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: Agreement, Agreement, Tenable Master Agreement

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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: metroplexenergy.com

Indirect Damages. Neither 11.1.1. Except as set forth in Section 11.1.2 below, neither Party shall be liable to the other for any indirect, incidentalconsequential, specialexemplary, punitivespecial or punitive damages (or any comparable category or form of such damages, consequential or exemplary damages howsoever characterized in any jurisdiction), regardless of the nature form of the claim. This prohibition on indirect damages shall includeaction, but not be limited towhether in contract, claims based on lost profitstort, cost of delaystrict liability or otherwise, any failure of delivery, business interruption, cost of lost and even if foreseeable or damaged data, or liabilities to any third parties even if such Party is has been advised of the possibility thereofof such damages.

Appears in 1 contract

Samples: Master Services 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

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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: Xrator Master Services Terms and Conditions

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