Common use of No Consequential Clause in Contracts

No Consequential. Damages - EXCEPT FOR WILFUL OR INTENTIONAL MISCONDUCT, NEITHER AT&T NOR GTE 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 PARTY), 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 10.3 SHALL LIMIT THE PARTIES INDEMNIFICATION OBLIGATIONS UNDER THIS AGREEMENT.

Appears in 1 contract

Samples: www.michigan.gov

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No Consequential. Damages - EXCEPT FOR WILFUL OR INTENTIONAL MISCONDUCT, NEITHER AT&T NOR GTE 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 PARTYPARTIES), 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 ’S SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS FROM ANY SUCH CLAIM. NOTHING CONTAINED IN THIS SECTION 10.3 10 SHALL LIMIT BELLSOUTH'S OR AT&T'S LIABILITY TO THE PARTIES INDEMNIFICATION OBLIGATIONS UNDER THIS AGREEMENT.OTHER FOR (i) WILLFUL OR INTENTIONAL MISCONDUCT (INCLUDING GROSS NEGLIGENCE);

Appears in 1 contract

Samples: dms.psc.sc.gov

No Consequential. Damages DAMAGES - EXCEPT FOR WILFUL OR INTENTIONAL MISCONDUCT, NEITHER AT&T ACSI NOR GTE 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 PARTYPARTIES), 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 10.3 SHALL LIMIT THE PARTIES INDEMNIFICATION OBLIGATIONS UNDER THIS AGREEMENT.

Appears in 1 contract

Samples: Agreement

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No Consequential. Damages - EXCEPT FOR WILFUL OR INTENTIONAL MISCONDUCTNYSE AND ITS AGENTS, NEITHER AT&T NOR GTE SHALL BE AFFILIATES AND LICENSORS ARE NOT LIABLE TO THE OTHER PARTY FOR ANY INDIRECTLOSS, INCIDENTALDAMAGES, CLAIM OR EXPENSE, INCLUDING ANY DIRECT, CONSEQUENTIAL, RELIANCEINDIRECT, SPECIAL, PUNITIVE OR SPECIAL INCIDENTAL DAMAGES SUFFERED BY SUCH OTHER PARTY OR LOST PROFITS, WHETHER FORESEEABLE OR UNFORSEEABLE, BASED ON USER’S CLAIMS OR THE CLAIMS OF ITS CUSTOMERS, EMPLOYEES OR AGENTS (INCLUDING WITHOUT LIMITATION DAMAGES CLAIMS FOR HARM LOSS OF DATA, GOODWILL, USE OF MONEY OR CONNECTION TO BUSINESSOR USE OF THE PLATFORM OR ANY CONNECTIVITY TO THE PLATFORM, LOST REVENUESINTERRUPTION IN USE OR AVAILABILITY OF THE PLATFORM OR ANY CONNECTIVITY TO THE PLATFORM, LOST SAVINGS, STOPPAGE OF OTHER WORK OR LOST PROFITS SUFFERED BY SUCH IMPAIRMENT OF OTHER PARTYASSETS), REGARDLESS ARISING OUT OF THE FORM OR RESULTING FROM BREACH OR FAILURE OF ACTIONEXPRESS OR IMPLIED WARRANTY, WHETHER IN BREACH OF CONTRACT, WARRANTYMISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHER LEGAL OR EQUITABLE THEORY. THIS SECTION DOES NOT APPLY ONLY WHEN AND TO THE EXTENT THAT APPLICABLE LAW OR THE RULES SPECIFICALLY REQUIRES LIABILITY, OR TORT, INCLUDING WITHOUT LIMITATION NEGLIGENCE OF ANY KIND WHETHER ACTIVE OR PASSIVE, DESPITE THE FOREGOING EXCLUSION 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 10.3 SHALL LIMIT THE PARTIES INDEMNIFICATION OBLIGATIONS UNDER THIS AGREEMENTLIMITATION.

Appears in 1 contract

Samples: Master User Agreement

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