No Consequential Damages. Notwithstanding any other provision set forth in this Agreement, in no event (including, without limitation, any termination of this Agreement with or without cause) will either party be liable to the other party for any indirect, special or consequential damages whatsoever, (including, without limitation, lost profits) arising out of or relating to this Agreement or either party’s performance under this Agreement.
Appears in 14 contracts
Samples: Co Packing Agreement, Co Packing Agreement, Co Packing Agreement (WHITEWAVE FOODS Co)
No Consequential Damages. Nothing in this Agreement is intended to cause either Party to be, and neither Party shall be, liable to the other Party for any lost business, lost profits or revenues from others or other special or consequential damages, all claims for which are hereby irrevocably waived by Utility and Owner. Notwithstanding the foregoing, none of the payments for Environmental Attributes or any other provision set forth in amount specified as payable by Utility to Owner under the terms of this Agreement, in no event (including, without limitation, any Agreement upon the termination of this Agreement with or without cause) will either party shall be liable to the other party for any indirect, special or deemed consequential damages whatsoever, (including, without limitation, lost profits) arising out of or relating to this Agreement or either party’s performance under this Agreementdamages.
Appears in 10 contracts
Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement
No Consequential Damages. Nothing in this Agreement is intended to cause either Party to be, and neither Party shall be, liable to the other Party for any lost business, lost profits or revenues from others or other special or consequential damages, all claims for which are hereby irrevocably waived by Customer and Provider. Notwithstanding the foregoing, none of the payments for the Energy or any other provision set forth in amount specified as payable by Customer to Provider under the terms of this Agreement, in no event (including, without limitation, any Agreement upon the termination of this Agreement with or without cause) will either party shall be liable to the other party for any indirect, special or deemed consequential damages whatsoever, (including, without limitation, lost profits) arising out of or relating to this Agreement or either party’s performance under this Agreement.damages
Appears in 6 contracts
Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase & Storage Services Agreement
No Consequential Damages. Nothing in this Agreement is intended to cause either Party to be, and neither Party shall be, liable to the other Party for any lost business, lost profits or revenues from others or other special or consequential damages, all claims for which are hereby irrevocably waived by Customer and Provider. Notwithstanding the foregoing, none of the payments for the Energy or any other provision set forth in amount specified as payable by Customer to Provider under the terms of this Agreement, in no event (including, without limitation, any Agreement upon the termination of this Agreement with or without cause) will either party shall be liable to the other party for any indirect, special or deemed consequential damages whatsoever, (including, without limitation, lost profits) arising out of or relating to this Agreement or either party’s performance under this Agreement.damages
Appears in 5 contracts
Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement
No Consequential Damages. Nothing in this Agreement is intended to cause either Party to be, and neither Party shall be, liable to the other Party for any lost business, lost profits or revenues from others or other special or consequential damages, all claims for which are hereby irrevocably waived by Utilities and Owner. Notwithstanding the foregoing, none of the payments for Environmental Attributes or any other provision set forth in amount specified as payable by Utilities to Owner under the terms of this Agreement, in no event (including, without limitation, any Agreement upon the termination of this Agreement with or without cause) will either party shall be liable to the other party for any indirect, special or deemed consequential damages whatsoever, (including, without limitation, lost profits) arising out of or relating to this Agreement or either party’s performance under this Agreementdamages.
Appears in 4 contracts
Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement
No Consequential Damages. Notwithstanding any other provision set forth Except as otherwise provided in this Agreement, in it is agreed that no event (including, without limitation, any termination of this Agreement with or without cause) Party hereto will either party be liable responsible to the other party others for any indirect, special special, incidental or consequential damages whatsoever, loss or damage whatsoever (including, without limitation, including lost profitsprofits and opportunity costs) arising out of or relating to this Agreement or either party’s performance under this Agreement.
Appears in 3 contracts
Samples: Shareholder Agreement (U S Energy Systems Inc), Stockholders' Agreement (Ginsburg Robert), Stockholders' Agreement (U S Energy Systems Inc)
No Consequential Damages. Notwithstanding any other provision set forth Except as otherwise provided in this Agreement, in it is agreed that no event (including, without limitation, any termination of this Agreement with or without cause) party hereto will either party be liable responsible to the other party others for any indirect, special special, incidental or consequential damages whatsoever, loss or damage whatsoever (including, without limitation, including lost profitsprofits and opportunity costs) arising out of or relating to this Agreement or either party’s performance under this Agreement.
Appears in 2 contracts
Samples: Subscription Agreement (U S Energy Systems Inc), Subscription Agreement (Cinergy Corp)
No Consequential Damages. Notwithstanding any other provision set forth anything to the contrary contained in this Agreement, in under no event (including, without limitation, any termination of this Agreement with or without cause) will circumstances shall either party be liable to the other party for any indirect, incidental, consequential, special or consequential exemplary damages whatsoever(even if such party has been advised of the possibility of such damages), (includingarising from any provision of this agreement, without limitationsuch as, but not limited to, loss of revenue or anticipated profits or lost profits) arising out of or relating to this Agreement or either party’s performance under this Agreementbusiness.
Appears in 2 contracts
Samples: License Agreement (Inter Parfums Inc), License Agreement (Inter Parfums Inc)
No Consequential Damages. Notwithstanding any other provision set forth in this Agreement, in no event (including, without limitation, any termination of this Agreement with or without cause) will either party be liable to the other party for any indirect, special or consequential damages whatsoever, whatsoever (including, without limitation, lost profits) arising out of or relating to this Agreement or either party’s performance under this Agreement.
Appears in 2 contracts
Samples: Co Pack Agreement (TreeHouse Foods, Inc.), Co Pack Agreement (TreeHouse Foods, Inc.)
No Consequential Damages. Notwithstanding any other provision set forth in this Agreement, in no event (including, without limitation, any termination of this Agreement with or without cause) will either party be liable to the other party for any indirect, special or consequential damages whatsoever, (including, without limitation, lost profits) arising out of or relating to this Agreement or either party’s 's performance under this Agreement.
Appears in 1 contract
Samples: Co Packing Agreement (Teo Foods Inc)