Exclusion of Consequential Damages, Etc Sample Clauses

Exclusion of Consequential Damages, Etc. In no event shall either party be liable to the other for any consequential, indirect, special, or incidental damages, even if such party has been advised of the possibility of such potential loss or damage. The foregoing limitations shall not be construed to diminish the obligations of indemnity set forth in Section 8 hereof.
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Exclusion of Consequential Damages, Etc. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY LOST PROFITS, LOST SAVINGS, OR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT.
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Exclusion of Consequential Damages, Etc. In no event shall either party be liable to the other for any consequential, indirect, special, or incidental damages resulting from breach of this Agreement, even if such party has been advised of the possibility of such potential loss or damage.
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Exclusion of Consequential Damages, Etc. EXCEPT TO THE EXTENT SET FORTH IN ARTICLE 9, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING BUT NOT LIMITED TO FAILURES OR LIMITATIONS OF THE SOFTWARE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE.
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Exclusion of Consequential Damages, Etc. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING BUT NOT LIMITED TO FAILURES OR LIMITATIONS OF THE SOFTWARE OR CONSULTING SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE.
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Exclusion of Consequential Damages, Etc. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY (a) LOSS, DAMAGE, CORRUPTION OR RECOVERY OF DATA, OR BREACH OF DATA OR SYSTEM SECURITY OR (b) CONSEQUENTIAL, INDIRECT, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING BUT NOT LIMITED TO FAILURES OR LIMITATIONS OF THE SOFTWARE OR SOFTWARE SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE.
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Exclusion of Consequential Damages, Etc. Each Party will in no circumstances be liable to the other Party or any person claiming through that other Party for any indirect, incidental, consequential, reliance, or special damages or for lost revenues, loss of data, lost savings or lost profits of any kind, regardless of the form of action, whether in contract, warranty, strict liability or tort, including, without limitation, negligence of any kind whether active or passive. Each Party will in no circumstances be liable for any damages attributable to any service, product or actions of any person other than that Party, its employees and agents. Service Provisioning Information SELLER will request for certain company particulars and service provisioning information (the “Information”) from BUYER for the provision of the IDC Service. BUYER may decline to provide such information but SELLER may reserve the right to decline the provision of the IDC Service. XXXXX agrees and understands that SELLER may use the Information for provision of the IDC Service to BUYER including the transfer of such Information to other IDC Service providers or third parties as necessary for the provision of the IDC Service to BUYER and/or transfer of such Information to Affiliates as necessary for the provision of any service by such Affiliates; improving the IDC Service or the provision of services by Affiliates; analyzing, authenticating and checking BUYER’s credit, payment and/or status in relation to the provision of the IDC Service. processing of any payment instructions, direct debit facilities and/or credit facilities in relation to the provision of the IDC Service or requested by BUYER. enabling the daily operation of BUYER’s accounts with SELLER or SELLER’s Affiliates and/or the collection of amounts outstanding from BUYER (which may include disclosing to debt collection agents) in relation to the IDC Service or any products or services provided by SELLER’s Affiliates; and disclosure as required by law or prevention or detection of crime. BUYER shall notify SELLER of any changes of the Information which may affect the provision of the IDC Service to BUYER. On SELLER’s request, BUYER shall provide SELLER with information relating to BUYER and BUYER’s use of IDC Service reasonably required by SELLER to assist SELLER in compliance with any applicable law; report to any government agency regarding compliance with those obligations; and assess whether XXXXX has complied, is complying and will be able to comply with all o...
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Exclusion of Consequential Damages, Etc 
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Related to Exclusion of Consequential Damages, Etc

  • Waiver of Consequential Damages, Etc To the fullest extent permitted by applicable law, the Borrower shall not assert, and hereby waives, any claim against any Indemnitee, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement, any other Loan Document or any agreement or instrument contemplated hereby, the transactions contemplated hereby or thereby, any Loan or Letter of Credit or the use of the proceeds thereof. No Indemnitee referred to in subsection (b) above shall be liable for any damages arising from the use by unintended recipients of any information or other materials distributed to such unintended recipients by such Indemnitee through telecommunications, electronic or other information transmission systems in connection with this Agreement or the other Loan Documents or the transactions contemplated hereby or thereby other than for direct or actual damages resulting from the gross negligence or willful misconduct of such Indemnitee as determined by a final and nonappealable judgment of a court of competent jurisdiction.

  • Consequential Damages Neither party to this Agreement shall be liable to the other party for special, indirect or consequential damages under any provision of this Agreement or for any special, indirect or consequential damages arising out of any act or failure to act hereunder.

  • No Consequential Damages Other than the Liquidated Damages heretofore described and the indemnity obligations set forth in Article 18.1, in no event shall any Party be liable under any provision of this Agreement for any losses, damages, costs or expenses for any special, indirect, incidental, consequential, or punitive damages, including but not limited to loss of profit or revenue, loss of the use of equipment, cost of capital, cost of temporary equipment or services, whether based in whole or in part in contract, in tort, including negligence, strict liability, or any other theory of liability; provided, however, that damages for which a Party may be liable to another Party under separate agreement will not be considered to be special, indirect, incidental, or consequential damages hereunder.

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