Exclusion of Certain Losses. Subject to Clause 12.5, and without prejudice to any indemnification provisions under this Agreement (including Clause 12.2), no Party shall be liable to any of the other Parties for any loss of profit, loss of revenue, or loss of contracts, loss of goodwill, loss of reputation, or any indirect or consequential Loss howsoever caused arising out of or in connection with the performance or non- performance (as the case may be) by that Party of its obligations under this Agreement regardless of whether such losses were in the contemplation of the Parties.
Exclusion of Certain Losses. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL LOSSES OR DAMAGES WHATSOEVER, OR FOR ANY LOSS OF GOODWILL, LOST PROFITS, LOSS OF BUSINESS OR LOST OPPORTUNITIES IN ANY WAY RELATING TO THIS AGREEMENT, EVEN IF A PARTY HAS BEEN NOTIFIED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OCCURRING, AND REGARDLESS OF WHETHER SUCH LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE.
Exclusion of Certain Losses. Subject to Clause 10.3, neither party will be liable under the Agreement (whether in contract, tort or otherwise) for any loss of revenues, profits, contracts, opportunity or anticipated savings, or loss or corruption of data, or for any indirect, special, incidental or consequential loss suffered or incurred by the other party (in each case whether or not any of those losses were within the contemplation of the parties at the date of the Agreement or one party was advised of the possibility of the other party incurring the same).
Exclusion of Certain Losses. Neither party is liable for:
(a) indirect or consequential loss;
(b) loss of profit (but this does not include any profit element in the Fees or Charges);
(c) loss of anticipated savings or for business interruption,
(d) damage to reputation unless caused by wilful act; or
(e) for special damages whether direct or indirect even if, in any case, it was known the risk might arise.
Exclusion of Certain Losses. (a) The amount for which Buyer may be entitled to seek indemnification pursuant to this Agreement will be reduced by the amount of any insurance proceeds or other payment from a third party actually received by Buyer and the amount of any deduction, credit or other Tax benefit that Buyer may recognize with respect to its Losses (after giving effect to the Tax effect of such indemnification payments). If Buyer, after having received any indemnification payment pursuant to this Agreement with respect to a claim permitted hereunder, subsequently receives any insurance proceeds or other payment or recognizes any Tax benefit with respect to such claim, Buyer will promptly refund and pay to Seller an amount equal to such insurance proceeds, payment or Tax benefit.
(b) Seller will not have any liability (for indemnification or otherwise) for any claims directly arising out of:
(i) any act or omission of Buyer or its representatives up to the Closing Date (other than as contemplated by this Agreement) or occurring as a result of a breach by Buyer of its obligations under this Agreement;
(ii) any act or omission of Seller carried out with Buyer’s written approval or at the written request of Buyer after the date of this Agreement; or
(iii) relating to or arising out of any act or omission of Buyer or any of their representatives after the Closing Date.
(c) Buyer shall not be entitled to recover Losses or Expenses or obtain payment, reimbursement, restitution or indemnity more than once for the same breach hereunder.
Exclusion of Certain Losses. NEITHER LINKEDIN NOR CUSTOMER WILL BE LIABLE TO THE OTHER PARTY OR ANY THIRD-PARTY CLAIMANT FOR ANY:
(i) INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL LOSS OR DAMAGES; OR
(ii) ECONOMIC LOSS, LOSS OF PROFITS, LOSS OF BUSINESS OR CUSTOMERS, LOSS OF DATA COLLECTED THROUGH THE SERVICE OR LOSS OF OR DAMAGE TO REPUTATION OR GOODWILL, IN EACH CASE, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF THE PARTY OR ITS SUBSIDIARIES AND AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Exclusion of Certain Losses. 8.3.1. To the extent permitted by law, no Participant shall have any liability to any other Participant for or in relation to:
a. loss of profit or revenue;
b. loss of anticipated savings of any kind;
c. loss of bargain;
d. pure economic loss;
e. loss or corruption of data;
f. loss of opportunity;
g. loss of production;
h. loss of goodwill; or i. overhead or administrative expenses.
Exclusion of Certain Losses. (i) An Indemnified Party shall not be indemnified by the Indemnifying Party in accordance with this Section 8 if and to the extent that
Exclusion of Certain Losses. (i) An Indemnified Party shall not be indemnified by the Indemnifying Party in accordance with this Section 8 if and to the extent that (u) the Loss of the Indemnified Party is actually recovered from a Third Party or under any insurance policy; provided, however, that the Indemnified Party shall assign its rights and claims against such Third Party (other than a customer where the Indemnified Party has reasonably concluded that the financial or other business consequences of pursuing a claim against such customer would outweigh the potential recovery) or insurance to the Indemnifying Party such that the Indemnifying Party can recover itself from the Third Party or the insurance if and to the extent the Indemnified Party does not assert claims against the Third Party or the insurance itself, less costs of collection thereof, deductible, and retropremium obligations and a reasonable estimate of future premium increases directly attributable thereto,
Exclusion of Certain Losses. Neither party will be liable for any loss of profits, loss of data, loss of business opportunity and liabilities in respect of third parties, or special, incidental, indirect or consequential loss or damages, which may be suffered or incurred or which may arise directly or indirectly in connection with any material or services supplied under this Agreement or in connection with any act or omission (negligent or otherwise) on the part of a party, or otherwise out of the relationship created by this Agreement.
