Consequential Damages. Neither party to this Agreement shall be liable to the other party for special, indirect or consequential damages under any provision of this Agreement or for any special, indirect or consequential damages arising out of any act or failure to act hereunder.
Appears in 389 contracts
Sources: Transfer Agency and Service Agreement (Allspring Funds Trust), Transfer Agency and Service Agreement (Allspring Variable Trust), Transfer Agency and Service Agreement (Allspring Funds Trust)
Consequential Damages. Neither party to this Agreement shall be liable to the other party for special, indirect or consequential damages under any provision of this Agreement or for any special, indirect or consequential damages arising out of any act or failure to act hereunder.
Appears in 186 contracts
Sources: Transfer Agency and Service Agreement (Select Sector SPDR Trust), Transfer Agency and Service Agreement (Dodge & Cox Funds), Transfer Agency and Service Agreement
Consequential Damages. 14.01 Neither party to this Agreement shall be liable to the other party for special, indirect or consequential damages under any provision of this Agreement or for any special, indirect or consequential damages arising out of any act or failure to act hereunder.
Appears in 69 contracts
Sources: Stock Transfer Agent Services Agreement (Credit Suisse Asset Management Income Fund Inc), Registrar, Transfer Agency and Service Agreement (China Fund Inc), Registrar, Transfer Agency and Service Agreement (Gabelli Global Healthcare & WellnessRx Trust)
Consequential Damages. 14.01 Neither party to this Agreement shall be liable to the other party for special, indirect or consequential damages under any provision of this Agreement or for any special, indirect or consequential damages arising out of any act or failure to act hereunder.
Appears in 46 contracts
Sources: Transfer Agency and Service Agreement (Virtus Global Credit Opportunities Fund), Transfer Agency and Service Agreement (Virtus Managed Account Completion Shares (MACS) Trust), Transfer Agency and Service Agreement (Virtus Opportunities Trust)
Consequential Damages. Neither party to this Agreement shall be liable to the other party for specialany consequential, indirect indirect, special or consequential incidental damages under any provision provisions of this Agreement or for any specialconsequential, indirect indirect, penal, special or consequential incidental damages arising out of any act or failure to act hereunderhereunder even if that party has been advised of or has foreseen the possibility of such damages.
Appears in 41 contracts
Sources: Subscription Agent Agreement, Warrant Agreement (Eastman Kodak Co), Warrant Agreement (LGL Group Inc)
Consequential Damages. Neither party to this Agreement shall be liable to the other party for specialany consequential, indirect indirect, special or consequential incidental damages under any provision provisions of this Agreement or for any specialconsequential, indirect indirect, punitive, special or consequential incidental damages arising out of any act or failure to act hereunderhereunder even if that party has been advised of or has foreseen the possibility of such damages.
Appears in 38 contracts
Sources: Warrant Agreement (Enovix Corp), Warrant Agreement (Enovix Corp), Warrant Agreement (Enovix Corp)
Consequential Damages. Neither party to this Agreement shall be liable to the other party for specialany consequential, indirect indirect, punitive, special or consequential incidental damages under any provision provisions of this Agreement or for any specialconsequential, indirect indirect, punitive, special or consequential incidental damages arising out of any act or failure to act hereunderhereunder even if that party has been advised of or has foreseen the possibility of such damages.
Appears in 31 contracts
Sources: Warrant Agreement (M-Tron Industries, Inc.), Warrant Agreement (M-Tron Industries, Inc.), Warrant Agreement (M-Tron Industries, Inc.)
Consequential Damages. Neither party to this Agreement shall be liable to the other party for special, indirect or consequential damages under any provision of this Agreement or for any special, indirect or consequential damages arising out of any act or failure to act hereunderAgreement.
Appears in 29 contracts
Sources: Administrative Services Agreement (World Funds Trust), Accounting Services Agreement (World Funds Trust), Administrative Services Agreement (Dblaine Investment Trust)
Consequential Damages. Neither party to this Agreement shall be liable to the other party for specialany consequential, indirect indirect, special or consequential incidental damages under any provision provisions of this Agreement or for any specialconsequential, indirect indirect, penal, special or consequential incidential damages arising out of any act or failure to act hereunderhereunder even if that party has been advised of or has foreseen the possibility of such damages.
Appears in 28 contracts
Sources: Subscription Agent Agreement (Hotel Outsource Management International Inc), Subscription Agent Agreement (Marshall Edwards Inc), Subscription Agent Agreement (Japan Smaller Capitalization Fund Inc)
Consequential Damages. Neither Notwithstanding anything in this Warrant Agreement to the contrary, neither party to this Warrant Agreement shall be liable to the other party for specialany consequential, indirect indirect, special or consequential incidental damages under any provision of this Warrant Agreement or for any specialconsequential, indirect indirect, punitive, special or consequential incidental damages arising out of any act or failure to act hereunderhereunder even if that party has been advised of or has foreseen the possibility of such damages.
Appears in 25 contracts
Sources: Warrant Agency Agreement (Advaxis, Inc.), Warrant Agency Agreement (Advaxis, Inc.), Warrant Agency Agreement (Advaxis, Inc.)
Consequential Damages. Neither party to this Agreement shall be liable to the other party for specialany consequential, indirect indirect, special or consequential incidental damages under any provision of this Agreement or for any specialconsequential, indirect indirect, penal, special or consequential incidental damages arising out of any act or failure to act hereunderhereunder even if that party has been advised of or has foreseen the possibility of such damages.
Appears in 23 contracts
Sources: Subscription and Information Agent Agreement (Growlife, Inc.), Subscription and Information Agent Agreement (SenesTech, Inc.), Subscription and Information Agent Agreement (Famous Daves of America Inc)
Consequential Damages. Neither party to this Agreement shall be liable to the other party for special, indirect or consequential damages under any provision of this Agreement or for any special, indirect or consequential damages arising out of any act or failure to act hereunder.
