Incidental or Consequential Damages. RIMAGE AND THE CUSTOMER AGREE TO HOLD THE OTHER HARMLESS FOR ANY CLAIMS, DAMAGES, LIABILITIES, ACTIONS, OR LOSSES FOR ANY PERSONAL INJURY, DEATH, OR LOSS OR OTHER DAMAGE TO PROPERTY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, MAINTENANCE SERVICE FOR THE COVERED SOLUTION AS DEFINED IN THIS AGREEMENT. RIMAGE SHALL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT COSTS, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR LOSS OF ACTUAL OR ANTICIPATED PROFITS, RESULTING FROM COVERED SOLUTION FAILURES AT THE CUSTOMER'S SITE. IN NO CASE SHALL RIMAGE BE RESPONSIBLE FOR DAMAGES IN EXCESS OF THE AMOUNT THE CUSTOMER PAYS FOR THIS MAINTENANCE AGREEMENT.
Incidental or Consequential Damages. NOTWITHSTANDING ANY OTHER PROVISION HEREIN, LESSOR SHALL NOT BE LIABLE TO LESSEE FOR (AND LESSEE SHALL RELEASE, PROTECT, DEFEND, INDEMNIFY AND HOLD LESSOR HARMLESS FROM AND AGAINST) ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSSES SUFFERED BY THE LESSEE OR ITS PARENT, AFFILIATES, SUBSIDIARIES AND SUBCONTRACTORS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, CUSTOMERS AND INVITEES, RESULTING FROM OR ARISING, DIRECTLY OR INDIRECTLY, OUT OF OR IN CONNECTION WITH THIS LEASE, THE ORDERS, THE WORK OR OPERATIONS HEREUNDER, INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOSS OF DATA, LOSS OF ASSETS (INCLUDING BUT NOT LIMITED TO LOSS OF OR DELAY IN PRODUCTION, OR LOSS OF SAMPLES), COST OF REDRILL, LOSS OF PROFIT, LOSS OF BUSINESS, OR BUSINESS INTERRUPTION OR DOWNTIME, AND ALL WITHOUT REGARD TO THE SOLE, JOINT, CONCURRENT, GROSS, ACTIVE OR PASSIVE NEGLIGENCE OR BREACH OF DUTY (STATUTORY OR OTHERWISE) OF ANY PARTY. IN THE EVENT THAT THIS PROVISION FAILS OF ITS ESSENTIAL PURPOSE, LESSOR’S LIABILITY HEREUNDER SHALL NOT EXCEED THE TOTAL OF ONE (1) MONTH’S WORTH OF THE LEASE PAYMENT HEREUNDER.
Incidental or Consequential Damages. Neither the Advisor nor the Sub-Advisor shall be liable for any indirect, special, incidental or consequential damages or other losses (regardless of whether such damages or other losses were reasonably foreseeable). The Advisor shall indemnify the Sub-Advisor, its affiliates and its controlling persons (the “Advisor Indemnified Persons”), for any liability and expenses, including reasonable attorneys’ fees, howsoever arising from, or in connection with, the Advisor’s breach of this Agreement, or its representations and warranties herein, or as a direct result of the Advisor’s willful misfeasance, bad faith, negligence, reckless disregard of its duties hereunder, or violation of applicable law; provided, however, that the Advisor Indemnified Persons shall not be indemnified for any liability or expenses which may be sustained as a direct result of the Sub-Advisor’s willful misfeasance, bad faith, negligence, or reckless disregard of its duties hereunder.
Incidental or Consequential Damages. UNDER NO CIRCUMSTANCES SHALL CONTRACTOR BE LIABLE TO OWNER OR ANY OTHER PERSON FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR DAMAGE TO THE BUILDING OR ITS CONTENTS, WHETHER ARISING OUT OF BREACH OF WARRANTY, BREACH OF CONTRACT OR UNDER ANY OTHER THEORY OF LAW.
Incidental or Consequential Damages. It is expressly agreed that neither customer nor beyond shall be liable to the other party and its group for (and the parties shall release, protect, defend, indemnify and hold each other harmless from and against) any special, punitive, indirect, incidental or consequential damages or losses resulting from or arising, directly or indirectly, out of or in connection with the work or operations hereunder, including, without limitation, loss of use, loss of data, loss of assets (including but not limited to loss of or delay in production, or loss of samples), loss of profit, loss of business, or business interruption or downtime, and all without regard to the sole, joint, concurrent, gross, active or passive negligence or breach of duty (statutory or otherwise) of any party.
Incidental or Consequential Damages. The acceptance of the Proposal and Contract by the OWNER AND/OR GENERAL CONTRACTOR signifies his/her agreement that this warranty shall be and is the exclusive remedy against expressly agreed that in the event of any defects in the materials furnished pursuant to this Proposal and Contract, OWNER AND/OR GENERAL CONTRACTOR shall have recourse only against the manufacturer of such material. . warranty is simultaneously void aAnRdCaHllIToEf CATRUCRHAITLESCHEET METAL, if any, shall breesdpeoemnseidbinluitlyl /alniadbviloiitdyitfoOcWorNreEcRt,AsuNpDp/lOemReGnEt,NrEectify, fix, etc. any/all issue(s) as a result of such breach. All warranties/guarantees provided by in full.
Incidental or Consequential Damages. Under no circumstances shall a distributor, an authorized dealer or sales associate be liable to owner or any person for any incidental, special, consequential or other damages including but not
Incidental or Consequential Damages. NEITHER PARTY
Incidental or Consequential Damages. Notwithstanding anything to the contrary in this Agreement, neither Seller nor Buyer shall have any obligation to indemnify either the Buyer Group or the Seller Group, as the case may be, for incidental, consequential, exemplary, special or punitive damages or lost profits; provided that this Section 13.6 shall not apply to incidental, consequential, exemplary, special or punitive damages or lost profits that are components of judgment awards against a member of the Buyer Group or the Seller Group, as the case may be, in actions by third parties to the extent any such judgment award is subject to indemnification pursuant to Section 13.1 or Section 13.2, respectively.
Incidental or Consequential Damages. BRIZO KITCHEN & BATH COMPANY SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LABOR CHARGES TO REPAIR, REPLACE, INSTALL OR REMOVE THIS PRODUCT), WHETHER ARISING OUT OF BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, TORT, OR OTHERWISE. BRIZO KITCHEN & BATH COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGE TO THE FAUCET RESULTING FROM REASONABLE WEAR AND TEAR, OUTDOOR USE, MISUSE (INCLUDING USE OF THE PRODUCT FOR AN UNINTENDED APPLICATION, FREEZING WATER, ABUSE, NEGLECT OR IMPROPER OR INCORRECTLY PERFORMED INSTAL- LATION, MAINTENANCE OR REPAIR, INCLUDING FAILURE TO FOLLOW THE APPLICABLE INSTALLATION, CARE AND CLEANING INSTRUCTIONS. Some
