Limitation of Liability for Consequential Damages. 12.6.1 Except as otherwise specified in the Contract Documents, including this Section 12.6, to the extent permitted by applicable Law, neither party shall be liable to the other for punitive damages or indirect, incidental or consequential damages, whether arising out of breach of this Capital Maintenance Agreement, in tort (including negligence) or any other theory of liability, and each party hereby releases the other party from any such liability.
Limitation of Liability for Consequential Damages. 9.1 EXCEPT WITH RESPECT TO CLAIMS OR CAUSES OF ACTION FOR BREACH OF THE EXCLUSIVITY OBLIGATIONS UNDER THIS ALLIANCE AGREEMENT, IN NO EVENT SHALL KPMG OR CISCO BE LIABLE TO THE OTHER FOR ANY INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, OR ANY OTHER INDIRECT DAMAGES, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF THE PARTIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
Limitation of Liability for Consequential Damages. Except as may arise pursuant to the indemnification provided by Section 20 of this Agreement, neither party shall be liable for consequential damages (including lost profits or lost revenues) of any kind resulting from a breach of this Agreement by a party.
Limitation of Liability for Consequential Damages. Notwithstanding any provision of this Agreement, neither Party shall in any circumstances whatsoever be liable hereunder to the other Party for indirect, exemplary, special, incidental or consequential or punitive damages including, without limitation, any such damages for loss of profits sustained or claimed by the other Party in connection with or arising out of this Agreement; provided however that nothing herein shall in any way limit the right of a Party to be indemnified by the other Party pursuant to Section 15 for a claim to the extent that such Party is seeking indemnity for a third party Claim for incidental or consequential or punitive damages including, without limitation, loss of profits.
Limitation of Liability for Consequential Damages. 12.7.1 Notwithstanding any other provision of the COMA Documents, under no circumstances shall TxDOT be liable for punitive damages or indirect, incidental or consequential damages, whether arising out of breach of this Comprehensive Maintenance Agreement, tort (including negligence) or any other theory of liability, and Maintenance Contractor hereby releases TxDOT from any such liability.
Limitation of Liability for Consequential Damages. Except as expressly provided in this Section 9.05, neither Party (including their Subsidiaries, Affiliates, shareholders, officers, contractors, directors, employees and agents) shall be liable for any special, indirect, incidental or consequential damages of any kind, including without limitation, damages arising from lost business, lost savings, lost data or lost profits, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise, even if such party has been advised of the possibility of such damages. The foregoing exclusion of liability shall not apply where such damages arise out of or in connection with (i) an allegation that any NETGEAR Product or Improvement thereto infringes or violates any Intellectual Property Right of a third party, to the extent that such damages are payable to a third party, or (ii) disclosure of any Confidential Information, provided that:
Limitation of Liability for Consequential Damages. In no event shall either party’s liability to the other of any kind include any special, indirect, incidental, or consequential losses or damages, even if the breaching party is advised of the possibility of such potential loss or damage.
Limitation of Liability for Consequential Damages. EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, IN NO EVENT WILL ANY PARTY OR ANY OF ITS RESPECTIVE AFFILIATES BE LIABLE TO THE OTHER PARTY OR ANY OF ITS AFFILIATES [***] FOR PURPOSES OF THIS SECTION 13.6.
Limitation of Liability for Consequential Damages. 88 SECTION 13. SUSPENSION .................................................................................... 89 13.1 Suspensions for Convenience ............................................................ 89 13.2 Suspensions for Cause ...................................................................... 89 13.3 Responsibilities of Maintenance Contractor During Suspension Periods............................................................................ 89
Limitation of Liability for Consequential Damages. Notwithstanding anything to the contrary contained in this Agreement, neither party will be liable to the other party for any damage, cost, expense, injury loss or other liability of an indirect, special or consequential nature suffered by the other party or claimed by any third party against the other party which arises due to such party 's failure to perform its obligations under this Agreement or for any other reason (including negligence on its part or on the part of any person for whose acts it is responsible), howsoever and whensoever caused, and whether arising in contract, negligence or other tort liability, strict liability or otherwise; and without limiting the generality of the foregoing, damage, injury or loss of an indirect or consequential nature shall include loss of revenue, loss of profits, loss of production, loss of earnings, loss of contract, cost of purchased or replacement capacity and energy, cost of capital and loss of the use of any facilities or property owned, operated, leased or used by the other party.
