NOTWITHSTANDING ANY OTHER PROVISION Clause Samples
The "Notwithstanding Any Other Provision" clause establishes that the specific terms it introduces will take precedence over any conflicting or inconsistent terms elsewhere in the agreement. In practice, this means that if another section of the contract appears to contradict the provision introduced by this clause, the language following "notwithstanding" will override the other section. This clause is commonly used to clarify exceptions, carve-outs, or special rules that must apply even if other parts of the contract suggest otherwise. Its core function is to ensure that certain critical provisions are enforced as intended, thereby preventing ambiguity or disputes over which contract terms should control in the event of a conflict.
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NOTWITHSTANDING ANY OTHER PROVISION. OF THIS AGREEMENT TO THE CONTRARY, IN NO EVENT WILL ANY PARTY OR ANY OF ITS AFFILIATES OR REPRESENTATIVES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, LOSS OF REVENUE OR LOST SALES) IN CONNECTION WITH ANY CLAIMS, LOSSES, DAMAGES OR INJURIES ARISING OUT OF THE CONDUCT OF SUCH PARTY PURSUANT TO THIS AGREEMENT REGARDLESS OF WHETHER THE NONPERFORMING PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR NOT.
NOTWITHSTANDING ANY OTHER PROVISION. THIS AGREEMENT IS MADE AND THE EXCLUSIVE LICENSES IN THE FIELD GRANTED AS SUBLICENSES PURSUANT TO THE CALTECH LICENSE, HENCE SUBJECT TO ANY LIMITATIONS AND RESPONSIBILITIES ON AZM OR SUBSEQUENT SUBLICENSEES CONTAINED THEREIN.
NOTWITHSTANDING ANY OTHER PROVISION. OF THIS AGREEMENT AND EXCEPT FOR BODILY INJURY OR DEATH, IN NO EVENT SHALL EITHER PARTY HERETO BE LIABLE TO THE OTHER PARTY HERETO FOR SPECIAL CONSEQUENTIAL OR INDIRECT DAMAGES THAT ARE CLAIMED TO BE INCURRED BY THE OTHER PARTY WHETHER SUCH CLAIM ARISES UNDER CONTRACT, TORT, STRICT LIABILITY, WARRANTY, INFRINGEMENT ACTIONS OR OTHER THEORY OF LAW. THIS LIMITATION DOES NOT APPLY TO DAMAGES RESULTING FROM FAILURE TO PROTECT CONFIDENTIAL OR PROPRIETARY INFORMATION PROVIDED FOR IN SECTION 4 HEREOF OR FOR UNAUTHORIZED USE OR RELEASE OF SUCH CONFIDENTIAL OR PROPRIETARY INFORMATION.
NOTWITHSTANDING ANY OTHER PROVISION. OF THIS AGREEMENT TO THE CONTRARY, IN NO EVENT SHALL CORPORATION OR MANAGER BE LIABLE TO THE OTHER FOR ANY PUNITIVE OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF BUSINESS UNDER ANY CIRCUMSTANCES.
NOTWITHSTANDING ANY OTHER PROVISION. HEREIN AND REGARDLESS OF THE CIRCUM- STANCES, SELLER’S TOTAL LIABILITY TO BUYER, ITS EMPLOYEES, AGENTS AND CUSTOM- ERS FOR ANY AND ALL CLAIMS, LOSSES OR DAMAGES ARISING OUT OF ANY CAUSE WHAT- SOEVER, WHETHER BASED IN CONTRACT, NEGLIGENCE OR OTHER TORT, STRICT LIABILITY, BREACH OF WARRANTY OR OTHERWISE, SHALL IN NO EVENT EXCEED THE PURCHASE PRICE OF THE GOODS IN RESPECT TO WHICH SUCH CAUSE AROSE. IN NO EVENT SHALL SELLER BE LIABLE TO ANY PERSON FOR LOST PROFITS OR SPECIAL, INCIDENTAL, CON- SEQUENTIAL OR PUNITIVE DAMAGES. Any cause of action that Buyer may have against Seller arising from the sale of Goods hereunder must be commenced within one (1) year after the cause of action has accrued.
NOTWITHSTANDING ANY OTHER PROVISION. OF THIS AGREEMENT, IN NO EVENT SHALL CONSULTANT BE LIABLE, REGARDLESS OF WHETHER ANY CLAIM IS BASED ON CONTRACT OR TORT, FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES PERFORMED IN CONNECTION WITH THIS AGREEMENT.