No Indirect Losses. The indemnities under this Agreement will not apply and there will be no right to claim damages for breach of this Agreement, in contract, in tort or on any other basis whatsoever, to the extent that any loss claimed by a Party is for Indirect Losses, howsoever caused, suffered or allegedly suffered by that Party.
No Indirect Losses. Except in the case of an Indemnifying Party’s gross negligence, willful misconduct, or fraud, in no event shall an Indemnifying Party be liable under this Agreement for any indirect, incidental, special, consequential, or exemplary or punitive damages (or any comparable category or form of such damages, howsoever characterized in any jurisdiction), regardless of the form of action, whether in contract, tort, strict liability or otherwise, and even if foreseeable or if the Indemnified Party has been advised of the possibility of such damages.
No Indirect Losses. No party may claim damages for breach of this Agreement or tortious act, whether under statute, contract, tort, common law or on any other basis whatsoever, to the extent that any loss claimed is for Indirect Losses suffered or allegedly suffered by such party. For purposes of this Section 5.8, “Indirect Losses” means any special, incidental, consequential, punitive or similar losses or damages based upon claims arising out of or in connection with the performance or non-performance of a party’s obligations or otherwise under this Agreement, or any representation made in this Agreement being materially incorrect.
No Indirect Losses. Without prejudice to the City’s rights under Schedule 16 [Payment Mechanism] and/or Section 7 [Payment], or the Parties’ rights in respect of payments provided for herein (including the City’s entitlement to liquidated damages pursuant to Section 2.2 [Delays in Achieving Construction Completion] of Schedule 7 [Construction Completion, Service Readiness and Final Completion]), the indemnities under this Agreement shall not apply and there shall be no right to claim damages for breach of this Agreement, in tort or on any other basis whatsoever, for Indirect Losses.
No Indirect Losses. Without prejudice to the City’s rights under Schedule 16 [Payment Mechanism] and/or Section 8 [Payment], or the Parties’ rights in respect of payments provided for herein (including the City’s entitlement to liquidated damages pursuant to Sections 12.2 [Delays in Achieving Phase 1 Construction Completion], 13.2 [Delays in Achieving ICS Integration Ready Date] and 14.2 [Delays in Achieving Construction Completion] of Schedule 4 [Design and Construction Protocols]), the indemnities under this Agreement shall not apply and there shall be no right to claim damages for breach of this Agreement, in tort or on any other basis whatsoever, for Indirect Losses.
