No Consequential Sample Clauses

No Consequential. Damages - NEITHER AT&T NOR BELLSOUTH SHALL BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, RELIANCE, OR SPECIAL DAMAGES SUFFERED BY SUCH OTHER PARTY (INCLUDING WITHOUT LIMITATION DAMAGES FOR HARM TO BUSINESS, LOST REVENUES, LOST SAVINGS, OR LOST PROFITS SUFFERED BY SUCH OTHER PARTIES), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, STRICT LIABILITY, OR TORT, INCLUDING WITHOUT LIMITATION NEGLIGENCE OF ANY KIND WHETHER ACTIVE OR PASSIVE, AND REGARDLESS OF WHETHER THE PARTIES KNEW OF THE POSSIBILITY THAT SUCH DAMAGES COULD RESULT. EACH PARTY HEREBY RELEASES THE OTHER PARTY AND SUCH OTHER PARTY’S SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS FROM ANY SUCH CLAIM. NOTHING CONTAINED IN THIS SECTION 10 SHALL LIMIT BELLSOUTH'S OR AT&T'S LIABILITY TO THE OTHER FOR (i) WILLFUL OR INTENTIONAL MISCONDUCT (INCLUDING GROSS NEGLIGENCE);
Sample 1
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No Consequential. DAMAGES In no event shall either Party be liable to the other Party for incidental and consequential damages, loss of goodwill, or other claims for indirect damages in any manner related to this Agreement or the Services.
Sample 1
No Consequential. Damages/Limitation of Liability. EXCEPT AS EXPRESSLY PROVIDED IN SECTION *** AND ******** *, UNDER NO CIRCUMSTANCES WILL CSG AND ITS RELATED PARTIES, ITS LICENSORS OR ITS VENDORS ON ONE HAND, OR CUSTOMERS OR THEIR RELATED PARTIES ON THE OTHER HAND BE LIABLE TO THE OTHER FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES OR LOST PROFITS, WHETHER FORESEEABLE OR UNFORESEEABLE, BASED ON EITHER PARTY’S CLAIMS OR THOSE OF THEIR CUSTOMERS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR LOSS OF DATA, GOODWILL, USE OF MONEY OR USE OF THE PRODUCTS, OR THIRD PARTY SOFTWARE, RESULTING REPORTS, THEIR ACCURACY OR THEIR INTERPRETATION, INTERRUPTION IN USE OR AVAILABILITY OF DATA, STOPPAGE OF THE WORK OR IMPAIRMENT OF OTHER ASSETS), ARISING OUT OF BREACH OR FAILURE OF EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE. THE FOREGOING SENTENCE SHALL NOT BE CONSTRUED TO LIMIT IN ANY WAY EITHER PARTY’S INDEMNIFICATION OBLIGATIONS UNDER ******* ******* ******* * ** ******* **. EXCEPT (A) FOR ANY LIABILITY OF TWC UNDER THIS AGREEMENT FOR THE ************** ***, (B) CSG’S LIABILITY PURSUANT TO THE FOLLOWING SENTENCE, (C) FOR EACH PARTY’S *************** *********** UNDER THIS AGREEMENT, (D) FOR ANY FEES OR CHARGES FOR PRODUCTS OR SERVICES PROVIDED TO ANY CUSTOMER THAT HAVE ACCRUED PRIOR TO ANY TERMINATION OF THIS AGREEMENT PURSUANT TO SECTION 5.2, (E) ****** ******* CAUSED BY A PARTY’S BREACH OF ITS *************** OBLIGATIONS, UNDER ******* ** OF THIS AGREEMENT, WHICH ***** *** ** ****** WITH RESPECT TO ANY OF THE FOREGOING, (F) ********’* LIABILITY FOR ********** ******* FOR BREACH OF ***** *** **** *********** AS PROVIDED IN SECTION ******, AND (G) ***’* LIABILITY FOR ********** ******* UNDER ******** * OR IN CONNECTION WITH ANY OTHER ******* ****** ** *********** ******* SET FORTH IN THIS AGREEMENT WHICH PROVIDE A *********** FOR DETERMINING A ******** ******, IN NO EVENT WILL THE AGGREGATE LIABILITY INCURRED BY CSG AND ITS RELATED PARTIES, ITS LICENSORS OR ITS VENDORS, ON THE ONE HAND, OR CUSTOMER AND THEIR RELATED PARTIES, ON THE OTHER HAND, EXCEED AN AMOUNT EQUAL TO THE AMOUNT ******** **** ** ********* ** *** DURING THE **** ***** PERIOD PRECEDING THE CLAIM. IF CSG TERMINATES THIS AGREEMENT WITHOUT CAUSE, CSG’s TOTAL LIABILITY WITH RESPECT TO ANY AND ALL CLAIMS, DAMAGES, LOSSES OR EXPENSES INCURRED BY CUSTOMERS ARISING DIRECTLY OR INDIRECTLY OUT OF CSG’s TERMINATION WITHOUT CAUSE SHALL BE...
Sample 1
No Consequential. Damages Except for coverage provided under the parties' insurance policies and to the maximum extent pennitted by law, neither party, its affiliated corporations, agencies, officers, employees, and subcontractors shall not be liable for the other party' special, indirect, or consequential damages. XI.9 Ownership of Work Product and Inventions All of the work product of the CONSULTANT in executing this PROJECT shall become the property of HAXX. Any inventions, patents, copyrights, computer software, or other intellectual property developed during the course of, or as a result of, the PROJECT shall remain the property of the HAXX. XI. I 0 Haz-Mat Scope Limitation and Clarification CONSULTANT will provide guidelines and guidance to HAXX xn making decisions compliant with local, State, and federal law, regarding the handling and disposition of wastes which may be encountered in performance of the scope of services. CONSULTANT will, if requested, manage the handling, transport and disposal of waste using a qualified subcontractor. However, HAXX xcknowledges that, except to the extent included in the Work, CONSULTANT has had no role in generating, treating, storing or disposing of Hazardous Wastes which may be present at the Project Site. No Hazardous Waste encountered by CONSULTANT in performing, or associated with, the Work shall at any time be or become the property of CONSULTANT. Any arrangements made by CONSULTANT for the treatment, storage, transport or disposal of any Hazardous Waste are made solely and exclusively for the benefit of HAXX xsing HAXX'x XPA generator identification number(s) when required and shall not result in any liability of CONSULT ANT under this Contract or with respect to the Hazardous Waste. HAXX xhall provide for the handling of all Hazardous Waste in compliance with applicable Laws and Regulations under the guidance of CONSULTANT and shall sign manifests and obtain generator identification numbers when required by Laws and Regulations. If required by the Contract Docwnents, ON-CALL HAZARDOUS MATERIAL PROFESSIONAL SERVICE CONSULTANT 14 lu1y2012 Special Provisions CONSULTANT shall furnish the names of facilities currently licensed to accept Hazardous Waste materials, but it shall be HAXX'x xole responsibility to select those to be engaged. Nothing contained in this Contract shall confer on CONSULTANT the status of (a) a generator, stxxxx, disposer or treater of Hazardous Waste materials, (b) the party who arranged for the disposal o...
Sample 1
No Consequential. Damages NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF SUCH PARTY'S FAILURE TO PERFORM UNDER THIS AGREEMENT. FOR THE PURPOSES OF THIS SECTION 12.5, "PARTY" MEANS THE PARTY, ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS. NOTHING IN THIS SECTION 12.5 WILL LIMIT A PARTY'S OBLIGATION TO FULLY INDEMNIFY THE OTHER UNDER SECTION 12.4 FOR ACTIONS BROUGHT BY THIRD-PARTIES, EVEN IF SUCH ACTIONS INCLUDE CLAIMS FOR INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
Sample 1
No Consequential. Damages IN NO EVENT SHALL EITHER RAPTOR OR ROCHE BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE OR CONSEQUENTIAL DAMAGES ARISING OUT OF THIS AGREEMENT BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY. NOTHING IN THIS SECTION 12.4 IS INTENDED TO LIMIT OR RESTRICT (A) THE INDEMNIFICATION RIGHTS OR OBLIGATIONS OF EITHER PARTY UNDER ARTICLE 12 OR (B) REMEDIES AVAILABLE TO EITHER PARTY WITH RESPECT TO A BREACH OF ARTICLE 13.
Sample 1

