No Consequential Damages. Neither party shall be liable to the other for any consequential damages proximately caused or resulting from any breach of this Agreement or arising out of the performance of this Agreement, and each party hereby expressly waives such damages.
Appears in 25 contracts
Samples: Ultraswitch User Agreement (Pegasus Systems Inc), Ultraswitch User Agreement (Pegasus Systems Inc), Ultraswitch User Agreement (Pegasus Systems Inc)
No Consequential Damages. Neither party to this Agreement shall be liable to the other party for any consequential damages proximately caused or resulting from under any breach of this Agreement or arising out of the performance provision of this Agreement, and each party hereby expressly waives such damages.
Appears in 22 contracts
Samples: Administration Agreement (Forum Funds), Agreement (Forum Funds), Administration Agreement (Forum Funds)
No Consequential Damages. Neither party shall will be liable to the other for any consequential damages proximately caused or resulting from any breach of this Agreement or arising out of the performance of this Agreement, and each party hereby expressly waives such damages.
Appears in 13 contracts
Samples: HCC Participant Agreement (Pegasus Systems Inc), Participant Agreement (Pegasus Systems Inc), HCC Participant Agreement (Pegasus Systems Inc)
No Consequential Damages. Neither Except with respect to the indemnification provisions set forth in Section 8.1 hereof, neither party shall will be liable to the other for any consequential damages proximately caused or resulting from any breach of this Agreement or arising out of the performance of this Agreement, and each party hereby expressly waives such damages.
Appears in 12 contracts
Samples: HCC Participant Agreement (Pegasus Systems Inc), HCC Participant Agreement (Pegasus Systems Inc), HCC Participant Agreement (Pegasus Systems Inc)
No Consequential Damages. Neither party to this Agreement shall be liable have any liability to the other party for any consequential or indirect damages proximately caused or resulting from arising out of any breach of this Agreement or arising out of the performance of this Agreement, and each party hereby expressly waives such damagesincluding, without limitation, loss of profit, loss of use or business stoppage.
Appears in 7 contracts
Samples: Manufacturing and Supply Agreement (Auriga Laboratories, Inc.), Manufacturing and Supply Agreement (Accentia Biopharmaceuticals Inc), Manufacturing and Supply Agreement (Accentia Biopharmaceuticals Inc)
No Consequential Damages. Neither Notwithstanding anything in this Agreement to the contrary, neither party shall be liable to the other for any consequential damages proximately caused or resulting from any by virtue of its breach of this Agreement any of its obligations, representations or arising out of the performance of this Agreement, and each party hereby expressly waives such damageswarranties hereunder.
Appears in 4 contracts
Samples: Supply Agreement (International Coal Group, Inc.), Supply Agreement (Simba Group Inc), Supply Agreement (International Coal Group, Inc.)
No Consequential Damages. Neither Notwithstanding any provision in this Agreement, neither party shall be liable to the other for any consequential damages proximately caused indirect, special, punitive, consequential, or resulting from incidental damages, lost savings, lost revenue, loss or profits or goodwill, or other such damages, regardless of the form of action, in connection with any breach aspect of the transactions contemplated by this Agreement or arising out the Collateral Agreements, even if advised of the performance possibility of this Agreement, and each party hereby expressly waives such damages.
Appears in 4 contracts
Samples: Asset Purchase Agreement (Peregrine Systems Inc), Asset Purchase Agreement (Peregrine Systems Inc), Asset Purchase Agreement (Peregrine Systems Inc)
No Consequential Damages. Neither party to this Agreement shall be liable have any liability to the other party for any consequential or indirect damages proximately caused or resulting from arising out of any breach of this Agreement or arising out of the performance of this Agreement, and each party hereby expressly waives such damagesincluding, without limitation, loss of profit, loss of rise or business stoppage.
Appears in 3 contracts
Samples: Manufacturing and Supply Agreement, Manufacturing and Supply Agreement (Osmotica Pharmaceuticals PLC), Manufacturing and Supply Agreement (Osmotica Pharmaceuticals LTD)
No Consequential Damages. Neither party Party shall be liable to the other Party under this Agreement (by way of indemnification, damages or otherwise) for any indirect, incidental, exemplary, punitive, special or consequential damages proximately caused damages, except in the case of gross negligence or resulting from any breach of this Agreement or arising out of the performance of this Agreement, and each party hereby expressly waives such damageswillful misconduct.
Appears in 3 contracts
Samples: Reliability Coordinator Agreement, Independent Transmission Organization Agreement, Reliability Coordinator Agreement
No Consequential Damages. Neither Except with respect to the indemnification provisions set forth herein, neither party shall will be liable to the other for any consequential damages proximately caused or resulting from any breach of this Agreement or arising out of the performance of this Agreement, and each party hereby expressly waives such damages.