Appears in 21 contracts
Sources: Transfer Agency Service Agreement (Santa Barbara Group of Mutual Funds Inc), Administration & Fund Accounting Services Agreement (North Country Funds), Transfer Agency Service Agreement (Advisors Series Trust)
Consequential Damages. Neither party to this Agreement shall be liable to the other party for special, indirect or consequential damages under any provision of this Agreement or for any special, indirect or consequential damages arising out of any act or failure to act hereunderAgreement.
Appears in 21 contracts
Sources: Investment Sub Advisory Agreement (ALPS ETF Trust), Investment Advisory Agreement (FQF Trust), Investment Advisory Agreement (FQF Trust)
Consequential Damages. 15.01 Neither party to this Agreement shall be liable to the other party for special, indirect or consequential damages under any provision of this Agreement or for any special, indirect or consequential damages arising out of any act or failure to act hereunder.
Appears in 19 contracts
Sources: Transfer Agency and Service Agreement (Gabelli Innovations Trust), Transfer Agency and Service Agreement (RS Variable Products Trust), Transfer Agency and Service Agreement (Park Avenue Portfolio)
Consequential Damages. Neither party to this Warrant Agreement shall be liable to the other party for specialany consequential, indirect indirect, special or consequential incidental damages under any provision provisions of this Warrant Agreement or for any specialconsequential, indirect indirect, punitive, special or consequential incidental damages arising out of any act or failure to act hereunderhereunder even if that party has been advised of or has foreseen the possibility of such damages.
Appears in 17 contracts
Sources: Warrant Agreement (Medlab Clinical Ltd.), Warrant Agreement (Gaucho Group Holdings, Inc.), Warrant Agreement (Vislink Technologies, Inc.)
Consequential Damages. Neither Notwithstanding anything in this Warrant Agreement to the contrary, neither party to this Warrant Agreement shall be liable to the other party for specialany consequential, indirect indirect, special or consequential incidental damages under any provision of this Agreement or for any specialconsequential, indirect indirect, punitive, special or consequential incidental damages arising out of any act or failure to act hereunderhereunder even if that party has been advised of or has foreseen the possibility of such damages.
Appears in 17 contracts
Sources: Warrant Agent Agreement (Cytori Therapeutics, Inc.), Warrant Agent Agreement (Cytori Therapeutics, Inc.), Warrant Agency Agreement (Synergy Pharmaceuticals, Inc.)
Consequential Damages. Neither party to this Agreement shall be liable to the other party for specialany consequential, indirect indirect, special or consequential incidental damages under any provision of this Agreement or for any specialconsequential, indirect indirect, special or consequential incidental damages arising out of any act or failure to act hereunderhereunder even if that party has been advised of or has foreseen the possibility of such damages.
Appears in 16 contracts
Sources: Depositary Agreement (Diversified Real Asset Income Fund), Depositary Agreement (Nuveen Global High Income Fund), Depositary Agreement (Diversified Real Asset Income Fund)
Consequential Damages. Neither party to Notwithstanding anything in this Agreement to the contrary, neither party shall be liable under this Agreement to the other party for special, indirect or consequential damages under any provision of this Agreement or hereto for any specialpunitive, consequential, special or indirect losses or consequential damages arising out of any act or failure to act hereunderdamages.
Appears in 12 contracts
Sources: Distribution Agreement (Quaker Investment Trust), Distribution Agreement (Delaware Wilshire Private Markets Tender Fund), Distribution Agreement (SEI Exchange Traded Funds)
Consequential Damages. Neither party to this Agreement shall be liable to the other party for any consequential, indirect, special, indirect punitive or consequential incidental damages under any provision provisions of this Agreement or for any consequential, indirect, penal, special, indirect punitive or consequential incidental damages arising out of any act or failure to act hereunderhereunder even if that party has been advised of or has foreseen the possibility of such damages.
Appears in 12 contracts
Sources: Subscription Agent Agreement, Subscription Agent Agreement (Gabelli Equity Trust Inc), Subscription Agent Agreement (Gabelli Multimedia Trust Inc.)
Consequential Damages. Neither party to this Agreement shall be liable to the other party or any other Person for special, indirect or consequential damages under any provision of this Agreement or for any special, indirect or consequential damages arising out of any act or failure to act hereunderdamages.
Appears in 12 contracts
Sources: Rights Agreement (Hollinger International Inc), Rights Agreement (Loehmanns Inc), Rights Agreement (Foamex International Inc)
Consequential Damages. Neither party to this Agreement agreement shall be liable to the other party for special, indirect or consequential damages under any provision of this Agreement or for any special, indirect or consequential damages arising out of any act or failure to act hereunder.
Appears in 11 contracts
Sources: Sub Transfer Agent Agreement (Phoenix Equity Series Fund), Sub Transfer Agent Agreement (Phoenix Income & Growth Fund), Sub Transfer Agent Agreement (Phoenix Strategic Equity Series Fund)
Consequential Damages. Neither party to this Agreement shall be liable to the other party for specialconsequential, indirect or consequential special damages under any provision of this Agreement or for any specialconsequential, indirect or consequential special damages arising out of any act or failure to act hereunder.
Appears in 11 contracts
Sources: Sub Transfer Agency and Service Agreement, Sub Transfer Agency and Service Agreement (Icap Funds Inc), Sub Transfer Agency and Service Agreement (Mainstay Funds Trust)
Consequential Damages. Neither party to this Agreement Party shall be liable to the other party under this EFT Agreement for any indirect, special, indirect incidental, punitive or consequential damages under any provision damages, even if such Party had been advised of this Agreement or for any special, indirect or consequential damages arising out the possibility of any act or failure to act hereundersuch damages.
