Common use of Force Majeure; Special Damages Clause in Contracts

Force Majeure; Special Damages. The Custodian shall not be liable for delays, errors or losses occurring by reason of circumstances beyond its control, including, without limitation, acts of God, market disorder, terrorism, insurrection, war, riots, failure of transportation or equipment, or failure of vendors, communication or power supply. In no event shall the Custodian be liable to any person or entity for consequential or special damages, even if the Custodian has been advised of the possibility or likelihood of such damages.

Appears in 6 contracts

Samples: Control Agreement (FS Energy & Power Fund), Control Agreement (FS Investment CORP), Control Agreement (FS Investment Corp II)

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Force Majeure; Special Damages. The Custodian shall not be liable for delays, errors or losses occurring by reason of circumstances beyond its control, including, without limitation, acts of God, market disorder, terrorism, insurrection, war, riots, failure of transportation or equipment, or failure of vendors, communication or power supply. In no event shall the Custodian be liable to any person or entity for consequential or special damages, even if the Custodian has been advised of the possibility or likelihood of such damages.

Appears in 1 contract

Samples: Credit Agreement (Aberdeen Asia-Pacific Income Fund Inc)

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Force Majeure; Special Damages. The Custodian shall not be liable for delays, errors or losses occurring by reason of circumstances beyond its control, including, without limitation, acts of God, market disorder, terrorism, insurrection, war, riots, failure of transportation or equipment, or failure of vendors, communication or power supply. In no event shall the Custodian be liable to any person or entity for indirect, consequential or special damages, even if the Custodian has been advised of the possibility or likelihood of such damages.

Appears in 1 contract

Samples: Control Agreement (NexPoint Capital, Inc.)

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