Common use of No Special Damages Clause in Contracts

No Special Damages. Notwithstanding anything to the contrary contained herein, neither Party shall be liable or responsible to the other Party or such other Party’s affiliated Persons for any consequential, incidental, or punitive damages, or for loss of profits or revenues (collectively referred to as “special damages”) incurred by such Party or its affiliated Persons that arise out of or relate to this Agreement, REGARDLESS OF WHETHER ANY SUCH CLAIM ARISES UNDER OR RESULTS FROM CONTRACT, NEGLIGENCE, OR STRICT LIABILITY OF THE PARTY WHOSE LIABILITY IS BEING WAIVED HEREBY; provided that the foregoing limitation is not intended and shall not affect special damages actually awarded to a third party or assessed by a governmental authority and for which a Party is properly entitled to indemnification from the other Party pursuant to the express provisions of this Agreement.

No Special Damages. Notwithstanding anything herein to the contrary contained hereincontrary, neither Party shall be liable or responsible to the other Party or to any member of such other Party’s affiliated Persons Indemnified Group for any consequential, incidental, or punitive damages, or for loss of profits or revenues (collectively referred to as “special damagesSpecial Damages”) incurred by such Party or its affiliated Persons any member of such Party’s Indemnified Group that arise out of or relate to this AgreementAgreement or any Terminal Service Order, REGARDLESS OF WHETHER ANY SUCH CLAIM ARISES UNDER OR RESULTS FROM CONTRACTregardless of whether any such claim arises under or results from contract, NEGLIGENCEnegligence, OR STRICT LIABILITY OF THE PARTY WHOSE LIABILITY IS BEING WAIVED HEREBYor strict liability of the Party whose liability is being waived hereby; provided that the foregoing limitation is not intended and shall not affect special damages Special Damages actually awarded to a third party or assessed by a governmental authority Governmental Authority and for which a Party or any member of such Party’s Indemnified Group is properly entitled to indemnification from the other Party pursuant to the express provisions of this Agreement.