Common use of Indirect Damages Clause in Contracts

Indirect Damages. Neither Party shall be liable to the other for any indirect, incidental, special, punitive, consequential or exemplary damages regardless of the nature of the claim. This prohibition on indirect damages shall include, but not be limited to, claims based on lost profits, cost of delay, any failure of delivery, business interruption, cost of lost or damaged data, or liabilities to any third parties even if such Party is advised of the possibility thereof.

Appears in 4 contracts

Samples: Master Agreement, Master Agreement, Master Agreement

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Indirect Damages. Neither Under no circumstances shall either Party shall be liable to the other Party or any third party for any indirectdamages resulting from loss of revenue, incidentalanticipated profit, speciallost business, punitive, consequential or exemplary damages regardless of the nature of the claim. This prohibition on indirect damages shall include, but not be limited to, claims based on lost profits, cost costs of delay, any or failure of delivery, business interruption, cost except where such damages are directly caused by at least grossly negligent breach of lost or damaged data, or liabilities to any third parties even if such Party is advised of this Agreement by the possibility thereofParty.

Appears in 1 contract

Samples: Moss Partner Agreement

Indirect Damages. Neither Party shall be liable responsible to the other or to any third party for any indirecteconomic, consequential, incidental, specialor punitive damages (including but not limited to loss of use, punitiveincome, consequential profits, financing, or exemplary damages regardless loss of reputation) arising out of or relating to this Agreement or the performance of the nature of the claim. This prohibition on indirect damages shall include, but not be limited to, claims based on lost profits, cost of delay, any failure of delivery, business interruption, cost of lost or damaged data, or liabilities to any third parties even if such Party is advised of the possibility thereofservices thereunder.

Appears in 1 contract

Samples: Contract for Landscape Maintenance

Indirect Damages. Neither Party shall party will be liable to the other party for any indirectconsequential, incidental, special, punitive, consequential indirect or exemplary damages regardless damages, including by not limited to any loss of profits, business contracts, anticipated savings, goodwill, data, productivity or revenue, or any wasted expenditure, in each case arising out of or related to the subject matter of the nature Agreement, even if apprised of the claim. This prohibition on indirect likelihood of such damages shall include, but not be limited to, claims based on lost profits, cost of delay, any failure of delivery, business interruption, cost of lost or damaged data, or liabilities to any third parties even if such Party is advised of the possibility thereofoccurring.

Appears in 1 contract

Samples: Terms of Services

Indirect Damages. Neither Party shall be liable to the other for any indirect, incidental, special, punitive, consequential or exemplary damages regardless of the nature of the claim. This prohibition on indirect damages shall include, but not be limited to, claims based on lost profits, cost of delay, any failure of deliveryDelivery, business interruption, cost of lost or damaged data, or liabilities to any third parties even if such Party is advised of the possibility thereof.

Appears in 1 contract

Samples: Master Agreement

Indirect Damages. Neither Party shall be liable to the other for any indirect, incidental, special, punitive, or consequential or exemplary damages regardless of the nature of the claim. This prohibition on indirect damages shall include, such as but not be limited toto damages to third parties, claims based on lost profitsloss of business, cost revenues, profits or goodwill or loss or inaccuracy of delay, any failure of delivery, business interruption, cost of lost or damaged data, or liabilities to any third parties even if such Party is advised of the possibility thereof.

Appears in 1 contract

Samples: Master Services Agreement

Indirect Damages. Neither Party shall In no event will either party or its affiliates be liable to the other party for any incidental, indirect, incidental, special, consequential, punitive, consequential or exemplary damages other indirect damages, regardless of the nature of the claim. This prohibition on indirect damages shall include, but not be limited toincluding, claims based on without limitation, lost profits, cost costs of delay, any failure of delivery, business interruption, cost costs of lost or damaged datadata or documentation, or liabilities to any third parties arising from any source, even if such Party is the other party has been advised of the possibility thereofof such damages.

Appears in 1 contract

Samples: End User License Agreement

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Indirect Damages. Neither In no event shall either Party shall be liable to the other for any indirectindirect or consequential damages (including loss of profits and loss of use) resulting from, incidental, special, punitive, consequential or exemplary damages regardless of the nature of the claim. This prohibition on indirect damages shall include, but not be limited to, claims based on lost profits, cost of delay, any failure of delivery, business interruption, cost of lost or damaged dataarising out of, or liabilities in connection with a Party’s performance or failure to any third parties perform under this Agreement, whether due to a breach of contract, breach of warranty, tort, negligence or otherwise, even if such a Party is has been advised of the possibility thereofof such damages.

Appears in 1 contract

Samples: Manufacturing Services Agreement (Trident Microsystems Inc)

Indirect Damages. Neither Party Unless it has caused such damages or losses of the other party intentionally, neither party shall be liable to the other party for any indirect, incidental, special, punitivepunitive or consequential loss or damages, consequential or exemplary damages regardless for loss of the nature of the claim. This prohibition on indirect damages shall includerevenues, but not be limited to, claims based on lost profits, cost of delay, any failure of delivery, business interruption, cost of lost profits or damaged data, arising out of performance under this Agreement, whether in contract or liabilities to any third parties in tort or otherwise, even if such Party is party has been advised of the possibility thereofof such damages.

Appears in 1 contract

Samples: Commercial Supply Agreement (Minerva Neurosciences, Inc.)

Indirect Damages. Neither Party shall be liable to the other, whether in contract, tort, breach of warranty, or any other theory for any indirect, incidental, special, punitive, or consequential damages arising out of or exemplary relating to its performance or failure to perform under this Agreement. Notwithstanding the foregoing, any liability or costs for which Seller is responsible pursuant to Section 7.2 will be considered direct damages regardless of the nature of the claim. This prohibition on indirect damages shall include, but and will not be limited to, claims based on lost profits, cost of delay, any failure of delivery, business interruption, cost of lost or damaged data, or liabilities to any third parties even if such Party is advised of the possibility thereofby this Section 11.1.

Appears in 1 contract

Samples: General Terms and Conditions for Purchases and Sales

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