Related to No Consequential

  • No Consequential Damages Other than the Liquidated Damages heretofore described and the indemnity obligations set forth in Article 18.1, in no event shall any Party be liable under any provision of this Agreement for any losses, damages, costs or expenses for any special, indirect, incidental, consequential, or punitive damages, including but not limited to loss of profit or revenue, loss of the use of equipment, cost of capital, cost of temporary equipment or services, whether based in whole or in part in contract, in tort, including negligence, strict liability, or any other theory of liability; provided, however, that damages for which a Party may be liable to another Party under separate agreement will not be considered to be special, indirect, incidental, or consequential damages hereunder.

  • No Consequential or Punitive Damages Neither Party hereto (or any of their respective Affiliates) shall, under any circumstance, be liable to the other Party (or its Affiliates) for any consequential, exemplary, special, indirect, incidental or punitive damages claimed by such other Party under the terms of or due to any breach of this Agreement, including, but not limited to, loss of revenue or income, cost of capital, or loss of business reputation or opportunity.

  • Consequential Damages Neither party to this Agreement shall be liable to the other party for special, indirect or consequential damages under any provision of this Agreement or for any special, indirect or consequential damages arising out of any act or failure to act hereunder.

  • NO LIABILITY FOR CONSEQUENTIAL DAMAGES In no event shall Xxxxxxxx Software GmbH or its distributors be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use this Software and related materials, even if Xxxxxxxx Software GmbH has been advised of the possibility of such damages. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

  • No Punitive Damages If any dispute arises regarding the application, interpretation or enforcement of any provision of this Agreement, including fraud in the inducement, the parties hereby waive their right to seek punitive damages in connection with said dispute.

  • Punitive Damages The Administrative Agent, the Lenders and the Borrower hereby agree that no such Person shall have a remedy of punitive or exemplary damages against any other party to a Loan Document and each such Person hereby waives any right or claim to punitive or exemplary damages that they may now have or may arise in the future in connection with any Dispute, whether such Dispute is resolved through arbitration or judicially.

  • Consequential Losses Except as otherwise specifically provided herein, neither Party shall be liable to the other Party for any indirect, incidental or consequential loss or damages irrespective of the causes, thereof including fault or negligence.

  • Incidental and Consequential Damages Contractor shall be responsible for incidental and consequential damages resulting in whole or in part from Contractor’s acts or omissions. Nothing in this Agreement shall constitute a waiver or limitation of any rights that City may have under applicable law.

  • Exclusion of Consequential Damages ‌ Notwithstanding anything contained herein to the contrary, neither Party will be liable under this Agreement or under any cause of action relating to the subject matter of this Agreement for any special, indirect, incidental, punitive, exemplary or consequential damages, including loss of profits, loss of use of any property or claims of customers or contractors of the Parties for any such damages.

  • Disclaimer of Consequential Damages Notwithstanding any provision to the contrary, in no event shall any Party be liable to another Party for any incidental, consequential, special, exemplary or indirect damages, lost business profits or lost data arising out of or in any way related to the Contract Documents.

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