Common use of No Consequential Damages Clause in Contracts

No Consequential Damages. Under no circumstances, whether based on contract, warranty, negligence, strict liability, or otherwise, shall either Party be liable for any consequential, indirect, incidental; or punitive damages of any kind or character, including, but not limited to, loss of profits or revenues, loss of product, loss of use, cost of capital, and the like, arising out of or related to any performance under or breach of this Agreement The Parties specifically acknowledge that the benefits each Party contemplates deriving from the provisions of this Agreement reflect such allocation of risk and limitation of liabilities.

No Consequential Damages. Under no circumstancesNeither Party shall be liable to the other Party or its Affiliates for consequential, incidental, indirect, punitive or special damages (collectively, "Consequential Damages") resulting from any cause whatsoever, including without limitation, any loss of profits, sales or goodwill, loss of use of any Transportation Contract or the Agency Agreement, or any other claim whether based on arising in contract, warranty, tort (including negligence), strict liability, indemnity or otherwise, shall either Party be liable for any consequential, indirect, incidental; or punitive damages of any kind or character, including, but not limited to, loss of profits or revenues, loss of product, loss of use, cost of capital, and the like, otherwise arising out of or related relating to any performance under or breach of this Agreement The Parties specifically acknowledge that the benefits Agreement, and each Party contemplates deriving hereby releases the other Party from the provisions of this Agreement reflect any liability for all such allocation of risk losses and limitation of liabilitiesdamages.

No Consequential Damages. Under In no circumstancesevent 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 on in whole or in part in contract, warrantyin tort, including negligence, strict liability, or otherwiseany other theory of liability; provided; however, shall either that damages for which a Party may be liable for any consequentialto the other Party under another agreement will not be considered to be special, indirect, incidental; , or punitive consequential damages of any kind or character, including, but not limited to, loss of profits or revenues, loss of product, loss of use, cost of capital, and the like, arising out of or related to any performance under or breach of this Agreement The Parties specifically acknowledge that the benefits each Party contemplates deriving from the provisions of this Agreement reflect such allocation of risk and limitation of liabilitieshereunder.

No Consequential Damages. Under In no circumstances, whether based on contract, warranty, negligence, strict liability, or otherwise, event shall either Party be liable for any consequential, indirect, special, incidental; , exemplary, punitive or punitive consequential damages of any kind or characterkind, including, but not limited to, loss of profits or revenues, loss of product, loss of use, for the cost of capitalprocurement of substitute products or services, and the likeor for lost revenues or profits, arising out of or related to in connection with this Agreement, howsoever caused and regardless of the theory of liability, whether based in contract or tort, including negligence, product liability, and strict liability, or any performance under or breach other theory of this Agreement The Parties specifically acknowledge that the benefits each Party contemplates deriving from the provisions of this Agreement reflect such allocation of risk and limitation of liabilitiesliability.

No Consequential Damages. Under no circumstances, whether based on contract, warranty, negligence, strict liability, or otherwise, shall either Party be liable for any consequential, indirect, incidental; , or punitive damages of any kind or character, including, but not limited to, loss of profits or revenues, loss of product, loss of use, cost of capital, and the like, arising out of or related to any performance under or breach of this Agreement Agreement. The Parties specifically acknowledge that the benefits each Party contemplates deriving from the provisions of this Agreement reflect such allocation of risk and limitation of liabilities.

No Consequential Damages. Under In no circumstances, whether based on contract, warranty, event shall either party be liable under any contract negligence, strict liabilityliability or other legal or equitable theory to the other for any incidental, consequential, special, punitive, exemplary or other indirect damages, or otherwisefor lost profits, shall either Party be liable for any consequentiallost revenues, indirect, incidental; or punitive damages of any kind or character, including, but not limited to, loss of profits or revenues, loss of product, loss of use, cost of capital, and the like, business arising out of or related to any performance under or breach the subject matter of this Agreement The Parties specifically acknowledge that License Agreement, regardless of the benefits each Party contemplates deriving from cause of action, even if the provisions party has been advised of this Agreement reflect such allocation the likelihood of risk and limitation of liabilitiesdamages.

