Items Not Considered Damages. The following shall not be considered damages subject to, and shall not be counted toward the liability exclusion or cap specified in, Section 18.3(a) or (b):
(i) Service Level Credits or Deliverable Credits assessed against Service Provider pursuant to Exhibit 3.
(ii) Amounts withheld by DIR in accordance with this Agreement due to incorrect Charges or Services not provided.
(iii) Amounts paid by DIR but subsequently recovered from Service Provider due to incorrect Charges or Services not provided.
(iv) Invoiced Charges and other amounts that are due and owing to Service Provider for Services under this Agreement.
Items Not Considered Damages. (a) The following shall not be considered damages subject to, and shall not be counted toward any liability exclusion or cap:
(i) Service Level Credits or Deliverable Credits assessed against Successful Respondent pursuant to Exhibit 1 SOW, Attachment 1.2
Items Not Considered Damages. Fees that are due and owing to Subcontractor for Services performed under this Agreement shall not be considered damages subject to, and shall not be counted toward the liability cap specified in Section 20.1. In addition, liquidated damages and Service Level Credits shall not be considered damages subject to, and shall not be counted toward the liability cap specified in Section 20.1.
Items Not Considered Damages. Charges and other amounts that are due and owing to HP-OMS for Services performed under this Agreement shall not be considered damages subject to, and shall not be counted toward the liability cap specified in Section 18.1 (CAP ON OVERALL LIABILITY). PORTIONS OF THIS AGREEMENT HAVE BEEN OMITTED PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT FROM THE SEC
Items Not Considered Damages. The following shall not be considered damages subject to, and shall not be subject to the limitations specified in, Section 18.3(a) and shall not be counted toward the liability cap specified in, Section 18.3
Items Not Considered Damages. The following shall not be considered damages subject to, and shall not be counted toward the liability exclusion or cap specified in, Sections 17.3(a) or 17.3(b):
(i) Service Level Reimbursements or Deliverable Fees assessed against Contractor.
(ii) Amounts withheld by OCA in accordance with this Agreement due to incorrect Charges or Services not provided.
(iii) Amounts paid by OCA but subsequently recovered from Contractor due to incorrect Charges or Services not provided.
(iv) Invoiced Charges and other amounts that are due and owing to Contractor for Services under this Agreement.
Items Not Considered Damages. The following shall not be considered damages subject to, and shall not be counted toward the liability exclusions or caps specified in, Section 18.3.1 or 18.3.2:
18.3.4.1 [ * * * ] assessed against [ * * * ] pursuant to [ * * * ], recognizing that the [ * * * ] will reduce the amount paid by [ * * * ] and thereby have the effect of reducing [ * * * ] limitation of liability where such liability is calculated based on the fees paid by [ * * * ] during the applicable period.
18.3.4.2 Amounts withheld by [ * * * ] in accordance with this Agreement due either to [ * * * ] or [ * * * ].
18.3.4.3 Amounts paid by [ * * * ] but subsequently recovered from [ * * * ] due either to [ * * * ] or [ * * * ].
18.3.4.4 [ * * * ] and other amounts that are due and owing to [ * * * ] for [ * * * ] under this Agreement.
18.3.4.5 [ * * * ] reimbursement obligations under [ * * * ]
Items Not Considered Damages. Notwithstanding anything that may be contained herein to the contrary, the following shall not be considered liabilities, amounts or damages that count toward satisfaction of the MetroPCS Cap or the Supplier Cap, as the case may be:
(b) amounts paid by MetroPCS but subsequently recovered from Supplier due to incorrect charges for Services not having been provided;
(c) any attorneys’ fees and/or costs awarded to a Party (including under Section 11.12); and
(d) to the extent a party elects to cure any failure by it to comply with its obligations under the Agreement, all costs and expenses associated with such cure.
Items Not Considered Damages. The following shall not be considered damages subject to, and shall not be counted toward the liability cap specified in, Section 16.2(a) and 16.2(b):
(i) Amounts withheld by TXU in accordance with this Agreement due either to incorrect Charges by Vendor or non-conforming Services.
(ii) Amounts paid by TXU but subsequently recovered from Vendor due either to incorrect Charges by Vendor or non-conforming Services.
(iii) Invoiced Charges and other amounts that are due and owing to Vendor for Services under this Agreement.
Items Not Considered Damages. The following shall not be considered damages subject to, and shall not be counted toward the liability exclusion or cap specified in, Section 18.2(a) or (b):
(i) Amounts withheld by Ascension Health or an Eligible Recipient in accordance with this Agreement or paid by Ascension Health or an Eligible Recipient but subsequently recovered from Supplier due either to incorrect Charges by Supplier or non-conforming Services.
(ii) Invoiced Charges and other amounts that are due and owing to Supplier for Services under this Agreement.
