Exclusion of Consequential Loss. Except as expressly provided otherwise in clause 27 or the IRMP Provisions which form part of this Agreement under clause 3, neither Party is liable to the other under or in connection with this Agreement (including under an indemnity) for any Consequential Loss however caused (including any breach of this Agreement or negligent act or omission of a Party).
Exclusion of Consequential Loss. Despite any other provision of this Licence, both Parties exclude, and agree that they will have no rights against the other for liability for consequential or indirect loss arising out of this Licence including (without limitation) in respect of loss of profits or loss of business. This clause does not apply in respect of wilful acts by either Party.
Exclusion of Consequential Loss. Despite any other provision of this Agreement, neither Party will be liable to the other for, nor will any indemnity by either Party under this Agreement extend to, any Consequential Loss suffered by or Claimed against that other Party.
Exclusion of Consequential Loss. A Party will not be liable to the other Party for any Consequential Loss suffered by or Claimed against another Party arising out of, or in any way related to, this Agreement.
Exclusion of Consequential Loss.
(a) Notwithstanding anything in this Contract (express or implied), in no circumstances whatsoever (including negligence) is a party entitled to recover from the other party any damages for business interruption or loss of actual or anticipated revenue, income or profits or any indirect, consequential, contingent or penal damages whatsoever arising out of, or in respect of, this Contract, with the exception of damages covered under a policy of insurance held by the other party, for which that party’s liability shall be limited to the cover available under such insurance policy.
(b) Each party releases the other party from, and indemnifies them and shall keep them indemnified from, any such liability.
Exclusion of Consequential Loss. Without prejudice to AHPRA's right to recover Funds under this Agreement, neither party is liable to the other party under this Agreement at law or otherwise for any Consequential Loss. This clause does not apply to the indemnity in clause 11.1(a).
Exclusion of Consequential Loss. No party will be liable under this agreement to the other for any special, indirect, consequential or punitive loss or damage including loss of revenue, loss of profits, loss of or corruption of data, failure to realise expected savings or other commercial or economic loss of any kind.
Exclusion of Consequential Loss. (a) As the CUSTOMER and/or USER, you expressly understand and agree that the KOMATSU ENTITIES will not be liable for any Consequential Loss.
(b) In this article, Consequential Loss means any direct, indirect, incidental, special, consequential or exemplary damages, whether in contract or tort, including negligence or otherwise, including, but not limited to, damages for actual or anticipated profit, loss of use, loss of productivity, loss of revenue, lost savings, business interruption of any nature, computer interruption, loss of contracts, loss of opportunity, increased costs and expenses, wasted expenditure, loss arising from delay, loss by reason of shutdown or non-operation or increased cost of borrowing capital or financing, loss of reputation or goodwill, loss of data or other intangible losses, even if we have been advised of the possibility of such damages, including, but not limited to, damages resulting from:
(i) the use or the inability to use the SERVICE or any KOMTRAX units;
(ii) the cost of procurement of substitute services and goods resulting from any goods, data, information or services purchased or obtained or messages received, or transactions entered into, through or from the SERVICE;
(iii) unauthorized access to or alteration of your transmissions or data;
(iv) statements or conduct of any third party on the SERVICE;
(v) the performance or non-performance of the KOMTRAX units;
(vi) failure by you to provide any notices required hereunder; or
(vii) any other matter relating to the SERVICE.
Exclusion of Consequential Loss. Neither party will be liable under this Contract for any indirect, special or consequential damages or loss including loss of actual or anticipated revenue, loss of business or goodwill, loss of use or operation or loss of opportunity howsoever caused or arising under this Contract.
Exclusion of Consequential Loss. We are not liable to you for Consequential Loss.