Appears in 11 contracts
Sources: Electronic Funds Transfer (Eft) Agreement, Eft Authorization Agreement, Eft Authorization Agreement
Consequential Damages. Neither party to this Warrant Agreement shall be liable to the other party for specialany consequential, indirect indirect, special or consequential incidental damages under any provision provisions of this Warrant Agreement or for any specialconsequential, indirect indirect, penal, special or consequential incidental damages arising out of any act or failure to act hereunderhereunder even if that party has been advised of or has foreseen the possibility of such damages.
Appears in 10 contracts
Sources: Warrant Agreement, Warrant Agreement (National Holdings Corp), Warrant Agreement (National Holdings Corp)
Consequential Damages. Neither No party to this Agreement shall be liable to the any other party for special, indirect or consequential damages under any provision of this Agreement or for any special, indirect or consequential damages arising out of any act or failure to act hereunder.
Appears in 10 contracts
Sources: Master Transfer Agency and Service Agreement (Calvert SAGE Fund), Master Transfer Agency and Service Agreement (Calvert Tax Free Reserves), Master Transfer Agency and Service Agreement (Summit Mutual Funds, Inc.)
Consequential Damages. Neither party to this Agreement shall be liable to the other party for specialany consequential, indirect indirect, special or consequential incidental damages under any provision provisions of this Agreement or for any specialconsequential, indirect indirect, special or consequential incidental damages arising out of any act or failure to act hereunderhereunder even if that party has been advised of or has foreseen the possibility of such damages.
Appears in 10 contracts
Sources: Subscription Agent Agreement (Medis Technologies LTD), Subscription Agency Agreement (Cell Kinetics LTD), Subscription Agent Agreement (Medis Technologies LTD)
Consequential Damages. Neither Notwithstanding anything in this Agreement to the contrary, neither party to this Agreement shall be liable to the other party for specialany consequential, indirect indirect, special or consequential incidental damages under any provision of this Agreement or for any specialconsequential, indirect indirect, punitive, special or consequential incidental damages arising out of any act or failure to act hereunderhereunder even if that party has been advised of or has foreseen the possibility of such damages.
Appears in 10 contracts
Sources: Warrant Agency Agreement (Clip Interactive, LLC), Warrant Agency Agreement (Clip Interactive, LLC), Warrant Agreement (Lm Funding America, Inc.)
Consequential Damages. Neither party to this Agreement shall be liable to the other party for special, indirect or consequential damages under any provision of this Agreement or for any special, indirect or consequential damages arising out of any act or failure to act hereunderhereunder even if that party has been advised of or has foreseen the possibility of such damages.
Appears in 9 contracts
Sources: Reorganization Support Service Agreement (Cornerstone Progressive Return Fund), Subscription and Information Agent Agreement (Dividend & Income Fund), Subscription Agency Agreement (Greater China Fund Inc)
Consequential Damages. Neither No party to this Agreement shall be liable to the other party for special, indirect or consequential damages under any provision of this Agreement or for any special, indirect or consequential damages arising out of any act or failure to act hereunder.
Appears in 8 contracts
Sources: Transfer Agency Agreement (Ab Fixed Income Shares Inc), Transfer Agency Agreement (Us Global Investors Funds), Transfer Agency Agreement (Us Global Investors Funds)
Consequential Damages. Neither Notwithstanding anything in this Warrant Agreement to the contrary, neither party to this Warrant Agreement shall be liable to the other party for any consequential, indirect, special, indirect punitive, or consequential incidental damages under any provision of this Warrant Agreement or for any specialconsequential, indirect indirect, punitive, special or consequential incidental damages arising out of any act or failure to act hereunderhereunder even if that party has been advised of or has foreseen the possibility or likelihood of such damages.
Appears in 8 contracts
Sources: Warrant Agency Agreement (Atossa Genetics Inc), Warrant Agency Agreement (Atossa Genetics Inc), Warrant Agency Agreement (Rennova Health, Inc.)
Consequential Damages. Neither party to this Agreement shall be liable to the other party for specialconsequential, indirect incidental, special or consequential exemplary damages under any provision of this Agreement or for any special, indirect or consequential damages arising out of any act or failure to act hereunderAgreement.
Appears in 6 contracts
Sources: Administration Services Agreement (DGHM Investment Trust), Accounting Services Agreement (DGHM Investment Trust), Accounting Services Agreement (Diamond Portfolio Investment Trust)
Consequential Damages. Neither Notwithstanding anything in this Agreement to the contrary, neither party to this Agreement shall be liable to the other party for specialany consequential, indirect indirect, special or consequential incidental damages under any provision of this Agreement or for any consequential, indirect, punitive, special, indirect or consequential incidental damages arising out of any act or failure to act hereunder, even if that party has been advised of or has foreseen the possibility of such damages.
Appears in 5 contracts
Sources: Warrant Agreement (NXT-Id, Inc.), Warrant Agreement (NXT-Id, Inc.), Warrant Agency Agreement (Genspera Inc)
Consequential Damages. Neither party Party to this Agreement shall be liable to the other party Party for special, indirect or consequential damages under any provision of this Agreement or for any special, indirect or consequential damages arising out of any act or failure to act hereunder.
Appears in 5 contracts
Sources: Transfer Agency and Service Agreement (Schwab Annuity Portfolios), Transfer Agency and Service Agreement (Charles Schwab Family of Funds), Transfer Agency and Service Agreement (Schwab Capital Trust)
Consequential Damages. Neither Regardless of any other term of this Agreement, in no event shall either party to this Agreement shall be responsible or liable to the other party for special, indirect or consequential damages under any provision of this Agreement or for any specialincidental, consequential, or other indirect or consequential damages arising out of any act or failure to act hereunderdamages.
