Common use of Types of Damages Clause in Contracts

Types of Damages. TO THE EXTENT LEGALLY PERMITTED UNDER APPLICABLE LAW, NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR ANY SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE INCLUDING, BUT NOT LIMITED TO DAMAGES OR COSTS DUE TO LOSS OF PROFITS, DATA, REVENUE, GOODWILL, PRODUCTION OR USE, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR PERSONAL OR PROPERTY DAMAGE ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE, MISUSE, OR INABILITY TO USE THE APPLICATION, DOCUMENTATION, SERVICES OR OTHER PRODUCTS OR SERVICES PROVIDED HEREUNDER, REGARDLESS OF THE CAUSE OF ACTION OR THE THEORY OF LIABILITY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, EVEN IF A PARTY HAS BEEN NOTIFIED OF THE LIKELIHOOD OF SUCH DAMAGES.

Appears in 4 contracts

Samples: Software as a Service Agreement, Software as a Service Agreement, Software as a Service Agreement

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Types of Damages. TO THE MAXIMUM EXTENT LEGALLY PERMITTED UNDER BY APPLICABLE LAW, NEITHER EXCEPT IN CONNECTION WITH THEIR RESPECTIVE INDEMNIFICATION OBLIGATIONS HEREUNDER, IN NO EVENT SHALL EITHER PARTY SHALL OR THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES OR SUPPLIERS BE LIABLE TO THE OTHER PARTY FOR UNDER THIS SUBSCRIPTION AGREEMENT FOR: (a) ANY SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE INCLUDING, BUT NOT LIMITED TO NATURE; OR (b) ANY DAMAGES OR COSTS DUE TO LOSS OF PROFITS, DATA, REVENUE, GOODWILL, PRODUCTION OR USE, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR PERSONAL OR PROPERTY DAMAGE ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE, MISUSE, OR INABILITY TO USE THE APPLICATION, DOCUMENTATION, SERVICES OR OTHER PRODUCTS OR SERVICES PROVIDED HEREUNDERDAMAGE, REGARDLESS OF THE CAUSE OF ACTION OR THE THEORY OF LIABILITY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, EVEN IF A PARTY VISUAL VOCAL HAS BEEN NOTIFIED OF THE LIKELIHOOD OF SUCH DAMAGES.

Appears in 2 contracts

Samples: Subscription Agreement, Subscription Agreement

Types of Damages. TO THE MAXIMUM EXTENT LEGALLY PERMITTED UNDER APPLICABLE LAW, NEITHER PARTY SHALL SMARTFORCE NOR ITS AFFILIATES, SUPPLIERS OR LICENSORS WILL BE LIABLE TO THE OTHER PARTY SUBSCRIBER FOR ANY SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE INCLUDING, BUT NOT LIMITED TO DAMAGES OR COSTS DUE TO LOSS OF PROFITS, DATA, REVENUE, GOODWILL, PRODUCTION OR USE, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR PERSONAL OR PROPERTY DAMAGE ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT AGREEMENT, THE SMARTFORCE SERVICE, THE SMARTFORCE SYSTEM OR THE USE, MISUSE, OR INABILITY TO USE THE APPLICATION, DOCUMENTATION, SERVICES OR OTHER PRODUCTS OR SERVICES PROVIDED HEREUNDERSERVICES, REGARDLESS OF THE CAUSE OF ACTION OR THE THEORY OF LIABILITY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, EVEN IF A PARTY SMARTFORCE HAS BEEN NOTIFIED OF THE LIKELIHOOD OF SUCH DAMAGES.

Appears in 2 contracts

Samples: Order Form, Service Subscription Agreement

Types of Damages. TO THE MAXIMUM EXTENT LEGALLY PERMITTED UNDER APPLICABLE LAW, NEITHER PARTY NOR IRON MOUNTAIN’S SUPPLIERS SHALL BE LIABLE TO THE OTHER PARTY FOR ANY SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, INCIDENTAL INCIDENTAL, CONSEQUENTIAL OR CONSEQUENTIAL SIMILAR LOSSES OR DAMAGES OF ANY NATURE INCLUDING, BUT NOT LIMITED TO TO, DAMAGES OR COSTS DUE TO LOSS OF PROFITS, DATA, REVENUE, GOODWILL, PRODUCTION OR USE, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR PERSONAL THE LOSS OR PROPERTY DAMAGE COST OF RECREATING ANY DATA, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE, MISUSE, OR INABILITY TO USE THE APPLICATION, DOCUMENTATION, SERVICES OR OTHER PRODUCTS OR SERVICES PROVIDED HEREUNDERTHESE TERMS AND CONDITIONS, REGARDLESS OF THE CAUSE OF ACTION OR THE THEORY OF LIABILITY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, EVEN IF A PARTY HAS BEEN NOTIFIED WAS ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE LIKELIHOOD POSSIBILITY OF SUCH LOSS OR DAMAGES.

