Common use of Exclusion of Damages Clause in Contracts

Exclusion of Damages. Neither party shall be liable to the other party for any indirect, special, consequential or punitive damages, including, but not limited to, loss of business or loss of profits, regardless of the form of action, which may arise from the performance, nonperformance, default or other breach of this Agreement.

Appears in 4 contracts

Samples: Trust Agreement, Trust Agreement, Master Trust Agreement (Hawaiian Electric Industries Inc)

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Exclusion of Damages. Neither party shall In no event will either Party be liable to the other party Party for any special, incidental, indirect, specialor consequential damages (including for lost profits or lost data), consequential whether based on breach of contract, tort (including negligence), product liability, or punitive damagesotherwise, including, but and whether or not limited to, loss of business or loss of profits, regardless such Party has been advised of the form possibility of action, which may arise from the performance, nonperformance, default or other breach of this Agreementsuch damage.

Appears in 2 contracts

Samples: Acronis #Cyberfit Technology Partner Program Agreement, Acronis #Cyberfit Technology Partner Program Agreement

Exclusion of Damages. Neither party Party shall be liable under any circumstances to the other party Party for any special, indirect, specialpunitive, or consequential damages resulting from or punitive damagesarising out of any act or omission related to its performance of this Agreement, including, but not limited toincluding without limitation, loss of profit or business interruption, however the same may be caused, whether by the sole, joint, or loss concurrent negligence, fault, or liability without fault of profitsany Party; provided, regardless of the form of actionhowever, which may arise from the performance, nonperformance, default that this Section 4.3 shall not limit in any way a Party’s indemnification rights with respect to a claim or other breach of this Agreementdemand made by any third person against a Party.

Appears in 2 contracts

Samples: Interconnection Agreement, Interconnection Agreement

Exclusion of Damages. Neither party Party shall be liable to the other party Party for any loss of profit, goodwill or business opportunity (whether direct or indirect), special, indirect or consequential or punitive damages, includingor any claims for consequential compensation whatsoever, but not limited to, loss in each case (howsoever caused) which arise out of business or loss of profits, regardless of the form of action, which may arise from the performance, nonperformance, default or other breach of in connection with this Agreement.

Appears in 1 contract

Samples: Authorization and Supply Agreement (Opgen Inc)

Exclusion of Damages. Neither party shall will be liable to the other party for any indirect, consequential, special, consequential or punitive damages, including, but not limited to, loss of business damages for any actions resulting from or loss of profits, regardless of the form of action, which may arise from the performance, nonperformance, default or other breach arising out of this Agreementagreement, whether based on contract, tort (including negligence), strict liability, contribution, or otherwise.

Appears in 1 contract

Samples: Electric Vehicle Charging Station Pilot Agreement

Exclusion of Damages. Neither party shall will be liable to the other party for lost profits, revenues, or business opportunities, nor any indirectexemplary, punitive, special, indirect, incidental, or consequential damages (whether direct or punitive damages, including, but not limited to, loss of business or loss of profits, indirect); regardless of the form of action, which may arise from the performance, nonperformance, default whether these damages were foreseeable or other breach of this Agreementeither party was advised they were possible.

Appears in 1 contract

Samples: Telecheck Verification Services Addendum

Exclusion of Damages. Neither In no event will either party shall be liable have any liability to the other party for any lost profits, revenues or indirect, special, consequential incidental, consequential, cover or punitive damages, includingcost or procurement of substitute service, but not limited to, loss of business whether an action is in contract or loss of profits, tort and regardless of the form theory of actionliability, which may arise from even if a party has been advised of the performance, nonperformance, default or other breach possibility of this Agreementsuch damages. The foregoing disclaimer will not apply to the extent prohibited by law.

Appears in 1 contract

Samples: Master Subscription Agreement

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Exclusion of Damages. Neither party shall Party hereto shall, under any circumstances, be liable to the other party for any indirect, specialconsequential, consequential punitive, incidental, special or punitive exemplary damages, including, but not limited to, loss of business or loss of profits, regardless even if apprised of the form likelihood of action, which may arise from the performance, nonperformance, default or other breach of this Agreementsuch damages occurring.

Appears in 1 contract

Samples: Strategic Alliance and Joint Development Agreement (Siboney Corp)

Exclusion of Damages. Neither party shall will be liable to the other party for lost profits, revenues or business opportunities, nor any indirectexemplary, punitive, special, indirect, incidental, or consequential damages (whether any are direct or punitive damages, including, but not limited to, loss of business or loss of profits, indirect); regardless of the form of action, which may arise from the performance, nonperformance, default whether these damages were foreseeable or other breach of this Agreementeither party was advised they were possible.

Appears in 1 contract

Samples: Telecheck Service Application and Agreement

Exclusion of Damages. Neither Except for each party’s indemnity obligations and a breach by Xxxxxxxx of the confidentiality obligations or Section 5 hereunder, neither party shall be liable to the other party for any loss of sales, profit, business or data or for any indirect, consequential, exemplary, special, consequential incidental, multiple or punitive damages, including, but not limited to, loss of business or loss of profits, regardless damages even if advised of the form possibility of action, which may arise from the performance, nonperformance, default or other breach of this Agreementsuch damages.

Appears in 1 contract

Samples: Merchant Voucher Program Agreement

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