Common use of INDIRECT/SPECIAL/CONSEQUENTIAL DAMAGES Clause in Contracts

INDIRECT/SPECIAL/CONSEQUENTIAL DAMAGES. Notwithstanding any other provision set forth herein, in no event shall the Custodian be liable for any special, indirect, incidental, punitive or consequential damages of any kind whatsoever (including, without limitation, lost profits) with respect to the services provided pursuant to this Agreement, regardless of whether either party has been advised of the possibility of such damages.

Appears in 68 contracts

Samples: Master Custodian Agreement (Venerable Variable Insurance Trust), Custodian Agreement (New Mountain Guardian IV Income Fund, L.L.C.), Custodian Agreement (New Mountain Guardian IV Unlevered BDC, L.L.C.)

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INDIRECT/SPECIAL/CONSEQUENTIAL DAMAGES. Notwithstanding any other provision set forth herein, in no event shall the Custodian or a Fund be liable for any special, indirect, incidental, punitive or consequential damages of any kind whatsoever (including, without limitation, lost profits) with respect to the services provided pursuant to this Agreement or a breach of this Agreement, regardless of whether either party has been advised of the possibility of such damages.

Appears in 16 contracts

Samples: Master Custodian Agreement (T. Rowe Price Exchange-Traded Funds, Inc.), Master Custodian Agreement (T. Rowe Price Exchange-Traded Funds, Inc.), Master Custodian Agreement (T. Rowe Price Exchange-Traded Funds, Inc.)

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INDIRECT/SPECIAL/CONSEQUENTIAL DAMAGES. Notwithstanding any other provision set forth herein, in no event shall the Custodian or any Fund, be liable for any special, indirect, incidental, punitive or consequential damages of any kind whatsoever (including, without limitation, lost profits) with respect to the services provided pursuant to this Agreement, regardless of whether either party has been advised of the possibility of such damages.

Appears in 1 contract

Samples: Master Custodian Agreement (AltShares Trust)

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