No Consequential Damages. Under In no circumstances, whether based on contract, warranty, negligence, strict liability, or otherwise, event shall either Party or its Affiliates or any of their respective Covered Persons be liable to the other Party for any punitive, incidental, consequential, indirectspecial or indirect damages, incidental; or punitive damages of any kind or character, including, but not limited to, loss of profits future profits, revenue or revenuesincome, damages based on a multiple of earnings, diminution in value or loss of product, loss of use, cost of capital, and business reputation or opportunity in connection with this Agreement or relating to the like, arising out of breach or related to any performance under or alleged breach of this Agreement The Parties specifically acknowledge that the benefits each Party contemplates deriving from Agreement, regardless of whether such damages or losses were foreseeable or would be recoverable under the provisions of this Agreement reflect such allocation of risk and limitation of liabilitiesstandard set forth in Section 11(a).

No Consequential Damages. Under In no circumstances, whether based on contract, warranty, negligence, strict liability, or otherwise, event shall either a Party be liable for any consequential, special, indirect, incidental; incidental or punitive damages of any kind damages, lost profits or character, including, but not limited torevenue, loss of profits or revenues, loss the use of product, loss of useequipment, cost of capital, and the likecost of temporary equipment or services, or similar items arising out of or related to this Agreement, whether based in whole or in part in contract, in tort, including negligence, strict liability, or any performance under or breach other theory of liability, except, in each case, any such damages actually paid to any un-Affiliated claimant in respect of a Third Party Claim paid in accordance with this Agreement The Parties specifically acknowledge that the benefits each Party contemplates deriving from the provisions of this Agreement reflect such allocation of risk and limitation of liabilitiesAgreement.

No Consequential Damages. Under To the maximum extent permitted by law, in no circumstances, whether based on contract, warranty, negligence, strict liability, or otherwise, event shall either Party be liable to the other for any consequentialspecial, indirect, incidental; incidental or punitive consequential damages of any kind or character, (including, but not limited towithout limitation, loss of profits profits, revenues or revenuesdata), loss of product, loss of use, cost of capital, and the like, arising out of or related to any performance under or whether based on breach of this Agreement The Parties specifically acknowledge contract, tort (including negligence) or otherwise, whether or not that Party has been advised of the benefits each Party contemplates deriving from the provisions possibility of this Agreement reflect such allocation of risk and limitation of liabilitiesdamage.

No Consequential Damages. Under In no circumstances, whether based on contract, warranty, negligence, strict liability, or otherwise, event shall either a Party be liable to any other Party for any special, consequential, indirectindirect or incidental damages or losses arising out of or in connection with this Agreement, incidental; or punitive damages of any kind or character, including, but not limited toincluding without limitation, loss of profits or revenues, loss of product, loss of use, cost of capital, and the like, arising out of or related to any performance under or whether such claim is based upon breach of this Agreement The Parties specifically acknowledge that contract, breach of warranty, negligence, strict liability in tort or any other theory of relief or whether or not such Party is informed in advance of the benefits each Party contemplates deriving from the provisions possibility of this Agreement reflect such allocation of risk and limitation of liabilitiesdamages or losses.

No Consequential Damages. Under Except for a party’s breach of its warranties or indemnification obligations hereunder and to the maximum extent permitted by law, in no circumstancesevent shall either party be liable for any loss of profit or revenue by the other party, or for any other consequential, incidental, indirect or economic damages incurred or suffered bysuch other party arising as a result of or related to this Agreement, whether based on in contract, warranty, negligence, strict liabilitytort, or otherwise, shall either Party be liable for any consequential, indirect, incidental; even if such party has been advised of the possibility of such loss or punitive damages of any kind or character, including, but not limited to, loss of profits or revenues, loss of product, loss of use, cost of capital, and the like, arising out of or related to any performance under or breach of this Agreement The Parties specifically acknowledge that the benefits each Party contemplates deriving from the provisions of this Agreement reflect such allocation of risk and limitation of liabilitiesdamages.

