Limitation of Consequential Damages. Subject to 8.4, in no event shall either party be liable under or in relation to this Agreement or its subject matter (whether such liability arises due to negligence, breach of contract, misrepresentation or for any other reason) for any: (a) loss of profits; (b) loss of sales; (c) loss of turnover; (d) loss of, or loss of use of, any (i) software or (ii) data; (e) loss of use of any computer or other equipment or plant; (f) wasted management or other staff time; (g) losses or liabilities under or in relation to any other contract; or (h) indirect, special or consequential loss or damage.
Appears in 3 contracts
Samples: Service Agreement, Smarsh Service Agreement, Smarsh Service Agreement
Limitation of Consequential Damages. Subject to 8.414.2.3, in no event shall either party be liable under or in relation to this Agreement or its subject matter (whether such liability arises due to negligence, breach of contract, misrepresentation or for any other reason) for any: (a) loss of profits; (b) loss of sales; (c) loss of turnover; (d) loss of, or loss of use of, any (i) software or (ii) data; ;
(e) loss of use of any computer or other equipment or plant; (f) wasted management or other staff time; (g) losses or liabilities under or in relation to any other contract; or (h) indirect, special or consequential loss or damage.
Appears in 3 contracts
Samples: Smarsh Services Agreement, Smarsh Services Agreement, Smarsh Services Agreement
Limitation of Consequential Damages. Subject to 8.415.4, in no event shall either party be liable under or in relation to this Agreement or its subject matter (whether such liability arises due to negligence, breach of contract, misrepresentation or for any other reason) for any: (a) loss of profits; (b) loss of sales; (c) loss of turnover; (d) loss of, or loss of use of, any (i) software or (ii) data; (e) loss of use of any computer or other equipment or plant; (f) wasted management or other staff time; (g) losses or liabilities under or in relation to any other contract; or (h) indirect, special or consequential loss or damage.. 15.3
Appears in 2 contracts
Samples: Software Agreement, Software Agreement
Limitation of Consequential Damages. Subject to 8.4, in no event shall either party be liable under or in relation to this Agreement or its subject matter (whether such liability arises due to negligence, breach of contract, misrepresentation or for any other reason) for any: (a) loss of profits; (b) loss of sales; (csales;(c) loss of turnover; (dturnover;(d) loss oflossof, or loss of use ofuseof, any (i) software or (ii) data; (edata;(e) loss of use of any computer or other equipment otherequipment or plant; (fplant;(f) wasted management or other staff time; (g) losses or liabilities under or in relation to any other contract; or (h) indirect, special or consequential loss or damage.
Appears in 1 contract
Samples: Smarsh Service Agreement