Appears in 5 contracts
Sources: Consulting Services Agreement, Consulting Services Agreement, Consulting Services Agreement
Consequential Damages. Neither party to this Agreement shall be liable to the other party or any third party for special, indirect or consequential damages under any provision of this Agreement or for any special, indirect or consequential damages arising out of any act or failure to act hereunderdamages.
Appears in 4 contracts
Sources: Preferred Share Purchase Rights Plan (Pediatrix Medical Group Inc), Rights Agreement (Sabratek Corp), Rights Agreement (Quest Education Corp)
Consequential Damages. Neither Notwithstanding anything in this Unit Agreement to the contrary, neither party to this Unit Agreement shall be liable to the other party for specialany consequential, indirect indirect, special or consequential incidental damages under any provision of this Agreement or for any specialconsequential, indirect indirect, punitive, special or consequential incidental damages arising out of any act or failure to act hereunderhereunder even if that party has been advised of or has foreseen the possibility of such damages.
Appears in 4 contracts
Sources: Unit Agency Agreement (Chanticleer Holdings, Inc.), Unit Agency Agreement (TrovaGene Inc.), Unit Agency Agreement (Synergy Pharmaceuticals, Inc.)
Consequential Damages. Neither Notwithstanding any other provision of the Agreement, neither party to this Agreement shall be liable to the other party for special, indirect or any consequential damages under any provision incurred due to the fault of the other party, regardless of the nature of this Agreement fault or for any specialwhether it was committed by the Client or the Consultant, indirect their employees, agents, subconsultants or consequential subcontractors. Consequential damages arising out include, but are not limited to, loss of any act or failure to act hereunderuse and loss of profit.
Appears in 4 contracts
Sources: Letter of Agreement for Professional Surveying Services, Letter of Agreement for Professional Engineering Services, Letter of Agreement for Professional Survey and Design Services
Consequential Damages. Neither No party to this Agreement shall be liable to the other party parties for specialconsequential, indirect or consequential special damages under any provision of this Agreement or for any specialconsequential, indirect or consequential special damages arising out of any act or failure to act hereunder.
Appears in 4 contracts
Sources: Sub Transfer Agency and Service Agreement (Virtus Institutional Trust), Sub Transfer Agency and Service Agreement (Virtus Equity Trust), Sub Transfer Agency and Service Agreement (Virtus Equity Trust)
Consequential Damages. 14.01. Neither party to this Agreement shall be liable to the other party for special, indirect or consequential damages under any provision of this Agreement or for any special, indirect or consequential damages arising out of any act or failure to act hereunder.
Appears in 4 contracts
Sources: Transfer Agency and Service Agreement (Virtus Investment Trust), Transfer Agency and Service Agreement (Virtus Investment Trust), Transfer Agency and Service Agreement (Allianz Funds)
Consequential Damages. Neither party to this Agreement shall be liable to the other party for specialany consequential, indirect indirect, special or consequential incidental damages under any provision of this Agreement or for any specialconsequential, indirect indirect, penal, special or consequential incidental damages arising out of any act or failure to act hereunderhereunder even if that party has been advised of or has foreseen the possibility of such damages.
Appears in 3 contracts
Sources: Subscription and Information Agent Agreement (Zoom Telephonics, Inc.), Subscription and Information Agent Agreement (Zoom Telephonics, Inc.), Exchange Agent Agreement (Obsidian Enterprises Inc)
Consequential Damages. Neither party to this Agreement shall be liable to the other party for special, indirect or consequential damages under any provision of this Agreement or for any special, indirect or consequential damages arising out of any act or failure to act hereunderhereundcr.
Appears in 3 contracts
Sources: Transfer Agency Agreement, Transfer Agency and Service Agreement (Morgan Stanley Global Long/Short Fund A), Transfer Agency and Service Agreement (Morgan Stanley Global Long/Short Fund P)
Consequential Damages. Neither Notwithstanding anything to the contrary in this Agreement, neither party to this Agreement shall be liable to the other party for special, indirect incidental or consequential damages, including damages under any provision of associated with lost profits, arising from for related to this Agreement or for any special, indirect or consequential damages arising out of any act or failure to act hereunderAgreement.
Appears in 3 contracts
Sources: Wafer Supply Agreement, Wafer Supply Agreement (Rf Micro Devices Inc), Wafer Supply Agreement (Rf Micro Devices Inc)
Consequential Damages. Neither party to this Agreement shall be liable to the other party for special, indirect or consequential damages under any provision of this Agreement or for any special, indirect or consequential damages arising out of any act or failure to act hereunderhere under.
Appears in 3 contracts
Sources: Transfer Agency and Service Agreement (Highland Global Allocation Fund), Transfer Agency and Service Agreement (Highland Global Allocation Fund Ii), Transfer Agency and Service Agreement (Highland Floating Rate Opportunities Fund Ii)
Consequential Damages. Neither No party to this Agreement shall be liable to the other another party for special, indirect or consequential damages under any provision of this Agreement or for any special, indirect or consequential damages arising out of any act or failure to act hereunder.
Appears in 3 contracts
Sources: Trust Fund/Serv and Networking Agreement (GMO Series Trust), Transfer Agency and Service Agreement (Allstate Financial Investment Trust), Transfer Agency and Service Agreement (Allstate Financial Investment Trust)
Consequential Damages. Neither Notwithstanding any other provision of the Agreement, neither party to this Agreement shall be liable to the other party for special, indirect or any consequential damages under any provision incurred due to the fault of the other party, regardless of the nature of this Agreement fault or for any specialwhether it was committed by the OWNER or the CONSULTANT, indirect their employees, agents, subconsultants, or consequential subcontractors. Consequential damages arising out include, but are not limited to, loss of any act or failure to act hereunderuse and loss of profit.
