Limitation on Liability for Damages. None of the City, its officials, agents, servants, employees, attorneys, consultants, and independent contractors shall have any liability to the Company for any special, incidental, consequential, punitive, or other damages as a result of the lawful exercise of any right of the City pursuant to this Agreement or applicable law; provided, however, that the foregoing limitation on liability pursuant to this § 8.3 will not apply to any gross negligence or intentional tortious acts of the City, its officials, employees, servants, agents, attorneys, consultants, or independent contractors.
Limitation on Liability for Damages. X. Xxxxx, and its officers, directors, partners, agents, employees, Affiliates, successors and assigns shall not be liable under this Agreement to Exxon or its officers, directors, partners, agents, employees, Affiliates, or their successors or assigns, for any punitive, indirect, or consequential damages, including loss of profits, however caused; provided that this limitation shall not apply to any damages under this Agreement caused by Cogen's intentional provision of steam to another entity with the result that Exxon does not receive the amounts of Steam it is entitled to under this Agreement.
B. Exxon, and its officers, directors, partners, agents, employees, Affiliates, successors and assigns shall not be liable under this Agreement to Cogen or its officers, directors, partners, agents, employees, Affiliates, or their successors or assigns, for any punitive, indirect, or consequential damages, including loss of profits, however caused; provided that this limitation shall not apply to any damages under this Agreement caused by Exxon's intentional purchase and acceptance of steam for industrial purposes at Exxon's Complex, Exxon's Marketing Terminal, or at Exxon's Technology Center from an entity other than Cogen, or caused by Exxon's provision to itself of steam for industrial purposes from steam sources other than those described in Exhibit D, when Exxon has not purchased Steam from Cogen in such amounts as specified in Article 3.1B and Cogen is otherwise able to provide such amounts of Steam.
Limitation on Liability for Damages. Neither Exxon nor Cogen, nor their respective officers, directors, partners, agents, employees, Affiliates, nor their successors or assigns will be liable under this Ground Lease Agreement to the other Party or its officers, directors, partners, agents, employees, Affiliates, or their successors or assigns, for any punitive, Ground Lease Agreement - 50 - indirect, or consequential losses, damages, or expenses, including loss of profits.
Limitation on Liability for Damages. A. Cxxxx, xxd its officers, directors, partners, agents, employees, Affiliates, successors and assigns shall not be liable under this Agreement to Infineum or its officers, directors, partners, agents, employees, Affiliates, or their successors or assigns, for any punitive, indirect, or consequential damages, including loss of profits, however caused; provided that this limitation shall not apply to any damages under this Agreement caused by Cogen's intentional provision of steam to another entity with the result that Infineum does not receive the amounts of Steam it is entitled to under this Agreement.
B. Infineum, and its officers, directors, partners, agents, employees, Affiliates, successors and assigns shall not be liable under this Agreement to Cogen or its officers, directors, partners, agents, employees, Affiliates, or their successors or assigns, for any punitive, indirect, or consequential damages, including loss of profits, however caused; provided that this limitation shall not apply to any damages under this Agreement caused by Infineum's intentional purchase and acceptance of steam for industrial purposes at Infineum's Complex or Infineum's Technology Center from an entity other than Cogen, or caused by Infineum's provision to itself of steam for industrial purposes when Infineum has not purchased Steam from Cogen in such amounts as specified in Article 3.1B and Cogen is otherwise able to provide such amounts of Steam to the Points of Delivery of Steam. The parties acknowledge that Cogen's steam sold to Infineum for Infineum's Complex and Infineum's Technology Center is delivered into steam delivery facilities that are owned by Bayway Refining Company and that the facilities deliver steam to Infineum and Bayway Refining Company. The parties also acknowledge that steam produced by Bayway Refining Company is also delivered into the said steam delivery facilities commingling with Steam provided by Cogen. Therefore, the parties agree that if Infineum, in accepting Steam provided by Cogen
Limitation on Liability for Damages. THE MESH limits its liability for damages reasonably foreseeable upon conclusion of the contract. As far as a User has evidence that a higher damage is to be anticipated due to the User’s business model or other circumstances, the User is obliged to inform THE MESH and to jointly find a solution for securing these additional risks. The Mesh cannot in any way be held responsible for the untruthfulness of the posts published on the platform. The subscriber expressly agree to exempt The Mesh from any claim, for damages resulting from the failure or incorrect performance of obligations arising from contracts signed between sellers and buyers, on the basis of a post published on the platform.
