No Incidental or Consequential Damages. In no event shall either PARTY be responsible for any incidental or consequential damages, including without limitation, lost profits or opportunities; provided that the foregoing shall in no event limit a PARTY’s indemnification obligation under Article 7.1 or Article 7.2 hereinabove.
No Incidental or Consequential Damages. Neither party shall have any liability to the other for incidental or consequential damages resulting from this Special Contract.
No Incidental or Consequential Damages. Except for any breach of the confidentiality obligations described in Section 9, in no event shall either Party be responsible for any incidental or consequential damages including but not limited to lost profits or opportunities; provided that the foregoing shall in no event limit a Party’s indemnification obligation under Section 8.1 or Section 8.2.
No Incidental or Consequential Damages. In no event shall either PARTY be responsible for any incidental or consequential damages, including without limitation, lost profits or opportunities; provided that the foregoing shall in no event limit a PARTY’s indemnification obligation under Article 7.1 or Article 7.2 hereinabove. [*] = Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 406 of the Securities Act of 1933, as amended.
No Incidental or Consequential Damages. Neither party shall be responsible for any special, indirect, incidental or consequential damages arising from any breach of this Agreement or any Program Document.
No Incidental or Consequential Damages. Neither Buyer nor Western shall be entitled to recover from the other for any Losses any amount in excess of the actual damages suffered by such party. Buyer and Western each waive any right to recover punitive, special, exemplary, incidental and consequential damages.
No Incidental or Consequential Damages. The parties further agree that termination of the TI Purchase Agreement shall not terminate the parties’ obligations and liabilities that have accrued thereunder as of the date of termination, except for obligations and claims released pursuant to Sections 5.2 and 5.4, hereof.
No Incidental or Consequential Damages. Notwithstanding anything to the contrary contained in this Agreement, in no event shall either Party be responsible for any incidental or consequential damages including, without limitation, lost profits or opportunities, incurred by the other Party or any Indemnitee hereunder.
No Incidental or Consequential Damages. Notwithstanding any other agreement to the contrary, BUYER HEREBY AGREES AND STIPULATES THAT TAC SHALL NOT BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES WHICH BUYER MAY SUFFER FOR ANY REASON, INCLUDING REASONS ATTRIBUTABLE TO TAC, INCLUDING BUT NOT LIMITED TO LOST PROFITS, OTHER BUSINESS INTERRUPTION, OR OTHER SIMILAR DAMAGES, WHICH ARE HEREBY WAIVED, WHATEVER THE THEORY OF RECOVERY OR CAUSE OF ACTION, WHETHER STATUTORY, TORT OR CONTRACT, INDEMNITY OR OTHER PROVISION, AND WHETHER DUE TO A NEGLIGENT OR GROSSLY NEGLIGENT ACT OR OMISSION, WHETHER SOLE, JOINT, OR CONCURRENT, PRODUCTS OR STRICT LIABILITY, OR ANY OTHER CAUSE.
No Incidental or Consequential Damages. Limitation of Liability. XXXX AND OSU ARE NOT LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, LOST PROFIT, EXPECTATION, PUNITIVE OR OTHER INDIRECT DAMAGES OF ANY KIND IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER GROUNDED IN TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, CONTRACT, OR OTHERWISE, REGARDLESS OF WHETHER XXXX IS ADVISED, HAS REASON TO KNOW OR IN FACT DOES KNOW OF THE POSSIBILITY. OPTIONEE AGREES THAT XXXX’X TOTAL LIABILITY FOR ANY DAMAGES AND CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEEMENT SHALL NOT EXCEED THE AMOUNT OF THE OPTION FEE AND PATENT COSTS ACTUALLY PAID BY OPTIONEE TO XXXX.