Appears in 3 contracts
Sources: Consulting Services Agreement, Consulting Services Agreement, Consulting Services Agreement
Consequential Damages. Neither party to this Agreement shall be liable to the other party for specialany consequential, indirect indirect, special or consequential incidental damages under any provision provisions of this Agreement or for any specialconsequential, indirect indirect, penal, special or consequential incidental damages arising out of any act or failure to act hereunder.hereunder even if that party has been advised of or has foreseen the possibility of such damages. [Signature Page Follows]
Appears in 3 contracts
Sources: Common Stock Warrant Agreement (Kingsway Financial Services Inc), Common Stock Warrant Agreement (Kingsway Financial Services Inc), Common Stock Warrant Agreement (Kingsway Financial Services Inc)
Consequential Damages. Neither Notwithstanding anything in this Warrant Agreement to the contrary, neither party to this Warrant Agreement shall be liable to the other party for specialany consequential, indirect indirect, special or consequential incidental damages under any provision of this Agreement or for any specialconsequential, indirect indirect, punitive, special or consequential incidental damages arising out of any act or failure to act hereunderhereunder even if that party has been advised of or has foreseen the possibility of such damages. [Signature Page Follows.]
Appears in 3 contracts
Sources: Warrant Agent Agreement (Cytori Therapeutics, Inc.), Warrant Agreement, Warrant Agent Agreement (Cytori Therapeutics, Inc.)
Consequential Damages. Neither party to this Agreement shall be liable to the other party for special, indirect or consequential damages under any provision of this Agreement or for any specialincidental, punitive, consequential, special or indirect damages, including without limitation, loss of profits or consequential damages arising out goodwill, regardless of any act or failure to act hereunderwhether either party has been advised of the possibility of such damages.
Appears in 3 contracts
Sources: Sales Agency Agreement (Martin Midstream Partners Lp), Sales Agency Agreement (Martin Midstream Partners Lp), Sales Agency Agreement (Martin Midstream Partners Lp)
Consequential Damages. 15.1 Neither party to this Agreement shall be liable to the other party for special, indirect or consequential damages under any provision of this Agreement or for any special, indirect or consequential damages arising out of any act or failure to act hereunder.
Appears in 3 contracts
Sources: Transfer Agency and Service Agreement (Guinness Flight Investment Funds), Assignment and Assumption (Guinness Flight Investment Funds Inc), Transfer Agency and Service Agreement (Msd&t Funds Inc)
Consequential Damages. Neither party to this Agreement shall be liable to the other party for any consequential, indirect, special, indirect punitive or consequential incidental damages under any provision provisions of this Agreement or for any consequential, indirect, penal, special, indirect punitive or consequential incidential damages arising out of any act or failure to act hereunderhereunder even if that party has been advised of or has foreseen the possibility of such damages.
Appears in 2 contracts
Sources: Subscription Agent Agreement (Entech Solar, Inc.), Subscription Agent Agreement (Entech Solar, Inc.)
Consequential Damages. 15.01 Neither party to this Agreement shall be liable to the other party for special, indirect or consequential damages under arising out of any provision of this Agreement or for any special, indirect or consequential damages arising out of any act or failure to act hereunder.
Appears in 2 contracts
Sources: Transfer Agency and Service Agreement (Seneca Funds), Transfer Agency and Service Agreement (Seneca Funds)
Consequential Damages. Neither Notwithstanding anything to the contrary herein, neither party to this Agreement shall be liable to the other party for specialany consequential, indirect indirect, punitive, special or consequential incidental damages under any provision provisions of this Agreement or for any specialconsequential, indirect indirect, punitive, special or consequential incidental damages arising out of any act or failure to act hereunderhereunder even if that party has been advised of or has foreseen the possibility of such damages.β
Appears in 2 contracts
Sources: Warrant Assignment, Assumption and Amendment Agreement (REZOLVE GROUP LTD), Warrant Assignment, Assumption and Amendment Agreement (REZOLVE GROUP LTD)
Consequential Damages. Neither party to this Agreement shall be liable to ---------------------- the other party for special, indirect or consequential damages under any provision of this Agreement or for any special, indirect or consequential damages arising out of any act or failure to act hereunder.
Appears in 2 contracts
Sources: Administrative and Shareholder Services Agreement (Citizens Funds), Administrative and Shareholder Services Agreement (Citizens Funds)
Consequential Damages. Neither party to this Agreement shall Party will be liable to the other party for special, indirect or consequential damages under any provision of this Agreement or for any special, indirect or consequential damages, even if such party has been advised of the possibility of such damages arising out (except for liability directly resulting from a breach of any act the confidentiality or failure to act hereundersecurity obligations of this agreement).
Appears in 2 contracts
Sources: Internet Fulfillment Services Agreement (Nutripure Com), Internet Fulfillment Services Agreement (Nutripure Com)
Consequential Damages. Neither party to this Agreement shall be liable to the other party part for special, indirect or consequential damages under any provision of this Agreement or for any special, indirect or consequential damages arising out of any act or failure to act hereunder.
Appears in 2 contracts
Sources: Transfer Agency and Service Agreement (Wells Fargo Variable Trust), Transfer Agency and Service Agreement (Wells Fargo Funds Trust)
Consequential Damages. Neither party With regard to any alleged breaches of this Agreement and any indemnification obligations herein, neither party shall be liable to the other party for specialincidental, indirect consequential, or consequential special damages under any provision of this Agreement or for any special, indirect or consequential damages arising out of any act or failure kind whatsoever, even if the party alleged to act hereunderbe at fault has been made aware of the possible occurrence of such damages.
Appears in 2 contracts
Sources: Contract Manufacturing Agreement, Contract Manufacturing Agreement (Noven Pharmaceuticals Inc)
Consequential Damages. Neither Except with respect to indemnification for third party claims expressly provided for herein, neither party to this Agreement shall be liable to the other party for specialany consequential, indirect indirect, punitive, special or consequential incidental damages under any provision provisions of this Agreement or for any specialconsequential, indirect indirect, penal, special or consequential incidental damages arising out of any act or failure to act hereunderhereunder even if that party has been advised of or has foreseen the possibility of such damages.
