No Liability for Certain Damages. NEITHER PARTY IS LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PROVISION OF PRODUCTS OR SERVICES UNDER A SCHEDULE, OR THE FOLLOWING WHETHER CHARACTERIZED AS DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES: LOST PROFITS, ANTICIPATED OR LOST REVENUE, LOSS OF DATA, LOSS OF BUSINESS OPPORTUNITIES, MISAPPROPRIATION OF PERSONAL INFORMATION STORED ON PRODUCTS, LOSS OF USE OF ANY INFORMATION SYSTEM, FAILURE TO REALIZE EXPECTED SAVINGS OR ANY OTHER COMMERCIAL OR ECONOMIC LOSS, OR ANY THIRD PARTY CLAIM, WHETHER ARISING IN TORT, OR CONTRACT LAW, OR ANY OTHER CAUSE OF ACTION OR LEGAL THEORY EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. BELL AND THE BELL PROVIDERS ARE NOT LIABLE FOR, AND CUSTOMER SHALL BE LIABLE FOR (I) THE USE OF THE PRODUCTS OR SERVICES PROVIDED BY BELL IN COMBINATION WITH SERVICES, PRODUCTS OR EQUIPMENT PROVIDED BY THE CUSTOMER OR ANY THIRD PARTIES, (II) THE FAILURE BY THE CUSTOMER TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT, (III) CUSTOMER'S OR ANY OF ITS END USER'S USE OR MODIFICATION OF THE PRODUCTS OR SERVICES OR TRANSMISSION OF CONTENT (AS DEFINED IN SECTION 10, OR (IV) CLAIMS AGAINST BELL OR A BELL PROVIDER BY AN END USER IN CONNECTION WITH THE PRODUCTS OR SERVICES.
No Liability for Certain Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY NOR THEIR AFFILIATES, SUPPLIERS OR CONTRACTORS WILL BE LIABLE FOR ANY INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, OR INCIDENTAL DAMAGES, DAMAGES FOR LOSS OF PROFITS OR REVENUES, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION), ARISING IN CONNECTION WITH THIS AGREEMENT, ANY STATEMENT OF SERVICES, SERVICES, SERVICE DELIVERABLES, FIXES, PRODUCTS, OR ANY OTHER MATERIALS OR INFORMATION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH POSSIBILITY WAS REASONABLY FORESEEABLE. THIS EXCLUSION OF LIABILITY DOES NOT APPLY TO EITHER PARTY’S LIABILITY TO THE OTHER FOR VIOLATION OF ITS CONFIDENTIALITY OBLIGATION, REDISTRIBUTION OR OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS.
No Liability for Certain Damages. To the maximum extent permitted by applicable law, neither you or Microsoft, nor the parties' respective Affiliates or suppliers, will be legally responsible for any indirect damages (including, without limitation, consequential, special, punitive or incidental damages, damages for loss of profits or revenues, loss of privacy, business interruption, or loss of business information), arising out of the use of or inability to use the Software Products, or otherwise under or in connection with this Agreement, even if advised of the possibility of such damages or if such possibility was reasonably foreseeable. The exclusion of liability in this Section 13(b) does not apply to either party's liability to the other for violation of the other party's intellectual property rights.
No Liability for Certain Damages. Except as otherwise expressly provided for elsewhere in this Agreement, in no event shall either Party have any liability for any indirect, incidental or consequential damages, including lost sales or lost profits, relating to or arising from or in connection with this Agreement, even if such damages may have been foreseeable; provided that such limitation shall not apply in the case of either Party’s indemnification obligations under this Section 13 or in the case of [***] or [***].
No Liability for Certain Damages. Neither party shall be liable to the other, or its associates, agents, brokers, consultants, designees or representatives for any indirect, special, consequential, exemplary, punitive or liquidated damages or for any damages for lost profits related to a relationship with another person, however caused or arising, whether or not the party has been informed of the possibility of their occurrence. Liability of either party to the other in the event of any material breach of this Agreement shall be limited to recovery of the loss of any revenues occasioned by any such breach.
No Liability for Certain Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LIGHTSPIN OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOST OF BUSINESS OR OF OPPORTUNITY, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, MONETIZATION OF WEBSITE TRAFFIC AND LOSS OD LEADS AND PROSPECTS OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE PLATFORM, EVEN IF LIGHTSPIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. IN NO INSTANCE WILL LIGHTSPIN’S CUMULATIVE LIABILITY EXCEED THE FEES PAID BY YOU TO LIGHTSPIN OVER THE PRECEDING 6 MONTHS.
No Liability for Certain Damages. In no event will Vendor or any person or entity involved in the creation, manufacture or distribution of any software, services or other materials provided by Vendor under the Contract be liable for: (i) any damages arising out of or related to the failure of City or its suppliers to perform their responsibilities; (ii) any claims or demands of third parties (other than those third party claims covered by the indemnification obligations of this Agreement); or (iii) any consequential, incidental, indirect, exemplary or punitive damages, even if Vendor has been advised of the possibility of such damages.
No Liability for Certain Damages. NEITHER LICENSOR NOR NWIC PARTIES SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT (INCLUDING LOST PROFITS, ANTICIPATED OR LOST REVENUE, LOSS OF DATA, LOSS OF USE OF ANY INFORMATION SYSTEM, FAILURE TO REALIZE EXPECTED SAVINGS OR ANY OTHER COMMERCIAL OR ECONOMIC LOSS, OR ANY THIRD PARTY CLAIM), WHETHER ARISING IN NEGLIGENCE, TORT, STATUTE, EQUITY, CONTRACT, COMMON LAW, OR ANY OTHER CAUSE OF ACTION OR LEGAL THEORY EVEN IF THE LIABLE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.
No Liability for Certain Damages. (a) In the absence of fraud or gross negligence, neither you nor we nor any of your or our affiliates or suppliers will be liable to the other for any damages for loss (whether direct or indirect) of profits or revenues, business interruption, loss of or damage to data or records, or loss of business information, or for any indirect damages of whatever nature (including without limitation, consequential, special or incidental damages) arising in connection with the RA or for any other indirect, consequential, punitive, incidental or special damages arising out of or related to the RA (even if the other party has been advised of the possibility of such damages). A party’s liability for loss or damage of any kind (including loss or damage caused by negligence) is reduced to the extent that the other party or its agents caused or contributed to that loss or damage.
(b) The exclusion of liability in this section applies to third party claims under section 8.
(c) The exclusion of liability in this section does not apply to your or our liability to the other for violation of its confidentiality obligation or of the other party’s intellectual property rights.
No Liability for Certain Damages. 13.1. Neither Landlord nor its agents or employees shall be liable to Tenant for any injury to person or damage to property caused by the Demised Premises or other portions of the Shopping Center becoming out of repair, by defect or failure of any structural element of the Demised Premises or of any equipment, pipes, or wiring, by broken glass, by the backing up of drains, or by gas, water, steam, electricity, or oil leaking, escaping, or flowing in to the Demised Premises, except when due to Landlord's willful failure to make required repairs within a reasonable time after it receives written notice that repairs are needed. Landlord also shall not be liable to Tenant for any loss or damage occasioned by or through the acts or omissions of other tenants of the Shopping Center or of other persons, other than Landlord's duly authorized employees and agents.
