No Indirect Damages. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EITHER PARTY OR ITS AFFILIATES HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, OR BUSINESS OPPORTUNITY, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER, OR PUNITIVE DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A PARTY OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF A PARTY’S OR ITS AFFILIATES’ REMEDY OTHERWISE FAILS OF ITS ESSENTIAL PURPOSE. THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
Appears in 3 contracts
Samples: Terms of Service, College Terms of Service, Terms of Service
No Indirect Damages. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EITHER PARTY OR ITS AFFILIATES HAVE ANY LIABILITY ARISING OUT OF OR RELATED THE PARTIES BE LIABLE TO THE OTHER PARTIES UNDER ANY PROVISION OF THIS AGREEMENT OR OTHERWISE FOR ANY LOSS OF LOST PROFITS, REVENUE, GOODWILL, INCLUDING LOST OR BUSINESS OPPORTUNITYPROSPECTIVE PROFITS, OR FOR ANY OTHER SPECIAL, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER, EXEMPLARY OR PUNITIVE DAMAGES, IN CONTRACT, TORT OR OTHERWISE, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS NOT CAUSED BY OR RESULTING FROM SUCH PARTY’S OWN, SOLE OR CONCURRENT NEGLIGENCE OR THE NEGLIGENCE OF THE THEORY ANY OF LIABILITY, EVEN IF A PARTY OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF A PARTY’S OR ITS AFFILIATES’ REMEDY OTHERWISE FAILS OF ITS ESSENTIAL PURPOSE. RELATED PARTIES; PROVIDED THAT (I) THE FOREGOING DISCLAIMER WILL SHALL NOT APPLY TO ANY RENT (OR ANY CLAIMS THEREFOR) AND (II) WITHOUT LIMITING THE EXTENT PROHIBITED BY LAWFOREGOING, THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO CLAIMS OF EACH PARTY ARISING OUT OF THIRD PARTY CLAIMS FOR ANY OF THE FOREGOING.
Appears in 3 contracts
Samples: Stadium Lease Agreement, Ballpark Lease Agreement, Ballpark Lease Agreement
No Indirect Damages. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY UNDER ANY PROVISION OF THIS LEASE OR ITS AFFILIATES HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT OTHERWISE FOR ANY LOSS OF LOST PROFITS, REVENUE, GOODWILL, INCLUDING LOST OR BUSINESS OPPORTUNITYPROSPECTIVE PROFITS, OR FOR ANY OTHER SPECIAL, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER, EXEMPLARY OR PUNITIVE DAMAGES, IN CONTRACT, TORT OR OTHERWISE, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A PARTY NOT CAUSED BY OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF RESULTING FROM SUCH DAMAGES OR IF A PARTY’S OWN, SOLE OR ITS AFFILIATES’ REMEDY OTHERWISE FAILS CONCURRENT WILLFUL MISCONDUCT OR NEGLIGENCE OR THE WILLFUL MISCONDUCT OR NEGLIGENCE OF ANY OF ITS ESSENTIAL PURPOSE. EMPLOYEES, OFFICERS, OR AGENTS ACTING IN THEIR OFFICIAL CAPACITY, AFFILIATES OR RELATED PARTIES; PROVIDED THAT WITHOUT LIMITING THE FOREGOING DISCLAIMER WILL FOREGOING, THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO CLAIMS OF EACH PARTY ARISING OUT OF THIRD PARTY CLAIMS FOR ANY OF THE EXTENT PROHIBITED BY LAWFOREGOING.
Appears in 2 contracts
Samples: Ground Lease Agreement, Economic Development Agreement
No Indirect Damages. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EITHER PARTY OR ITS AFFILIATES HAVE BE LIABLE TO THE OTHER PARTY UNDER ANY LIABILITY ARISING OUT PROVISION OF OR RELATED TO THIS AGREEMENT OR OTHERWISE FOR ANY LOSS OF LOST PROFITS, REVENUE, GOODWILL, INCLUDING LOST OR BUSINESS OPPORTUNITYPROSPECTIVE PROFITS, OR FOR ANY OTHER SPECIAL, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER, EXEMPLARY OR PUNITIVE DAMAGES, IN CONTRACT, TORT OR OTHERWISE, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS NOT CAUSED BY OR RESULTING FROM SUCH PARTY’S OWN, SOLE OR CONCURRENT NEGLIGENCE OR THE NEGLIGENCE OF THE THEORY ANY OF LIABILITY, EVEN IF A PARTY OR ITS AFFILIATES HAVE BEEN ADVISED OR RELATED PARTIES; PROVIDED THAT WITHOUT LIMITING THE FOREGOING, THIS LIMITATION OF THE POSSIBILITY OF SUCH DAMAGES OR IF A PARTY’S OR ITS AFFILIATES’ REMEDY OTHERWISE FAILS OF ITS ESSENTIAL PURPOSE. THE FOREGOING DISCLAIMER WILL LIABILITY SHALL NOT APPLY TO CLAIMS OF EACH PARTY ARISING OUT OF THIRD PARTY CLAIMS FOR ANY OF THE EXTENT PROHIBITED BY LAWFOREGOING.
Appears in 1 contract
Samples: Stadium Development Agreement