Consequential Damages. Under no circumstances will any party to this Agreement be liable to any person, including without limitation any other party to this Agreement, for any special, indirect or consequential loss or damages resulting from any act or failure to act in accordance with the provision of this Agreement, even if such party had been advised of the possibility of such loss or damages.
Appears in 99 contracts
Sources: Fund of Funds Investment Agreement (Diamond Hill Funds), Fund of Funds Investment Agreement (Diamond Hill Funds), Fund of Funds Investment Agreement (Augustar Variable Insurance Products Fund Inc)
Consequential Damages. Under In no event and under no circumstances will any shall either party to this Agreement be liable to any personanyone, including including, without limitation any limitation, the other party to this Agreementparty, for any special, indirect or consequential loss or damages resulting from for any act or failure to act in accordance with the under any provision of this Agreement, even if such party had been advised of the possibility of such loss or damages.
Appears in 98 contracts
Sources: Etf Distribution Agreement (Northern Lights Fund Trust), Etf Distribution Agreement (Rayliant Funds Trust), Etf Distribution Agreement (Two Roads Shared Trust)
Consequential Damages. Under In no event and under no circumstances will any either party to this Agreement be liable to any personanyone, including including, without limitation any limitation, the other party to this Agreementparty, for any special, indirect or consequential loss or damages resulting from for any act or failure to act in accordance with the under any provision of this Agreement, even if such party had been advised of the possibility of such loss or damages.
Appears in 52 contracts
Sources: Dealer Manager Agreement (EQT Private Equity Co LLC), Dealer Manager Agreement (EQT Infrastructure Co LLC), Dealer Manager Agreement (EQT Private Equity Co LLC)
Consequential Damages. Under 11.1 In no event and under no circumstances will any shall either party to this Agreement be liable to any personthe other party for consequential or indirect loss of profits, including without limitation reputation or business or any other party to special damages under any provision of this Agreement, Agreement or for any special, indirect or consequential loss or damages resulting from any act or failure to act in accordance with the provision of this Agreement, even if such party had been advised of the possibility of such loss or damageshereunder.
Appears in 30 contracts
Sources: Sub Transfer Agency and Services Agreement (Nations Institutional Reserves), Sub Transfer Agency and Services Agreement (Nations Lifegoal Funds Inc), Sub Transfer Agency and Services Agreement (Nations Funds Trust)
Consequential Damages. Under In no event and under no circumstances will any shall either party to under this Agreement be liable to any personthe other party for consequential or indirect loss of profits, including without limitation reputation or business or any other party to special damages under any provision of this Agreement, Agreement or for any special, indirect or consequential loss or damages resulting from any act or failure to act in accordance with the provision of this Agreement, even if such party had been advised of the possibility of such loss or damageshereunder.
Appears in 25 contracts
Sources: Transfer Agency and Registrar Agreement (Nations Fund Inc), Transfer Agency and Registrar Agreement (St Clair Funds Inc), Transfer Agency and Registrar Agreement (Preferred Income Fund Inc)
Consequential Damages. Under no circumstances will any No party to this Agreement shall be liable to any person, including without limitation any other party to this Agreement, for any specialconsequential, indirect indirect, penal, special or consequential loss incidental damages under any provisions of this Agreement or for any consequential, indirect, penal, special or incidental damages resulting from arising out of any act or failure to act in accordance with the provision of this Agreement, hereunder even if such that party had has been advised of or has foreseen the possibility of such loss or damages.
Appears in 18 contracts
Sources: Subscription Agent Agreement (Sound Point Meridian Capital, Inc.), Subscription Agent Agreement (Eagle Point Income Co Inc.), Subscription Agent Agreement (Goldman Sachs BDC, Inc.)
Consequential Damages. Under In no event and under no circumstances will any shall either party to under this Agreement be liable to any personthe other party for indirect loss of profits, including without limitation reputation or business or any other party to special damages under any provision of this Agreement, Agreement or for any special, indirect or consequential loss or damages resulting from any act or failure to act in accordance with the provision of this Agreement, even if such party had been advised of the possibility of such loss or damageshereunder.
Appears in 12 contracts
Sources: Transfer Agency and Registrar Agreement (Smith Barney Travelers Series Fund Inc), Transfer Agency and Registrar Agreement (Smith Barney World Funds Inc), Transfer Agency and Registrar Agreement (Inefficient Market Fund Inc)
Consequential Damages. Under In no event and under no circumstances will shall any party to this Agreement be liable to any personanyone, including including, without limitation any limitation, the other party to this Agreementparties, for any special, indirect or consequential loss or damages resulting from for any act or failure to act in accordance with the under any provision of this Agreement, even if such party had been advised of the possibility of such loss or damages.
Appears in 9 contracts
Sources: Etf Distribution Agreement (Arrow ETF Trust), Etf Distribution Agreement (Arrow Investments Trust), Etf Distribution Agreement (Arrow Investments Trust)
Consequential Damages. Under In no event and under no circumstances will shall any party to under this Agreement be liable to any personanother party for consequential or indirect loss of profits, including without limitation reputation or business or any other party to special damages under any provision of this Agreement, Agreement or for any special, indirect or consequential loss or damages resulting from any act or failure to act in accordance with the provision of this Agreement, even if such party had been advised of the possibility of such loss or damageshereunder.
