Consequential Damage Sample Clauses
A Consequential Damage clause limits or excludes a party’s liability for indirect or consequential losses that may arise from a contract breach. In practice, this means that if one party’s actions cause the other to suffer losses that are not a direct result of the breach—such as lost profits, business interruption, or reputational harm—those losses may not be recoverable under the contract. The core function of this clause is to allocate risk by protecting parties from potentially large and unpredictable claims for damages that go beyond the immediate and foreseeable consequences of a breach.
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Consequential Damage. Defined as damage created to non-listed parts by a listed part BREAKDOWN.
Consequential Damage. FY shall not be liable for any consequential damages, including but not limited loss arising from loss of contract, profit, revenue, income whether such loss or damage is special or indirect and even if the risk of such loss or damage was brought to FY attention before or after acceptance by FY or other indirect cost, caused by any delay, damage or loss of content in the Goods (whole or part of the content).
Consequential Damage. The Operator and the Shipper shall each be liable for the consequences of any consequential damage that they may incur in the fulfilment of their obligations under the Contract, regardless of the perpetrator of the action causing said consequential damage. As a result, the Operator, the Shipper and their respective insurers shall mutually waive the right to any recourse in respect of said consequential damage. By way of exception to the principle set forth in the previous paragraph, in the event of duly justified consequential damage suffered by third parties as a result of a proven failure by the Operator to meet its contractual obligations, the Operator's liability may be incurred with regard to the Shipper on the basis of the payment by the Shipper of compensation to these third parties. In the same way, in the event of duly justified consequential damage suffered by third parties as a result of a proven failure by the Shipper to meet its contractual obligations, the Shipper's liability may be incurred on the basis of the payment by the Operator of compensation to these third parties. However, the liability of the Operator and the Shipper under this Article shall be limited to: o per event, one sixth of the corresponding amount of the Shipper's payment obligations under Articles 30.1.1, 30.6 and 30.7 and for the Invoicing Period in question, not exceeding one million five hundred thousand euro (1 500 000 €); o per calendar year, two (2) times the above amount. As a result, the Shipper and the Operator shall waive the right to any recourse against one another in respect of such damage above these limits.
Consequential Damage. Subject to other provisions contained in these terms, the seller’s liability vis-à-vis the buyer for production stops, lost profits, downtimes, losses of contract or any other economic or indirect consequential damage shall be excluded.
Consequential Damage. The Operator, the Terminal Operator and the Shipper shall each be responsible for the consequences of any consequential damage that they may suffer, within the context of fulfilment of their respective obligations under the Contract, regardless of the perpetrator of the action that caused said consequential damage. As a result, the Operator, the Terminal Operator, the Shipper and their respective insurers shall reciprocally waive the right to any recourse in respect of said consequential damage. As an exception to the principle set forth in the previous paragraph, in the event of consequential losses occurring as a result of a proven failure by the Operator to meet its contractual obligations, the Operator's liability may be incurred with regard to the Shipper on the basis of the payment by the Shipper of indemnities to third parties. In the same way, if consequential damage occurs as a result of a proven shortcoming by the Shipper with regard to its contractual obligations, the liability of the Shipper may be incurred on the basis of the payment of indemnities to these third parties by the Operator.
Consequential Damage i. Consequential damage is generally not covered by the Agreement and where it is this will be subject to agreement of the Diocesan Surveyor. The VA Promise Mk6 fund will undertake to make good any damage to school property resulting from a clearly attributable act or omission in the exercise of VA Promise Mk6 maintenance responsibilities. If instructed, the school’s insurer may employ a loss adjuster to agree the consequential damage.
ii. The school will be liable for undertaking repairs and/or making good to damage where it can be shown that they have not acted diligently in undertaking maintenance for which they have direct responsibility. For example, not insulating pipe work that subsequently freezes, thaws and floods part of a building.
Consequential Damage. Condition which results from any cause other than the direct mechanical failure of that item or system.
Consequential Damage. The “Consequential Damage” to refrigerated and frozen goods of the State or for which the state is legally liable or under the State’s care, custody or control caused solely by an Accident to an Object. For the purpose of this coverage,
Consequential Damage. Under no circumstances shall the Landlord be liable for indirect or consequential damage, or damages for personal discomfort or illness, by reason of the non-performance or partial performance of any covenants of the Landlord herein contained, including the heating of the Building or the operation of the air-conditioning equipment, plumbing or other equipment in the Building or on the Property, save and except where such damages are caused by the negligence or wilful default by the Landlord of any of the terms of this Lease.
Consequential Damage. FRAMA, the LICENSER and the e-communications: RMail partner are not liable towards the Customer or any third party for general or compensation claims. In particular, liability is excluded for losses or damage arising as a result of a loss of data or an inability to access the Internet or a service or to send or receive information as a result of delays, breakdowns or interruptions in service provision caused by FRAMA or the LICENSER.