IN NO EVENT AND UNDER. NO CIRCUMSTANCES SHALL EITHER PARTY TO THIS AGREEMENT BE LIABLE TO ANYONE, INCLUDING, WITHOUT LIMITATION TO THE OTHER PARTY, FOR PUNITIVE, CONSEQUENTIAL, INDIRECT, OR OTHER SPECIAL DAMAGES OR FOR ANY ACT OR FAILURE TO ACT, IN EACH CASE, IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT EVEN IF, IN EACH CASE, ADVISED OF THE POSSIBILITY THEREOF.
Appears in 8 contracts
Samples: Agency Agreement (NorthStar Real Estate Capital Income Fund-C), Agency Agreement (NorthStar Real Estate Capital Income Fund-Adv), Agency Agreement (NorthStar/Townsend Institutional Real Estate Fund Inc.)
IN NO EVENT AND UNDER. NO CIRCUMSTANCES SHALL EITHER PARTY TO UNDER THIS AGREEMENT BE LIABLE TO ANYONEANY PERSON, INCLUDING, WITHOUT LIMITATION TO THE OTHER PARTY, FOR PUNITIVE, CONSEQUENTIAL, INCIDENTAL, INDIRECT, OR OTHER SPECIAL DAMAGES UNDER ANY PROVISION OF THIS AGREEMENT OR FOR ANY ACT OR FAILURE TO ACTACT HEREUNDER, IN EACH CASE, IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT EVEN IF, IN EACH CASE, IF ADVISED OF THE POSSIBILITY THEREOF.
Appears in 4 contracts
Samples: Agency Agreement (Broadstone Real Estate Access Fund), Agency Agreement (Broadstone Real Estate Access Fund, Inc.), Agency Agreement (Triloma EIG Global Energy Term Fund I)
IN NO EVENT AND UNDER. NO CIRCUMSTANCES SHALL EITHER PARTY TO THIS AGREEMENT BE LIABLE TO ANYONE, INCLUDING, WITHOUT LIMITATION TO THE OTHER PARTY, FOR PUNITIVE, CONSEQUENTIAL, INDIRECT, OR OTHER SPECIAL CONSEQUENTIAL DAMAGES OR FOR ANY ACT OR FAILURE TO ACT, IN EACH CASE, IN CONNECTION WITH ACT UNDER ANY PROVISION OF THIS AGREEMENT EVEN IF, IN EACH CASE, IF ADVISED OF THE POSSIBILITY THEREOF.
Appears in 2 contracts
Samples: Transfer Agent Agreement (Chubb Investment Funds Inc), Transfer Agent Agreement (Van Eck Funds)
IN NO EVENT AND UNDER. NO CIRCUMSTANCES SHALL EITHER PARTY TO THIS AGREEMENT BE LIABLE TO ANYONE, INCLUDING, WITHOUT LIMITATION TO LIMITATION, THE OTHER PARTY, FOR PUNITIVE, CONSEQUENTIAL, INDIRECT, OR OTHER SPECIAL CONSEQUENTIAL DAMAGES OR FOR ANY ACT OR FAILURE TO ACT, IN EACH CASE, IN CONNECTION WITH ACT UNDER ANY PROVISION OF THIS AGREEMENT EVEN IF, IN EACH CASE, ADVISED OF THE POSSIBILITY THEREOFAGREEMENT.
Appears in 1 contract
