No Consequential Damages. Neither Party will have any liability to the other Party for any loss of profits or revenues, loss of goodwill, or for any indirect, special, incidental, consequential or punitive damages arising out of, or in connection with this Agreement, however caused, whether in contract, tort (including negligence), warranty, indemnity or any other legal theory, and whether or not the Party has been advised of the possibility of such damages.
Appears in 10 contracts
Samples: Terms of Service, Terms of Service, Terms of Service
No Consequential Damages. Neither In no event shall either Party will have any liability to the other Party for any loss of profits or revenues, loss of goodwill, or be liable for any indirect, special, incidental, or consequential damages resulting from the other Party's performance or punitive damages arising out of, or in connection with failure to perform under this Agreement, however causedor the furnishing, performance, or use of any goods or services sold pursuant hereto, whether in due to breach of contract, tort (including negligence), breach of warranty, indemnity negligence or any other legal theoryotherwise, and regardless of whether or not the nonperforming Party has been was advised of the possibility of such damagesdamages or not.
Appears in 6 contracts
Samples: Product Supply Agreement (Fairchild Semiconductor International Inc), Assembly and Test Services Agreement (Fairchild Semiconductor International Inc), Epi Services Agreement (Fairchild Semiconductor International Inc)
No Consequential Damages. Neither Party will have any liability to the other Party for any loss of profits or revenues, loss of goodwill, or for any indirect, special, incidental, consequential or punitive damages arising out of, or in connection with this Agreementagreement, however caused, whether in contract, tort (including negligence), warranty, indemnity or any other legal theory, and whether or not the Party has been advised of the possibility of such damages.
Appears in 3 contracts
Samples: Software License Agreement, Software Licenseagreement, Software License Agreement
No Consequential Damages. Neither Party party will have any liability be liable to the other Party for any amounts representing the loss of profits or revenuesprofits, loss of goodwillbusiness, or for any indirect, special, incidentalexemplary, consequential or punitive damages damages, arising out of, from the performance or in connection with nonperformance of this Agreement, however causedAgreement or any acts or omissions associated therewith or related to the use of any items or services furnished hereunder, whether in contract, tort (including negligence), warranty, indemnity or any other legal theory, and whether or not the Party has been advised of the possibility of such damages.basis of
Appears in 2 contracts
Samples: Spectrum Lease Agreement, Spectrum Lease Agreement (Sprint Corp)
No Consequential Damages. Neither Party will have any liability shall be liable to the other Party for any loss of profits or revenues, loss of goodwill, or for any indirectconsequential, special, incidental, consequential incidental or punitive indirect damages arising out of, of the activities contemplated hereunder or in connection with resulting from breach by the other Par-W of its obligations under this Agreement, however caused, whether in contract, tort (including negligence), warranty, indemnity or any other legal theory, and whether or not the even if a Party has been advised of the possibility of such damages, except in case of gross negligence or wilful misconduct of such Party.
Appears in 2 contracts
Samples: Drug Discovery Services Agreement (Abivax S.A.), Drug Discovery Services Agreement (Abivax S.A.)
No Consequential Damages. Neither Party will have any liability shall be liable to the other Party for any loss of profits or revenues, loss of goodwill, or for any indirectconsequential, special, incidental, consequential incidental or punitive indirect damages or lost profits arising out of, of the activities contemplated hereunder or in connection with resulting from breach by the other Party of its obligations under this Agreement, however caused, whether in contract, tort (including negligence), warranty, indemnity or any other legal theory, and whether or not the even if a Party has been advised of the possibility of such damages.
Appears in 2 contracts
Samples: Development Services Agreement (Evotec SE), Development Services Agreement (Evotec SE)
No Consequential Damages. Neither Party will have any liability party shall be responsible to the other Party for any loss of profits or revenues, loss of goodwill, or claims for any indirect, special, incidental, or consequential or punitive damages arising out ofdamage, including lost profits, or in connection with this Agreement, however caused, whether in contract, tort (including negligence), warranty, indemnity loss arising from breach of warranty or any other legal theory, and whether or not default on the Party has been advised of the possibility part of such damagesparty.
