Common use of Mutual Waiver of Consequential Damages Clause in Contracts

Mutual Waiver of Consequential Damages. Notwithstanding any other provision of this Agreement to the contrary, neither party including their officers, agents, servants and employees shall be liable to the other for lost profits or any special, indirect, incidental, or consequential damages in any way arising out of this Agreement however caused under a claim of any type or nature based on any theory of liability (including, but not limited to: contract, tort, or warranty) even if the possibility of such damages has been communicated.

Appears in 7 contracts

Samples: Master Services Agreement, Standard Form of Agreement Between Owner and Engineer, Standard Form of Agreement

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Mutual Waiver of Consequential Damages. Notwithstanding any other provision of this Agreement anything to the contrarycontrary in this Agreement, neither party including their officers, agents, servants and employees under no circumstances shall either Party be liable to the other other, for lost profits or any incidental, consequential, special, indirectmultiple, incidental, or consequential and punitive damages in any way arising out of or relating to this Agreement however caused under a claim Agreement, regardless of any type whether such damages were foreseeable and whether or nature based on any theory not the culpable Party was advised of liability (including, but not limited to: contract, tort, or warranty) even if the possibility of such damages has been communicateddamages.

Appears in 1 contract

Samples: Professional Services

Mutual Waiver of Consequential Damages. Notwithstanding any other provision of this Agreement to the contrary, neither party including their officers, agents, servants and employees shall be liable to the other for lost profits or any special, indirect, incidental, or consequential damages in any way arising out of this Agreement however caused under a claim of any type or nature based on any theory of liability (including, but not limited to: contract, tort, or warranty) even if the possibility of such damages has been communicated.

Appears in 1 contract

Samples: Design/Build Agreement (Grant Hartford Corp)

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Mutual Waiver of Consequential Damages. Notwithstanding any other provision of this Agreement to the contrary, neither party including their officers, agents, servants and employees employees, shall be liable to the other for lost profits or any special, indirect, incidental, or consequential damages in any way arising out of this Agreement however caused under a claim of any type or nature based on any theory of liability (including, but not limited to: contract, tort, or warranty) even if the possibility of such damages has been communicated.

Appears in 1 contract

Samples: Professional Services

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