EXCLUSION OF CONSEQUENTIAL LOSSES. WE WILL NOT IN ANY CIRCUMSTANCES HAVE ANY LIABILITY TO YOU FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF ANTICIPATED SAVINGS, LOSS OF OR DAMAGE TO DATA, THIRD PARTY CLAIMS OR ANY CONSEQUENTIAL LOSS. WE STRONGLY RECOMMEND THAT YOU INSURE AGAINST ALL SUCH POTENTIAL LOSS, DAMAGE, EXPENSE OR LIABILITY.
EXCLUSION OF CONSEQUENTIAL LOSSES. Notwithstanding anything to the contrary contained in this Agreement, the indemnities herein provided shall not include any claim or recovery in respect of; any cost, expense, loss or damage of an indirect, incidental or consequential nature, including loss of profit, except as expressly provided in this Concession Agreement.
EXCLUSION OF CONSEQUENTIAL LOSSES. 16.4.1 Subject to, and without prejudice to, any indemnities contained within this Contract and Clauses 16.1 and 16.2, neither Party will be liable for any indirect or consequential losses (including pure economic loss, loss of profits, loss of business, depletion of goodwill and like loss and, for the avoidance of doubt, such losses will for the purposes of this Contract be regarded as indirect or consequential loss and not direct losses) howsoever caused arising under this Contract.
16.4.2 Notwithstanding the provisions of Clause 16.4.1, the Parties acknowledge that the following types of losses will be regarded as direct (and not consequential or indirect) losses for the purposes of this Contract:
16.4.2.1 the Authority’s reasonable costs of internal and external staff (including associated expenses reasonably incurred by such staff) necessitated as a result of the Contractor’s default (including the costs of such staff performing or re-performing the Services which the Contractor, if properly performing its obligations in accordance with this Contract, should have performed);
16.4.2.2 any costs incurred by the Authority in connection with the termination of this Contract by the Authority under Clauses 27.1 or 27.2, including those costs set out in Clauses 28.2 and 28.3;
16.4.2.3 the costs of reconstituting and/or recovering any Authority Data that is destroyed, corrupted, degraded and/or lost as a result of an act or omission of the Contractor and/or the Contractor Personnel (including the costs of employing a third party to reconstitute and/or recover such data); and
16.4.2.4 any loss or liability (including payment of service credits)) that the Authority suffers/ becomes liable for under any agreement with any Third Party as a result of any act or omission of the Contractor.
EXCLUSION OF CONSEQUENTIAL LOSSES. 21.4.1 Subject to, and without prejudice to, Clause 21.1 and liquidated damages provisions contained within this Contract (which shall not be limited in nature by this Clause or otherwise save in the case of liquidated damages, if and where the Parties agree to a cap in respect of the same), neither Party will be liable for any indirect or consequential losses (including pure economic loss, loss of profits, loss of business, depletion of goodwill and like loss) and, for the avoidance of doubt howsoever caused arising under this Contract.
21.4.2 Notwithstanding the provisions of Clause 21.4.1, the Parties acknowledge and agree that the following types of losses will be regarded as direct (and not consequential or indirect) losses for the purposes of this Contract:
21.4.2.1 the Authority’s and the Service Recipients’ reasonable costs of internal and external staff (including associated expenses reasonably incurred by such staff) necessitated as a result of the Contractor’s or the Contractor Personnel’s default (including the costs of such staff performing or re-performing the Services which the Contractor, if properly performing its obligations in accordance with this Contract, should have performed);
21.4.2.2 any costs incurred by the Authority and/or the Service Recipients in connection with the termination of this Contract by the Authority under Clauses 32.1 or 32.2, including those costs set out in Clauses 33.2 and 33.3 and/or the termination by the Authority of the Contractor’s obligation to Provide the Works for reasons R1-R15 (inclusive), R18 or R22 (as defined in the Capital Works Conditions of Contract);
21.4.2.3 the costs of reconstituting and/or recovering any Authority Data (and/or data of the Service Recipients) that is destroyed, corrupted, degraded and/or lost as a result of an act or omission of the Contractor and/or the Contractor Personnel (including the costs of employing a third party to reconstitute and/or recover such data); and
21.4.2.4 any direct loss or liability (including payment of service credits or liquidated damages) that the Authority and/or another Service Recipient suffers/ becomes liable for under any agreement with any Third Party as a result of any act or omission of the Contractor and/or of the Contractor Personnel.
EXCLUSION OF CONSEQUENTIAL LOSSES. To the full extent permitted by law, under no circumstance is the Supplier liable to either the Buyer or the Landowner (whether in contract, tort or otherwise) for any:
(a) loss of profit, revenue or anticipated savings, business interruption, loss of chance or business opportunity, loss of or damage to goodwill or reputation, or claims by a third party for liquidated sums; or
(b) indirect or consequential loss, (even if the Buyer or Landowner has advised the Supplier of that possibility), however it arises, or for any punitive or exemplary damages.
EXCLUSION OF CONSEQUENTIAL LOSSES. 17.8.1 Neither Party shall be entitled to recover from the other under any circumstances whatsoever any consequential or indirect loss.
EXCLUSION OF CONSEQUENTIAL LOSSES. Neither party is liable to the other for any kind of indirect or Consequential Loss or damage, including loss or corruption of the Confidential Information, copies or backups, arising out of or in connection with this Agreement.
EXCLUSION OF CONSEQUENTIAL LOSSES. Notwithstanding any other term of the Agreement, neither Party will be liable to the other Party for any Consequential Loss(es) in connection with the Agreement. PART R: TERMINATION
EXCLUSION OF CONSEQUENTIAL LOSSES. (a) Subject to any claims made because of a breach of a non-excludable provision available under the Australian Consumer Law (ACL), FuseWare its employees, officers and agents are not liable for any loss or damage, including, but not limited to, direct, indirect or consequential losses including any form of consequential loss such as any third
(i) any inaccurate or incorrect information provided about FuseSign;
(ii) the Subscriber’s and its End Users use of FuseSign;
(iii) any failure or delay including, but not limited to, the use or inability to use FuseSign; and
(iv) any interference with or damage to Subscriber’s or its End User’s computers or those of Third Party Users which occurs in connection with use of FuseSign.
EXCLUSION OF CONSEQUENTIAL LOSSES. ABSOLUTE SOCIAL CLUBWILL NOT IN ANY CIRCUMSTANCES HAVE ANY LIABILITY TO YOU FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF ANTICIPATED SAVINGS, LOSS OF OR DAMAGE TO DATA, THIRD PARTY CLAIMS OR ANY CONSEQUENTIAL LOSS. ABSOLUTE