Appears in 2 contracts
Samples: Intuit Inc, Supply Agreement (Intuit Inc)
No Consequential Damages. Neither Party will have any liability shall be liable to the other Party for any loss of profits or revenuesprofit, loss of goodwillinterest, loss or for reputation, loss of any indirect, special, incidental, other agreement/ business opportunity or any other indirect or consequential loss or punitive damages arising out of, damage which may be suffered by the other Party under or in connection with this Agreement, however causedirrespective of whether a claim for such damages is based on the Agreement, whether in contract, tort (including negligence), warranty, indemnity negligence or any other legal theory, and whether or not the Party has been advised of the possibility of such damagesotherwise.
Appears in 1 contract
Samples: Services Agreement
No Consequential Damages. Neither Party party will have any liability be liable to the other Party for any loss of profits or revenues, loss of goodwill, or party for any indirect, specialconsequential, incidental, consequential or punitive damages arising out ofand/or loss of profit, or in connection with this Agreement, however caused, whether in contract, tort under any theory of law (including negligence)tort, warranty, indemnity contract and strict liability) regardless of whether such party knew or any other legal theory, and whether or not the Party has been advised should have known of the possibility of such damagesdamages or loss of profit.
Appears in 1 contract
Samples: Asset Purchase Agreement (Horizon Personal Communications Inc)
No Consequential Damages. Neither Party will have any liability shall be liable to the other Party for any amounts representing the loss of profits or revenuesprofits, loss of goodwillbusiness, or for any indirect, special, incidentalexemplary, consequential or punitive damages damages, arising out of, from the performance or in connection with nonperformance of this Agreement, however causedAgreement or any acts or omissions associated therewith or related to the use of any items or services furnished hereunder, whether in the basis of liability is breach of contract, tort (including negligencenegligence or strict liability), warrantystatutes, indemnity or any other legal theory, and whether or not the Party has been advised of the possibility of such damages.
Appears in 1 contract
Samples: License Purchase Agreement (Dobson Communications Corp)
No Consequential Damages. Neither Notwithstanding anything to the contrary elsewhere in this Agreement or provided for under any applicable Law, no Party will have be liable to any liability other Party, either in contract or in tort, for any consequential, indirect, special, lost profits or punitive damages, including loss of future revenue, income, or profits, or loss of business reputation or opportunity of the other Party, relating to the breach or alleged breach hereof or otherwise, whether or not the possibility of such damages has been disclosed to the other Party for any loss of profits in advance or revenues, loss of goodwill, or for any indirect, special, incidental, consequential or punitive damages arising out of, or in connection with this Agreement, however caused, whether in contract, tort (including negligence), warranty, indemnity or any could have been reasonably foreseen by such other legal theory, and whether or not the Party has been advised of the possibility of such damagesParty.
Appears in 1 contract
Samples: Purchase, Sale and Merger Agreement (Massey Energy Co)
No Consequential Damages. Neither Party will have any liability shall be liable to the other Party for any loss of profits or revenuesspecial, loss of goodwill, or for any indirect, special, incidental, punitive or consequential or punitive damages arising out ofdamages, or in connection with this Agreementlost profits, however causedrevenues, anticipated savings, opportunity, business, goodwill or data, even if designated direct damages, whether in contract, tort (including negligence), warranty, indemnity negligence, tort, strict liability or any other legal theoryotherwise, and whether or not the even if such Party has been advised of the possibility of such damagesthereof.
Appears in 1 contract
Samples: Development and Supply Agreement (RespireRx Pharmaceuticals Inc.)
No Consequential Damages. Neither Party will have any liability be liable to the other Party for any loss of profits or revenues, loss of goodwill, or for any indirect, special, incidental, punitive or consequential damages, including lost profits, income or punitive damages arising out ofgoodwill, or in connection with this Agreement, however caused, whether in contract, tort (including negligence), warranty, indemnity or any other legal theory, and regardless of whether or not the such Party has been advised of the possibility of such damages, caused by or resulting from any breach of this Agreement, and each party hereby expressly waives such damages, provided that amounts due to a Party pursuant to Section 4.0 of this Agreement are not indirect, special, incidental, punitive or consequential damages for purposes of this Agreement.