Appears in 2 contracts
Samples: Distribution Services Agreement (Pegasus Systems Inc), Distribution Services Agreement (Pegasus Systems Inc)
No Consequential Damages. Neither party shall will be liable to the other for any consequential damages proximately caused or resulting from any breach of this Agreement or arising out of the performance of this Agreement, and each party hereby expressly waives such damages.arising
Appears in 2 contracts
Samples: Participant Agreement (Pegasus Systems Inc), Participant Agreement (Pegasus Systems Inc)
No Consequential Damages. Neither party shall be liable to the other for any consequential damages proximately caused or resulting from any breach of this Agreement or arising out of the performance of this Agreement, and each party hereby expressly waives such damages.
Appears in 2 contracts
Samples: Ultraswitch User Agreement (Pegasus Systems Inc), Ultraswitch User Agreement (Pegasus Systems Inc)
No Consequential Damages. Neither party of the parties shall be liable to the other party for any consequential damages proximately caused (including without limitation loss of profits, loss of business opportunities, loss of revenue or resulting loss of property) arising directly or indirectly from any breach of this Agreement agreement, fundamental or arising out otherwise or from any tortious acts or omissions of the performance of this Agreement, and each party hereby expressly waives such damageseither party.
Appears in 2 contracts
Samples: Rogers Communications Inc, Rogers Wireless Communications Inc
No Consequential Damages. Neither party to this Agreement shall be liable to the other party for any consequential consequential, indirect, special or incidental damages proximately caused or resulting from under any breach provisions of this Agreement or for any consequential, indirect, punitive, special or incidental damages arising out of any act or failure to act hereunder even if that party has been advised of or has foreseen the performance possibility of this Agreement, and each party hereby expressly waives such damages.
Appears in 2 contracts
Samples: Warrant Agency Agreement (Skyline Medical Inc.), Warrant Agency Agreement (Acasti Pharma Inc.)
No Consequential Damages. Neither party Party shall be liable to the other Party under this Agreement (by way of indemnification, damages or otherwise) for any indirect, incidental, exemplary, punitive, special or consequential damages proximately caused damages, except in the case of its gross negligence or resulting from any breach of this Agreement or arising out of the performance of this Agreement, and each party hereby expressly waives such damageswillful misconduct.
Appears in 2 contracts
Samples: Independent Transmission Organization Agreement, Independent Transmission Organization Agreement
No Consequential Damages. Neither party shall be liable to the other for any consequential special, consequential, indirect, punitive, incidental or similar damages proximately caused or resulting from relating in any breach of this Agreement or arising out of the performance of way to this Agreement, and each party hereby expressly waives such damages.
Appears in 1 contract
Samples: Continuing Disclosure Agreement (Middlesex Water Co)
No Consequential Damages. Neither In no event shall either party shall be liable to the other for any consequential damages proximately caused or resulting lost profits arising from any breach of this Agreement or arising out of relating to the performance or non-performance of this Agreement, and each party hereby expressly waives such damages.
Appears in 1 contract
Samples: Management Services Agreement (Homeland Energy Solutions LLC)
No Consequential Damages. Neither party Except as otherwise expressly provided in this Agreement, neither Party shall be liable to the other for Party, nor shall either Party be indemnified by the other Party in respect of any consequential damages proximately caused Consequential Damages suffered by the other Party, whether or resulting from any breach not foreseeable at the time of entering into this Agreement or arising out and Regardless of the performance of this Agreement, and each party hereby expressly waives such damagesCause.
Appears in 1 contract
No Consequential Damages. Neither Notwithstanding anything to the contrary elsewhere in this Agreement, neither party shall shall, in any event, be liable to the other party for any consequential consequential, special, exemplary or punitive damages proximately caused relating to the breach or resulting from any alleged breach of this Agreement or arising out of the performance nonperformance or alleged nonperformance of this Agreement, and each party hereby expressly waives such damages.
Appears in 1 contract
Samples: Claim Purchase Agreement (Darling International Inc)
No Consequential Damages. Neither party to this Agreement shall be liable to the other party for any consequential damages proximately caused or resulting from under any breach of this Agreement or arising out of the performance provision of this Agreement, and each party hereby expressly waives such damages.. (b)
Appears in 1 contract
Samples: Services Agreement (Schroder Capital Funds /Delaware/)
No Consequential Damages. Neither party to this Agreement shall be ------------------------ liable to the other party for any consequential damages proximately caused or resulting from under any breach of this Agreement or arising out of the performance provision of this Agreement, and each party hereby expressly waives such damages.
Appears in 1 contract
No Consequential Damages. Neither Notwithstanding anything contrary herein, neither party shall be liable to the other for any consequential damages proximately caused or resulting from in connection with any breach of this Agreement or arising out of the performance of under this Agreement, and each party hereby expressly waives such damages.
Appears in 1 contract
Samples: Merger Agreement (Jabil Circuit Inc)
No Consequential Damages. Neither party Notwithstanding anything contained in this Agreement to the contrary, neither Party shall be liable to the other, any other person, for any consequential indirect, special, incidental, consequential, exemplary or punitive damages proximately caused or resulting from any breach of this Agreement lost profits or business arising out of the performance of or related to this Agreement, and each party hereby expressly waives such damagesor to the performance or breach of any of the warranties, representations or covenants contained in this Agreement.
Appears in 1 contract
Samples: Asset Purchase Agreement (Lason Inc)