No Consequential Damages. Under In no circumstances, event shall either Party be liable (whether based on contract, indemnity, warranty, negligencetort, strict liability, liability or otherwise, shall either Party be liable ) for any consequential, indirectspecial, incidental; , exemplary, indirect or punitive damages of any kind or characterconsequential damages, including, including but not limited to, loss of profits or revenues, loss of product, loss of use, cost of capital, and the like, revenues arising out of or related to any performance under or breach of this Agreement The Parties specifically acknowledge that the benefits each Party contemplates deriving from the provisions performance or non-performance of such Party's obligations under this Agreement reflect such allocation of risk and limitation of liabilitiesAgreement.

No Consequential Damages. Under Except as expressly provided otherwise in this Agreement, in no circumstancesevent shall either Party be liable to the other Party for any lost profits or incidental, indirect, speculative, consequential, special, punitive or exemplary damages of any kind (whether based on in contract, warrantytort, including negligence, strict liability, fraud, or otherwise, shall either Party be liable for or statutes, regulations, or any consequential, indirect, incidental; or punitive damages of any kind or character, including, but not limited to, loss of profits or revenues, loss of product, loss of use, cost of capital, and the like, other theory) arising out of or related to any performance under or breach in connection with this Agreement, even if advised of this Agreement The Parties specifically acknowledge that the benefits each Party contemplates deriving from the provisions of this Agreement reflect such allocation of risk and limitation of liabilitiespotential damages.

No Consequential Damages. Under no circumstances, whether based on contract, warranty, negligence, strict liability, or otherwise, circumstances whatsoever shall either Party be liable to the other Party in contract, tort, negligence, breach of statutory duty or otherwise for (i) any consequentialdirect or indirect loss of profits, revenues, production, anticipated savings, data, business or goodwill or (ii) any other liability, damage, cost or expense of any kind incurred by the other Party of an indirect, incidental; , consequential, punitive or punitive damages special nature, regardless of any kind or character, including, but not limited to, loss notice of profits or revenues, loss the possibility of product, loss of use, cost of capital, and the like, arising out of or related to any performance under or breach of this Agreement The Parties specifically acknowledge that the benefits each Party contemplates deriving from the provisions of this Agreement reflect such allocation of risk and limitation of liabilitiesdamages.

No Consequential Damages. Under In no circumstancesevent, whether based on contractas a result of breach of either Parties duties, warranty, negligence, strict liability, negligence liability without fault or otherwiseany other legal theory or basis, shall either Party be liable for any special, incidental, consequential, indirect, incidental; statutory or punitive damages of any kind or characterdamages, including, including but not limited to, loss of profits or revenuesloss of market, loss of productincome, damages arising from loss, punitive damages, wrong delivery, damages to property, loss of use, use of Goods cost of capitalsubstituted Goods, and the like, arising out of whether or related to any performance under not said Party had knowledge that such damages or breach of this Agreement The Parties specifically acknowledge that the benefits each Party contemplates deriving from the provisions of this Agreement reflect such allocation of risk and limitation of liabilities.losses might occur

No Consequential Damages. Under no circumstances, whether based on contract, warranty, negligence, strict liability, liability or otherwise, shall either any Party be liable for any consequential, indirect, incidental; incidental or punitive damages of any kind or character, including, but not limited to, loss of profits or revenues, loss of product, loss of use, cost of capital, capital and the like, arising out of or related to any performance under or breach of this Agreement Agreement. The Parties specifically acknowledge that the benefits each Party contemplates deriving from the provisions of this Agreement reflect such allocation of risk and limitation of liabilities.

