Limitations Upon Damages. Notwithstanding any other provision of this Agreement, Railroad shall not be liable for breach of this Agreement or under this Agreement for any consequential, incidental, exemplary, punitive, special, business damages or lost profits, as well as any claims for death, personal injury, and property loss and damage which occurs by reason of, or arises out of, or is incidental to the interruption in or usage of the Facilities placed upon or about the Premises by Licensee, including without limitation any damages under such claims that might be considered consequential, incidental, exemplary, punitive, special, business damages or loss profits. It is understood and agreed by Licensee that Railroad cannot and will not make any warranties, representations or guarantees that Licensee's communication system (if any), as located on Railroad's property, will not be interrupted.
Appears in 4 contracts
Samples: License Agreement, License Agreement, License Agreement
Limitations Upon Damages. Notwithstanding any other provision of this Agreement, Railroad Railway shall not be liable for breach of this Agreement or under this Agreement for any consequential, incidental, exemplary, punitive, special, business damages or lost profits, as well as any claims for death, personal injury, and property loss and damage which occurs by reason of, or arises out of, or is incidental to the interruption in or usage of the Facilities placed upon or about the Premises by Licensee, including without limitation any damages under such claims that might be considered consequential, incidental, exemplary, punitive, special, business damages or loss lost profits. It is understood and agreed by Licensee that Railroad cannot and will not make any warranties, representations or guarantees that Licensee's communication system (if any), as located on Railroad's property, will not be interrupted.
Appears in 2 contracts
