Common use of Items Not Considered Damages Clause in Contracts

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. 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 Successful Respondent 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 Successful Respondent due to incorrect Charges or Services not provided. (iv) Invoiced Charges and other amounts that are due and owing to Service Provider Successful Respondent 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 18.3(a) or (b): (i) Service Level Credits or Deliverable Credits assessed against Service Provider pursuant to Exhibit 33 Performance Model. (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. 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 Supplier pursuant to Exhibit 3this Agreement or any Subscription Agreement, Service Description or Statement of Work. (ii) Amounts withheld by DIR Allianz in accordance with this Agreement due to incorrect Charges or Services not providedAgreement. (iii) Amounts paid by DIR Allianz but subsequently recovered from Service Provider Supplier due to incorrect Charges or Services not providedby Supplier. . (iv) Invoiced Charges and other amounts that are due and owing to Service Provider Supplier 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 S ection 18.3(a) or (( b): (i) Service Level Credits or Deliverable Credits assessed against Service Provider pursuant to Exhibit E xhibit 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. The following shall not be considered damages subject to, and shall not be counted toward the liability exclusion or cap specified in, Section S ection 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. 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 Supplier pursuant to Exhibit 3.Schedule G. (ii) Amounts withheld by DIR Hercules in accordance with this Agreement due either to incorrect Charges by Supplier or Services not providednon-conforming Services. (iii) Amounts paid by DIR Hercules but subsequently recovered from Service Provider Supplier due either to incorrect Charges by Supplier or Services not providednon-conforming Services. (iv) Invoiced Charges and other amounts that are due and owing to Service Provider Supplier 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 Sections 18.3(a) or (b18.3(b): (i) Service Level Credits or Deliverable Credits assessed against Amounts withheld by Allegheny in accordance with this Agreement due either to incorrect Charges by Service Provider pursuant to Exhibit 3or non-conforming Services. (ii) Amounts withheld by DIR in accordance with this Agreement due to incorrect Charges or Services not provided. (iii) Amounts paid by DIR Allegheny but subsequently recovered from Service Provider due either to incorrect Charges by Service Provider or Services not providednon-conforming Services. (iviii) Invoiced Charges and other amounts that are due and owing to Service Provider for Services under this Agreement.