforeseeable, except to the extent that such damages are included in connection with this Contract, regardless of third-party claims that are covered by the form or cause of action or the alleged basis of the claim, even if a party has been advised of the possibility of such damagesindemnities under Section 9.1.

Appears in 1 contract

Samples: License Agreement

Exclusion of Certain Damages. Except with respect to the indemnification obligations set forth below, neither party will Neither Party shall be liable to the other party Party for any indirectspecial, incidental, consequential, special, consequential or punitive damages arising out of or in connection with related to this Contract, regardless of the form or cause of action or the alleged basis of the claim, even if a party has been advised of the possibility of such damagesAgreement.

Appears in 1 contract

Samples: Gas Transportation and Supply Agreement (Panda Interfunding Corp)

Exclusion of Certain Damages. Except with respect to the indemnification obligations set forth below, neither Neither party will shall be liable to the other party hereunder or in connection with the transactions contemplated hereunder, whether in contract or in tort, for any indirect, incidental, consequentialexemplary, specialpunitive, consequential or punitive other special damages arising out of (including lost profits), whether or not such damages are foreseeable or unforeseeable, except to the extent that such damages are included in connection with this Contract, regardless of third-party claims that are covered by the form or cause of action or the alleged basis of the claim, even if a party has been advised of the possibility of such damagesindemnities under Section 14.

Appears in 1 contract

Samples: Intergovernmental Agreement

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Exclusion of Certain Damages. Except with respect to the indemnification obligations set forth below, neither party Neither Party will be liable to the other party Party for any indirectconsequential, incidental, consequentialpunitive, specialexemplary or indirect damages, lost profits or punitive revenues (except as part of direct damages) or other indirect damages arising out claimed in contract, equity, strict liability or indemnity, by statute of or in connection with this Contract, regardless of the form or cause of action or the alleged basis of the claim, even if a party has been advised of the possibility of such damagesotherwise.

Appears in 1 contract

Samples: Supply Rights Agreement (Enerkem Inc.)

Exclusion of Certain Damages. Except with respect to the indemnification obligations set forth below, neither Neither party will shall be liable to the other party for any indirect, incidental, consequential, special, or punitive damages damages, including, without limitation, loss of profits, revenue, data, or use, arising out of from or in connection with related to this Contract, regardless of the form or cause of action or the alleged basis of the claimAgreement, even if a such party has been advised of the possibility of such damages. This limitation applies regardless of whether the claims are based in contract, tort, or any other legal theory.

Appears in 1 contract

Samples: Share Subscription Facility Agreement (NaaS Technology Inc.)

Exclusion of Certain Damages. Except with respect to the indemnification obligations set forth below, neither Neither party will shall be liable to the other party hereunder or in connection with the transactions contemplated hereunder, whether in contract or in tort, for any indirect, incidental, consequentialexemplary, specialpunitive, consequential or punitive other special damages arising out of (including lost profits), whether or not such damages are foreseeable or unforeseeable, except to the extent that such damages are included in connection with this Contract, regardless of third-party claims that are covered by the form or cause of action or the alleged basis of the claim, even if a party has been advised of the possibility of such damagesindemnities under Section 5.

Appears in 1 contract

Samples: Management Agreement

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