Appears in 2 contracts
Sources: Warrant Agent Agreement (Cel Sci Corp), Warrant Agent Agreement (Cel Sci Corp)
Consequential Damages. Neither party to this Agreement Party shall be liable to the other party for special, indirect or consequential damages --------------------- under any provision of this Agreement or for any special, indirect or consequential damages, even if such party has been advised of the possibility of such damages arising out (except for liability directly resulting from a breach of any act the confidentiality or failure to act hereundersecurity obligations of this agreement).
Appears in 2 contracts
Sources: Internet Fulfillment Services Agreement (Healthcentral Com), Pharmacy Services Fulfillment Agreement (Healthcentral Com)
Consequential Damages. Neither party to this Agreement shall be liable to the other party for specialany consequential, indirect indirect, penal, punitive, special or consequential incidental damages under any provision provisions of this Agreement or for any specialconsequential, indirect indirect, penal, punitive, special or consequential incidential damages arising out of any act or failure to act hereunderhereunder even if that party has been advised of or has foreseen the possibility of such damages.
Appears in 1 contract
Consequential Damages. Neither party to this Agreement shall be liable to the other party for specialany consequential, indirect indirect, punitive, special or consequential incidental damages (including but not limited to lost profits) under any provision provisions of this Agreement Agreement, or for any special, indirect or consequential damages arising out of any act or failure to act hereunder, even if that party has been advised of or has foreseen the possibility of such damages.
Appears in 1 contract
Sources: Warrant Agreement (Solar3d, Inc.)
Consequential Damages. Neither party to this Agreement Party shall be liable to the other party for special, indirect or consequential damages under any provision of this Agreement or for any specialindirect, indirect incidental, special or consequential damages arising out of any act or failure relating to act hereunderthis Agreement.
Appears in 1 contract
Sources: Portal and Advertising Services Agreement (Synacor, Inc.)
Consequential Damages. Neither party to this Agreement shall be liable to the other party for specialany consequential, indirect indirect, special or consequential incidental damages under any provision provisions of this Agreement or for any specialconsequential, indirect indirect, penal, special or consequential incidental damages arising out of any act or failure to act hereunder.hereunder even if that party has been advised of or has foreseen the possibility of such damages. [Signature Page Follows] 20
Appears in 1 contract
Sources: Common Stock Warrant Agreement
Consequential Damages. Neither party to Notwithstanding anything in this Agreement to the contrary, neither party shall be liable under this Agreement to the other party hereto for any punitive, consequential, special, or indirect losses or consequential damages under any provision of this Agreement or for any special, indirect or consequential damages arising out of any act or failure to act hereunderdamages.
Appears in 1 contract
Sources: Distribution Agreement (Emerging Growth & Dividend Reinvestment Fund)
Consequential Damages. Neither party to this Agreement shall be liable to --------------------- the other party for specialany consequential, indirect indirect, special or consequential incidental damages under any provision provisions of this Agreement or for any specialconsequential, indirect indirect, penal, special or consequential incidental damages arising out of any act or failure to act hereunderhereunder even if that party has been advised of or has foreseen the possibility of such damages.
Appears in 1 contract
Sources: Subscription Agent Agreement (Pacholder High Yield Fund Inc)
Consequential Damages. Neither Notwithstanding anything in this agreement to the contrary, neither party to this Agreement shall be liable to the other party for specialany consequential, indirect indirect, special or consequential incidental damages under any provision provisions of this Agreement or for any specialconsequential, indirect indirect, punitive, special or consequential incidental damages arising out of any act or failure to act hereunder.hereunder even if that party has been advised of or has foreseen the possibility of such damages
Appears in 1 contract
Consequential Damages. Neither party to this Agreement shall be liable to the other party for special, consequential special or indirect or consequential damages under any provision of this Agreement or for any special, indirect or consequential damages arising out of any act or failure to act hereunder.
Appears in 1 contract
Sources: Sub Transfer Agency and Service Agreement (American Skandia Advisor Funds Inc)
Consequential Damages. Neither party to this Agreement shall be liable to --------------------- the other party for specialany consequential, indirect indirect, special or consequential incidental damages under any provision provisions of this Agreement or for any specialconsequential, indirect indirect, special or consequential incidental damages arising out of any act or failure to act hereunderhereunder even if that party has been advised of or has foreseen the possibility of such damages.
Appears in 1 contract
Consequential Damages. Neither party to this Agreement shall be liable to the other party for specialany consequential, indirect indirect, special or consequential incidental damages under any provision provisions of this Agreement or for any specialconsequential, indirect indirect, punitive, special or consequential incidental damages arising out of any act or failure to act hereunderhereunder even if that party has been advised of or has foreseen the possibility of such damages. For the avoidance of doubt, nothing in this Section 8.4.5, affects the rights of the registered holders of the Warrants.
Appears in 1 contract
Consequential Damages. Neither party to this Agreement shall be liable to the other party for any consequential, indirect, special, indirect or consequential incidental damages under any provision provisions of this Agreement or for any consequential, indirect, penal, special, indirect or consequential incidental damages arising out of any act or failure to act hereunderhereunder even if that party has been advised of or has foreseen the possibility of such damages.
Appears in 1 contract
Sources: Subscription Agent Agreement (Dividend & Income Fund, Inc.)
Consequential Damages. Neither Notwithstanding anything to the contrary herein, neither party to this Agreement shall be liable to the other party for specialany consequential, indirect indirect, punitive, special or consequential incidental damages under any provision provisions of this Agreement or for any specialconsequential, indirect indirect, punitive, special or consequential incidental damages arising out of any act or failure to act hereunderhereunder even if that party has been advised of or has foreseen the possibility of such damages.
