Indirect, Consequential Damages Sample Clauses
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Indirect, Consequential Damages. Notwithstanding anything to the contrary in this Lease, the Landlord and the Tenant each hereby releases the other and waives all claims against the other and those for whom the other is responsible in law with respect to indirect or consequential losses or damages, including loss of profits. Any costs incurred by Tenant in connection with the performance of the Tenant’s Work and installation of Trade Fixtures which is not readily removable and reusable in another facility following any termination of this Lease due to Landlord’s failure to timely deliver the Premises in the Delivery Condition shall constitute direct and not consequential damages of Tenant and such direct damages shall be recoverable against Landlord. Tenant acknowledges that the Landlord’s Work, to the extent the same constitute leasehold improvements, shall remain with the Premises upon the expiration or earlier termination of the Term of this Lease.
Indirect, Consequential Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLIABLE LAW, VALLEY FIBER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS ASSIGNS, OR ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO YOU OR US IN CONNECTION WITH THE SERVICE SHALL NOT BE LIABILITY UNDER ANY CIRCUMSTANCES FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGED, INCLUDING ANY DAMAGES ARISING FROM OR IN CONNECTION WITH PERSONAL INJURY, WRONGFUL DEATH, PROPERTY DAMAGE, LOSS OF DATA, BREACH OF NETWORK OR DATA SECURITY, LOSS OF REVENUE OR PROFITS, UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF, DATA FILES, PROGRAMS, CONTENT PROCEDURES OR INFORMATION, OR THE USE OR INABILITY TO USE THE SERVICE OR ANY OF THE EQUIPMENT INCLUDING INABILITY TO ACCESS EMERGENCY SERVICE PERSONNEL THROUGH THE 911 DIALING SERVICE, OR TO OBTAIN EMERGENCY HELP. THE LIMITATIONS SET FORTH HEREIN WILL SURVIVE AND APPLY IN ANY AND ALL CIRCUMSTANCES INCLUDING CLAIMS FOUNDED IN BREACH OF CONTRACT, BREACH OF WARRANTY, PRODUCT LIABILITY, TORT, AND ANY AND ALL OTHER THEORIES OF LIABILITY AND APPLY WHETHER OR NOT WE WERE INFORMATION OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGES.
Indirect, Consequential Damages. Notwithstanding anything contained in this Agreement to the contrary, neither party shall be liable to the other party for, and each party hereby releases, indemnifies, defends and holds harmless the other party from and against, any indirect, incidental, special, punitive, exemplary or consequential damages or losses (whether foreseeable or not at the date of this contract), including, without limitation, damages or losses for lost production, lost revenue, lost product, lost profit, lost business, or business interruptions, brought by or in favor of each party as indemnitor, arising out of, or related to, the performance of or subject matter of this Agreement, regardless of the cause, including without limitation any form of negligence, strict liability, breach of warranty (express or implied), breach of duty (statutory or otherwise), breach of contract, or any other legal fault or responsibility of either party, its employees or agents, or any other person or party.