No Consequential Damages. Under no circumstancesUnless otherwise specifically mentioned herein, neither Party, whether based on as a result of breach of contract, warranty, negligence, tort liability (including negligence and strict liability, ) or otherwise, shall either Party be liable responsible for any consequential, indirect, incidental; direct or punitive consequential damages of suffered by any kind or characterother Parties, including, but not limited towithout limitation, damage, loss or expense incurred by such other Party as a result of any loss of use of, or loss of production from, any facility, or loss incurred by such other Party of any anticipated profits or revenuesspecial punitive, loss penal or consequential losses of product, loss of use, cost of capital, and the like, arising out of or related to any performance under or breach of this Agreement The Parties specifically acknowledge that the benefits each Party contemplates deriving from the provisions of this Agreement reflect such allocation of risk and limitation of liabilitieskind.

No Consequential Damages. Under 13.1.1 In no circumstances, whether based on contract, warranty, negligence, strict liability, or otherwise, event shall either Party be liable to the other or to any third party, whether in contract, tort (including negligence), warranty or otherwise, for any consequential, indirect, incidental; , special, consequential, exemplary or punitive damages of any kind or character, (including, but not limited towithout limitation, loss of profits or revenues, loss of product, loss of use, cost of capital, and the like, profits) arising out of or related relating to any performance under or breach the Agreement, even if such Party has been advised of this Agreement The Parties specifically acknowledge that the benefits each Party contemplates deriving from the provisions possibility of this Agreement reflect such allocation of risk and limitation of liabilitiesdamages.

No Consequential Damages. Under no circumstances, whether based on contract, warranty, negligence, strict liability, or otherwise, shall circumstances whatsoever will either Party be liable or have any obligation of indemnity to the other Party in contract, tort, negligence, breach of statutory duty or on any other theory of liability for (i) any (direct or indirect) loss of profits, of production, of anticipated savings, of business or goodwill or (ii) for any consequentialother liability, indirectdamage, incidental; costs or punitive damages expense of any kind incurred by the other Party of an indirect or characterconsequential nature, including, but not limited to, loss regardless of profits any notice of the possibility of these damages or revenues, loss any failure of product, loss essential purpose of use, cost of capital, and the like, arising out of or related to any performance remedy available under or breach of this Agreement The Parties specifically acknowledge that the benefits each Party contemplates deriving from the provisions of this Agreement reflect such allocation of risk and limitation of liabilitiesAgreement.

No Consequential Damages. Under In no circumstances, whether based on event will either Party be liable to the other under any contract, warranty, negligence, strict liability, lability or otherwise, shall either Party be liable other legal or equitable theory for any consequential, indirectincidental, incidental; indirect or punitive special damages of any kind or character, whatsoever (including, but not limited to, damages for loss of profits revenue or revenuesprofits, interruption of operations, loss of product, loss of use, cost of capital, information and the like), arising out whether foreseeable or unforeseeable, regardless of the basis of the claim and even if the Party or related to any performance under or breach a Party representative has been advised of this Agreement The Parties specifically acknowledge that the benefits each Party contemplates deriving from the provisions possibility of this Agreement reflect such allocation of risk and limitation of liabilitiesdamage.

No Consequential Damages. Under In no circumstancesevent shall a Party be liable to the other Party for special, indirect, incidental, consequential or punitive damages, including lost profits, whether based on in contract, warranty, negligence, strict liability, tort or otherwise, shall either Party be liable for any consequential, indirect, incidental; or punitive damages of any kind or character, including, but not limited to, loss of profits or revenues, loss of product, loss of use, cost of capital, and the like, otherwise arising out of or related relating to any performance under or breach of this Agreement The Parties specifically acknowledge that the benefits each Party contemplates deriving from the provisions of this Agreement reflect such allocation of risk and limitation of liabilitiesor any breach hereof.