Appears in 1 contract
Consequential Damages. Neither party to this Agreement shall be liable to the other party for specialany consequential, indirect indirect, special or consequential incidental damages under any provision provisions of this Agreement or for any specialconsequential, indirect indirect, punitive, special or consequential incidental damages arising out of any act or failure to act hereunderhereunder even if that party has been advised of or has foreseen the possibility of such damages. This section 7.
Appears in 1 contract
Sources: Warrant Agreement
Consequential Damages. Neither party to this Agreement shall be liable to the other party for special, indirect or consequential damages under any provision of this Agreement or for any special, indirect or consequential damages arising out of any act or failure to act hereunder.. 107
Appears in 1 contract
Sources: Transfer Agency and Service Agreement (Treasurers Fund Inc /Md/)
Consequential Damages. Neither party to this Agreement shall be liable to the other party for special, indirect or consequential damages under any provision of this Agreement or for any special, indirect consequential damages under any provision of this Agreement or for any consequential damages arising out of any act or failure to act hereunder.
Appears in 1 contract
Sources: Transfer Agency and Service Agreement (Americas Utility Fund Inc)
Consequential Damages. Neither party to this Agreement shall be liable to the other party for special, indirect or consequential damages under any provision of this Agreement or for any special, indirect indirect, incidental, consequential or consequential punitive damages arising out resulting from a breach of any act or failure to act hereunderthis Restated Agreement.
Appears in 1 contract
Sources: Distribution Agreement (Rochester Medical Corporation)
Consequential Damages. Neither party to this Agreement shall be liable to the other party for special, indirect or consequential damages under any provision of this OF THIS Agreement or for any special, indirect or consequential damages arising out of any act or failure to act hereunder.
Appears in 1 contract
Sources: Transfer Agency and Service Agreement (Comstock Funds Inc)
Consequential Damages. Neither Notwithstanding anything in this Agreement to the contrary, neither party to this Agreement shall be liable to the other party for specialany consequential, indirect indirect, special or consequential incidental damages under any provision of this Agreement or for any specialconsequential, indirect indirect, punitive, special or consequential incidental damages arising out of any act or failure to act hereunderhereunder even if that party has been advised of or has foreseen the possibility of such damages.
Appears in 1 contract
Sources: Exchange Agent Agreement (Visual Network Design, Inc.)
Consequential Damages. Neither party to this Agreement shall be liable to the other party for specialany consequential, indirect indirect, special or consequential damages incidental dames under any provision of this Agreement or for any specialconsequential, indirect indirect, penal, special or consequential incidental damages arising out of any act or failure to act hereunderhereunder even if that party has been advised of or has foreseen the possibility of such damages.
Appears in 1 contract
Sources: Warrant Agreement (Healthsouth Corp)
Consequential Damages. Neither party to this Agreement shall be liable to the other party for special, indirect indirect, consequential nor exemplary damages resulting from or consequential damages under any provision of this Agreement or for any special, indirect or consequential damages arising out of any act this Agreement, including, without limitation, loss of profit or failure to act hereunderbusiness interruptions, however same may be caused.
Appears in 1 contract
Consequential Damages. Neither party to this Agreement shall be liable have any liability to the other party under this Agreement for consequential, exemplary, special, indirect incidental or consequential damages under any provision of this Agreement or for any special, indirect or consequential damages arising out of any act or failure to act hereunderpunitive damages.
Appears in 1 contract
Consequential Damages. Neither party to this Agreement shall be liable to the other party for special, indirect or consequential damages under any provision of this Agreement or for any special, indirect or consequential damages arising out of any act or failure to act hereunder.
Appears in 1 contract
Sources: Transfer Agency and Service Agreement (Highmark Funds /Ma/)
Consequential Damages. Neither party to this Agreement shall will be liable to the other party for specialany consequential, indirect indirect, special or consequential incidental damages under any provision of this Agreement or for any specialconsequential, indirect indirect, penal, special or consequential incidental damages arising out of any act or failure to act hereunderhereunder even if that party has been advised of or has foreseen the possibility of such damages.
Appears in 1 contract
Consequential Damages. Neither party to this Agreement shall be liable to the other party to this Agreement for special, indirect or consequential damages under any provision of this Agreement or for any special, indirect or consequential damages arising out of any act or failure to act hereunder.
Appears in 1 contract
Sources: Transfer Agency and Service Agreement (Credit Suisse Commodity Return Strategy Fund)
Consequential Damages. Neither party to this Warrant Agreement shall be liable to the other party for specialany consequential, indirect indirect, special or consequential incidental damages (including lost profits) under any provision provisions of this Warrant Agreement or for any specialconsequential, indirect indirect, punitive, special or consequential incidental damages arising out of any act or failure to act hereunderhereunder even if that party has been advised of or has foreseen the possibility of such damages.
Appears in 1 contract
Sources: Warrant Agreement (Mawson Infrastructure Group Inc.)
Consequential Damages. Neither party to this Agreement shall be liable for consequential damages to the other party for special, indirect or consequential damages under any provision of except as expressly provided in this Agreement or for any special, indirect or consequential damages arising out of any act or failure to act hereunderAgreement.
Appears in 1 contract
Consequential Damages. Neither party to this Agreement shall be liable to the other party or any third party for special, indirect or consequential damages under any provision of in connection with this Agreement or for any special, indirect or consequential damages arising out of any act or failure to act hereunder.
Appears in 1 contract
Sources: Transfer Agency and Service Agreement (Fresco Index Shares Funds)
Consequential Damages. Except with respect to indemnification for third party claims, Neither party to this Agreement shall be liable to the other party for specialany consequential, indirect indirect, penal, special or consequential incidental damages under any provision provisions of this Agreement or for any specialconsequential, indirect indirect, penal, special or consequential incidental damages arising out of any act or failure to act hereunderhereunder even if that party has been advised of or has foreseen the possibility of such damages.
