INDIRECT/SPECIAL/CONSEQUENTIAL DAMAGES. Notwithstanding any other provision set forth herein, in no event shall either party 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 11 contracts
Samples: Mutual Fund Custody & Services Agreement (Lincoln Funds Trust), Mutual Fund Custody & Services Agreement (Lincoln Funds Trust), Master Custodian Agreement (Thornburg Income Builder Opportunities Trust)
INDIRECT/SPECIAL/CONSEQUENTIAL DAMAGES. Notwithstanding any other provision set forth herein, in no event shall either party 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, regardless of whether either party has been advised of the possibility of such damages.
Appears in 4 contracts
Samples: Master Custodian Agreement (VanEck Ethereum Trust), Master Custodian Agreement (VanEck Bitcoin Trust), Master Custodian Agreement (Harbor ETF Trust)
INDIRECT/SPECIAL/CONSEQUENTIAL DAMAGES. Notwithstanding any other provision set forth herein, in no event shall either any party hereto 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 2 contracts
Samples: Master Custodian Agreement (Calamos-Avenue Opportunities Fund), Master Custodian Agreement (OFI Carlyle Private Credit Fund)
INDIRECT/SPECIAL/CONSEQUENTIAL DAMAGES. Notwithstanding any other provision set forth herein, in no event shall either party to this Agreement 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