Appears in 1 contract

Samples: Iron Mountain Insight Services Terms and Conditions

Types of Damages. TO THE EXTENT LEGALLY PERMITTED UNDER APPLICABLE LAW, NEITHER PARTY MAKEENA OR ITS SUPPLIERS SHALL NOT BE LIABLE TO THE OTHER PARTY CUSTOMER FOR ANY SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE INCLUDING, BUT NOT LIMITED TO DAMAGES OR COSTS DUE TO LOSS OF PROFITS, DATA, REVENUE, GOODWILL, PRODUCTION OR USE, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR PERSONAL OR PROPERTY DAMAGE ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT XXXXXXX’S PERFORMANCE HEREUNDER OR THE USE, MISUSE, OR INABILITY TO USE THE WEBSITE, APPLICATION, DOCUMENTATION, SERVICES OR OTHER PRODUCTS OR SERVICES PROVIDED HEREUNDER, REGARDLESS OF THE CAUSE OF ACTION OR THE THEORY OF LIABILITY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, EVEN IF A PARTY MAKEENA HAS BEEN NOTIFIED OF THE LIKELIHOOD OF SUCH DAMAGES.

Appears in 1 contract

Samples: Terms of Use Agreement

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Types of Damages. TO THE EXTENT LEGALLY PERMITTED UNDER APPLICABLE LAW, NEITHER PARTY SHALL IN NO EVENT WILL CLOUDFLARE OR ITS SUPPLIERS BE LIABLE TO THE OTHER CUSTOMER OR TO ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, INCIDENTAL INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY NATURE (INCLUDING, BUT NOT LIMITED TO WITHOUT LIMITATION, ANY DAMAGES OR COSTS DUE TO LOSS OF PROFITS, DATA, REVENUEUSE, GOODWILL, PRODUCTION OR USE, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR PERSONAL OR PROPERTY DAMAGE ARISING OUT DAMAGE, OR THE COST OF PROCURING SUBSTITUTE PRODUCTS OR SERVICES) RESULTING FROM OR IN CONNECTION WITH THIS THE AGREEMENT OR THE CUSTOMER’S USE, MISUSE, OR INABILITY TO USE THE APPLICATION, DOCUMENTATION, SERVICES SERVICE OR OTHER PRODUCTS OR SERVICES PROVIDED HEREUNDER, REGARDLESS OF THE CAUSE OF ACTION OR THE THEORY OF LIABILITY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, EVEN IF A PARTY CLOUDFLARE HAS BEEN NOTIFIED OF THE LIKELIHOOD POSSIBILITY OF SUCH DAMAGES.

Appears in 1 contract

Samples: Services Agreement

Types of Damages. TO THE EXTENT LEGALLY PERMITTED UNDER APPLICABLE LAW, NEITHER PARTY SHALL IN NO EVENT WILL CLOUDFLARE, ITS LICENSORS OR LICENSORS BE LIABLE TO THE OTHER CUSTOMER OR TO ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE (INCLUDING, BUT NOT LIMITED TO WITHOUT LIMITATION, ANY DAMAGES OR COSTS DUE TO LOSS OF PROFITS, DATA, REVENUEUSE, GOODWILL, PRODUCTION OR USE, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR PERSONAL OR PROPERTY DAMAGE ARISING OUT DAMAGE, OR THE COST OF PROCURING SUBSTITUTE PRODUCTS OR SERVICES) RESULTING FROM OR IN CONNECTION WITH THIS AGREEMENT OR THE CUSTOMER’S USE, MISUSE, OR INABILITY TO USE THE APPLICATION, DOCUMENTATION, SERVICES OR OTHER PRODUCTS OR SERVICES PROVIDED HEREUNDERSERVICE, REGARDLESS OF THE CAUSE OF ACTION OR THE THEORY OF LIABILITY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, AND EVEN IF A PARTY CLOUDFLARE HAS BEEN NOTIFIED OF THE LIKELIHOOD POSSIBILITY OF SUCH DAMAGES.

Appears in 1 contract

Samples: Terms of Service

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