Appears in 1 contract
Consequential Damages. Neither No party to this Warrant Agreement shall be liable to the other party for any consequential, indirect, special, indirect or consequential incidental damages under any provision provisions of this Warrant Agreement or for any specialconsequential, indirect indirect, penal, special or consequential incidental damages arising out of any act or failure to act hereunderhereunder even if that party has been advised of or has foreseen the possibility of such damages.
Appears in 1 contract
Consequential Damages. Neither party to this Agreement shall be liable to the other party for special, indirect or consequential damages under any provision of this Agreement resulting from or for any special, indirect or consequential damages arising out of any act this Agreement, including, without limitation, loss of profit or failure to act hereunderbusiness interruptions, however same may be caused.
Appears in 1 contract
Sources: Workover and Completion Services Agreement (Zion Oil & Gas Inc)
Consequential Damages. Neither party to this Agreement shall be liable to the other party for specialany consequential, indirect indirect, punitive, special or consequential incidental damages under any provision provisions of this Agreement or for any specialconsequential, indirect indirect, punitive, special or consequential incidental damages arising out of any act or failure to act hereunderhereunder even if that party has been advised of or has foreseen the possibility of such damages. For the avoidance of doubt, nothing in this Section 8.4.14 affects the rights of the Registered Holders.β
Appears in 1 contract
Sources: Assignment, Assumption and Amendment Agreement (Niocorp Developments LTD)
Consequential Damages. Neither party to this Agreement shall be liable to the other party for specialany consequential, indirect indirect, punitive, special or consequential incidental damages under any provision provisions of this Agreement or for any specialconsequential, indirect indirect, punitive, special or consequential incidental loss or damages of any kind whatsoever (including, without limitation, lost profits) arising out of any act or failure to act hereunder.hereunder even if that party has been advised of or has foreseen the possibility of such damages. [Signature Page Follows]
Appears in 1 contract
Sources: Common Stock Series B Warrant Agreement (Kingsway Financial Services Inc)
Consequential Damages. Neither party to this Agreement shall be liable to the other party for special, indirect indirect, incidental, exemplary, punitive or consequential damages (including without limitation, loss of profits) under any provision of this Agreement or for any special, indirect indirect, incidental, exemplary, punitive or consequential damages (including without limitation, loss of profits) arising out of any act or failure to act hereunder.
Appears in 1 contract
Sources: Service Agreement (Blackstone Alternative Investment Funds)
Consequential Damages. Neither Notwithstanding anything to the contrary in --------------------- this Agreement, in no event shall either party be liable for any consequential damages, whether foreseeable or not, occasioned by any failure to perform or the breach of any representations, warranties, covenants or obligations of any type under this Agreement shall be liable to the other party for special, indirect or consequential damages under any provision of this Agreement or for any special, indirect or consequential damages arising out of any act or failure to act hereundercause whatsoever.
Appears in 1 contract
Sources: Asset Purchase Agreement (Dataware Technologies Inc)
Consequential Damages. Neither Except with respect to indemnification for third party claims, neither party to this Agreement shall be liable to the other party for specialany consequential, indirect indirect, penal, special or consequential incidental damages under any provision provisions of this Agreement or for any specialconsequential, indirect indirect, penal, special or consequential incidental damages arising out of any act or failure to act hereunderhereunder even if that party has been advised of or has foreseen the possibility of such damages.
Appears in 1 contract
Consequential Damages. Neither party to this Agreement shall be liable to the other party for special, indirect or consequential damages under any provision of this Agreement or for any special, indirect or consequential damages arising out of any act or failure to act hereunderbreach of this Agreement.
Appears in 1 contract
Sources: Distributorship Agreement (Xstream Beverage Network, Inc.)
Consequential Damages. Neither party to this Agreement shall be liable to the other party for special, indirect or consequential damages under any provision of this Agreement or for any special, indirect indirect, incidental or consequential damages arising out resulting from any breach of any act or failure to act hereunderthis Agreement other than a breach of Section 8.2.
Appears in 1 contract
Sources: Stock Purchase Agreement (Esterline Technologies Corp)
Consequential Damages. Neither Notwithstanding anything in this Agency Agreement to the contrary, neither party to this Agency Agreement shall be liable to the other party for specialany consequential, indirect indirect, special or consequential incidental damages under any provision of this Agency Agreement or for any specialconsequential, indirect indirect, punitive, special or consequential incidental damages arising out of any act or failure to act hereunderhereunder even if that party has been advised of or has foreseen the possibility of such damages.
Appears in 1 contract
Sources: Warrant Agency Agreement (Provectus Biopharmaceuticals, Inc.)
Consequential Damages. Neither Notwithstanding any other provision contained herein to the contrary, neither party to this Agreement shall be liable to the other opposite party for special, indirect or any consequential damages under any provision occasioned by a breach of this Agreement or for any special, indirect or consequential damages arising out of any act or failure to act hereunderAgreement.
Appears in 1 contract
Sources: Consulting Services Agreement
Consequential Damages. Neither Notwithstanding any other provision of this Agreement, neither party to this Agreement shall be liable to the other party for special, indirect or consequential damages under any provision of this Agreement or for any specialincidental, indirect or consequential damages arising out of or connected in any act way to the Project or failure to act hereunderthis Agreement.
Appears in 1 contract
Sources: Professional Services
Consequential Damages. Neither party to this Agreement shall be liable to the other party for special, indirect or consequential damages under any provision of this Agreement or for any special, indirect or consequential damages arising out of any act or failure to act hereunder. 18 21.
Appears in 1 contract
Sources: Transfer Agency and Service Agreement (American Aadvantage Funds)