Limitation on Liability for Damages. 41 12.2 Damages...............................................................43 12.3
Limitation on Liability for Damages. The Parties confirm that the express remedies and measures of damages provided in this Agreement satisfy the essential purposes hereof. For breach of any provision for which an express remedy or measure of damages is provided, such express remedy or measure of damages shall be the sole and exclusive remedy, the obligor's liability shall be limited as set forth in such provision and all other remedies or damages at law or in equity are waived. If no remedy or measure of damages is expressly herein provided, the obligor's liability shall be limited to direct actual damages only, such direct actual damages shall be the sole and exclusive remedy and all other remedies or damages at law or in equity are waived, except that either Party may seek specific performance of any provision of this Agreement, including such temporary injunctive relief as may be available at law or equity. Neither Party shall be liable for consequential, incidental, punitive, exemplary or indirect damages, lost profits or other business interruption damages, by statute, in tort or contract, under any indemnity provision or otherwise. It is the intent of the Parties that the limitations herein imposed on remedies and the measure of damages be without regard to the cause or causes related thereto, including the negligence of any Party, whether 129 135 such negligence be sole, joint or concurrent, or active or passive. To the extent any damages required to be paid hereunder are liquidated, the Parties acknowledge that the damages are difficult or impossible to determine, that otherwise obtaining an adequate remedy is inconvenient and that the liquidated damages constitute a reasonable approximation of the harm or loss.
Limitation on Liability for Damages. The Parties agree that for breach of any provision under this Agreement, the obligor's liability shall be limited to direct actual damages only, such direct actual damages shall be the sole and exclusive remedy and all other remedies or damages at law or in equity are waived, except that any Party may seek specific performance of any provision of this Agreement, including such temporary injunctive relief as may be available at law or in equity. If, for any reason, Seller fails to furnish all or a portion of Buyer's Requirements at the Delivery Point and such failure is not excused pursuant to this Agreement, Buyer's damages shall be limited to the reasonable cost of replacement power delivered at 230 kV (nominal) to the electrical distribution facilities of the Bayway Refinery. No Party shall be liable for consequential, incidental, punitive, exemplary or indirect damages, lost profits or other business interruption damages, by statute, in tort or contract, under any indemnity provision or otherwise. It is the intent of the Parties that the limitations herein imposed on remedies and the measure of damages be without regard to the cause or causes related thereto, including the negligence of any Party, whether such negligence be sole, joint or concurrent, or active or passive.
Limitation on Liability for Damages. 9.1. Unless provided otherwise below, liability of IMST is precluded, regardless of legal basis. Other than in the cases described below, IMST in particular assumes no liability for any breach of ancillary obligations, lack of commercial success, lost profit, indirect damages, consequential damages from de- fects, and damages resulting from claims by third parties against the customer.
9.2. IMST is liable for damages only pursuant to the law, insofar as the customer asserts claims for damages based on intent or gross negligence, includ- ing intent or gross negligence on the part of IMST’s representatives or persons used to perform an obligation. Unless IMST is accused of intentional breach of contract, liability for damages is limited to foreseeable damages typical for contracts.
9.3. IMST is liable for damages only pursuant to the law, insofar as it culpably breaches an essential contractual duty; in this case as well, however, liability for damages is limited to foreseeable damages typical for contracts. By "essential contractual duty" is meant a duty whose fulfillment is fundamen- tally necessary for carrying out the contract and upon whose compliance the customer is normally entitled to rely.
9.4. IMST is liable for damages only pursuant to the law for culpable injury to life, body, or health; the same applies for mandatory liability under the German Product Liability Act (Produkthaftungsgesetz).
9.5. In addition, in the case of default, IMST is liable pursuant to the law, insofar as a fixed delivery date has been set within the meaning of Article 286, paragraph 2, no. 4 of the German Civil Code (Bürgerliches Gesetzbuch, BGB) or Article 376 of the German Commercial Code (Handelsgesetzbuch, HGB). In addition, in the case of default, IMST is liable pursuant to the law, insofar as, due to a default for which IMST is responsible, the customer is entitled to claim that it is no longer interested in continued contractual performance.
9.6. The above-described limitations on liability in favor of IMST GmbH also run to the same extent in favor of its employees, managers, and representa- tive bodies.
Limitation on Liability for Damages. (a) Seller, and its officers, directors, partners, agents, employees, Affiliates, successors and assigns shall not be liable under this Agreement to Buyer or its officers, directors, partners, agents, employees, Affiliates, or their successors or assigns, for any punitive, indirect, or consequential damages, including loss of profits, however caused.
(b) Buyer and its officers, directors, partners, agents, employees, Affiliates, successors and assigns shall not be liable under this Agreement to Seller or its officers, directors, partners, agents, employees, Affiliates, or their successors or assigns, for any punitive, indirect, or consequential damages, including loss of profits, however caused.