Appears in 1 contract
Samples: Hotel Distribution Agreement
No Consequential Damages. Neither Party party will have any liability to the other Party be liable for any loss of profits or revenuesindirect, loss of goodwill, or for any indirectincidental, special, incidentalpunitive or consequential damages, consequential including lost profits and revenues, incurred by either party or punitive damages arising out of, or in connection with this Agreement, however causedany third party, whether in contractan action in contract or tort, tort (including negligence), warranty, indemnity or any other legal theory, and whether or not the Party has been even if advised of the possibility of such damages. This section will not relieve a party from an obligation to pay liquidated damages as set forth in this Agreement.
Appears in 1 contract
Samples: Functions Agreement
No Consequential Damages. Neither Party will have any liability to the other Party be liable for any incidental, consequential, special, indirect or exemplary loss or damages, neither will a Party be liable for loss of profits profit (whether direct or revenuesindirect), loss of goodwillrevenue, loss of data, loss of business or for any indirectuse, specialloss of goodwill or loss of anticipated savings, incidental, consequential or punitive damages arising out of, or in connection with this Agreement, however caused, regardless of the form of action (whether in contract, contract or tort (including negligenceor otherwise), warranty, indemnity or any other legal theory, and whether or not the Party has been advised of the possibility of such damagesdamages has been disclosed or is reasonably foreseeable.
Appears in 1 contract
Samples: Master Services Agreement
No Consequential Damages. Neither Party will have any liability be liable to the other Party for any loss of profits or revenues, loss of goodwill, or for any indirect, special, incidentalpunitive, consequential (including, without limitation, lost profits or punitive damages arising out oflost data collected throughout the term of this Agreement), or in connection with this Agreement, however causedincidental damages, whether in based on a claim or action of contract, tort (including negligence), warranty, negligence, strict liability, or other tort, breach of any statutory duty, indemnity or any other legal theorycontribution, and whether or not the Party has been otherwise, even if advised in advance of the possibility of such damages.
Appears in 1 contract
No Consequential Damages. Neither Party will have any liability shall be liable to the other Party Party, its Affiliates, sublicensees, successors, or assigns for any loss of profits or revenuesprofits, loss of goodwillbusiness, or interruption of business, nor for any indirect, special, incidental, special or consequential or punitive damages arising out of, or in connection with of any kind under this Restated Agreement, however caused, whether in contract, tort (including negligence), warranty, indemnity or any other legal theory, and whether or not the Party has been advised of the possibility of such damages.
Appears in 1 contract
Samples: Isis Licensing Agreement (Isis Pharmaceuticals Inc)
No Consequential Damages. Neither Party Except as provided in Section 40.4, neither party will have any liability be liable to the other Party for party or any loss of profits or revenues, loss of goodwill, or third party for any indirect, specialconsequential, incidental, consequential special losses, or punitive damages arising out ofdamages, or for loss of revenue or profit in connection with the performance or failure to perform this Agreement, however caused, Agreement regardless of whether in such liability arises from breach of contract, tort (including negligence)tort, warranty, indemnity or any other legal theory, and whether or not the Party has been advised theory of the possibility of such damagesliability.
Appears in 1 contract
No Consequential Damages. Neither Party will have any liability be liable to the other Party for any incidental, consequential, or indirect damages or for any loss of profits profit, revenue, data, business or revenues, loss of goodwill, or for any indirect, special, incidental, consequential or punitive damages arising out of, or in connection with this Agreement, however caused, use whether in contract, contract or tort (including negligence), warranty, indemnity or any other legal theory, and whether or not the Party has been advised of the possibility of such damagesdamages has been disclosed or is reasonably foreseeable.
Appears in 1 contract
Samples: Master Services Agreement