Appears in 6 contracts
Sources: Transfer Agency and Registrar Agreement (Munder Framlington Funds Trust), Combined Transfer Agency and Registrar Agreement (Munder at Vantage Fund), Transfer Agency and Registrar Agreement (Munder Series Trust)
Consequential Damages. Under 14.1 In no event and under no circumstances will any shall either party to this Agreement be liable to any personthe other party for consequential or indirect loss of profits, including without limitation reputation or business or any other party to special damages under any provision of this Agreement, Agreement or for any special, indirect or consequential loss or damages resulting from any act or failure to act in accordance with the provision of this Agreement, even if such party had been advised of the possibility of such loss or damageshereunder.
Appears in 4 contracts
Sources: Transfer Agency and Services Agreement (Northstar Advantage Trust), Transfer Agency Agreement (Northstar Advantage Government Securities Fund), Transfer Agency and Services Agreement (Northstar Equity Trust)
Consequential Damages. Under In no event and under no circumstances will any shall either party to this Agreement be liable to any personanyone, including including, without limitation any limitation, the other party to this Agreementparty, for any specialconsequential, special or indirect or consequential loss or damages resulting from (including, without limitation, lost profits, diminution in business reputation) for any act or failure to act in accordance with the under any provision of this Agreement, even if such party had been advised of the possibility of such loss or damages.
Appears in 4 contracts
Sources: Distribution Agreement (Community Reinvestment Act Qualified Investment Fund), Distribution Agreement (Community Reinvestment Act Qualified Investment Fund), Distribution Agreement (Forward Funds)
Consequential Damages. Under In no event and under no circumstances will any either party to this Agreement be liable to any personanyone, including including, without limitation any limitation, the other party to this Agreementparty, for any special, indirect or consequential loss or damages resulting from for any act or failure to act in accordance with the under any provision of this Agreement, even if such party had been advised of the possibility of such loss or damagesadvanced notice thereof.
Appears in 4 contracts
Sources: Distribution Agreement (ActiveShares ETF Trust), Distribution Agreement (Legg Mason ETF Investment Trust), Distribution Agreement (ActiveShares ETF Trust)
Consequential Damages. Under no circumstances will any No party to this Agreement Agreement, nor any agent or attorney for any of them, shall be liable to any person, including without limitation any other party to this Agreement, Agreement for any special, indirect incidental, consequential or consequential loss or punitive damages resulting arising from any act breach of contract, tort or failure other wrong relating to act in accordance with the provision of this Agreementestablishment, even if such party had been advised administration or collection of the possibility of such loss or damagesObligations.
Appears in 3 contracts
Sources: Credit Agreement (Ramaco Resources, Inc.), Credit and Security Agreement (Ramaco Resources, Inc.), Credit and Security Agreement (Ramaco Resources, Inc.)
Consequential Damages. Under no circumstances will any party to Anything in this Agreement to the contrary notwithstanding, in no event shall any of the parties hereto be liable to under or in connection with this Agreement for indirect, special, incidental, punitive or consequential losses or damages of any personkind whatsoever, including without limitation any other party but not limited to this Agreementlost profits, for any special, indirect whether or consequential loss or damages resulting from any act or failure to act in accordance with the provision of this Agreementnot foreseeable, even if such party had has been advised of the possibility thereof and regardless of the form of action in which such loss or damagesdamages are sought.
Appears in 3 contracts
Sources: Security Deposit Agreement, Security Deposit Agreement (Cheniere Energy Inc), Security Deposit Agreement (Cheniere Energy Inc)
Consequential Damages. Under Anything in this Agreement to the contrary notwithstanding, in no circumstances will event shall any party to be liable under or in connection with this Agreement be liable to for indirect, special, incidental, punitive or consequential losses or damages of any personkind whatsoever, including without limitation any other party but not limited to this Agreementlost profits, for any special, indirect whether or consequential loss or damages resulting from any act or failure to act in accordance with the provision of this Agreementnot foreseeable, even if such party had has been advised of the possibility thereof and regardless of the form and action in what such loss or damagesdamages are sought.
Appears in 2 contracts
Sources: Equity Commitment Agreement (Dynegy Holdings Inc), Equity Commitment Agreement (Dynegy Holdings Inc)
Consequential Damages. Under In no event and under no circumstances will any either party to this Agreement be liable to any personanyone, including including, without limitation any limitation, the other party to this Agreementparty, for any special, indirect indirect, punitive or consequential loss or damages resulting from for any act or failure to act in accordance with the under any provision of this Agreement, even if such party had been advised of the possibility of such loss or damages.
Appears in 2 contracts
Sources: Distribution Agreement (Schroder Global Series Trust), Distribution Agreement (Schroder Series Trust)
Consequential Damages. Under In no event and under no circumstances will any either party to this Agreement be liable to any personanyone, including including, without limitation any limitation, the other party to this Agreementparty, for any special, indirect or consequential loss or damages resulting from for any act or failure to act in accordance with the under any provision of this Agreement, even if such party had been advised of the possibility of such loss or damages.. SEI 145439v4
Appears in 1 contract
Consequential Damages. Under In no event and under no circumstances will any either party to this Agreement be liable to any personanyone, including including, without limitation any limitation, the other party to this Agreementparty, for any special, consequential or indirect or consequential loss or damages resulting from for any act or failure to act in accordance with the under any provision of this Agreement, even if such party had been advised of the possibility of such loss or damages.
Appears in 1 contract
Sources: Distribution Agreement (Huntington Strategy Shares)
Consequential Damages. Under Notwithstanding anything herein to the contrary, no circumstances will any party to this Agreement shall be liable to any person, including without limitation any the other party to this Agreement, parties for any specialconsequential, indirect indirect, special or consequential loss incidental damages under any provision of this Agreement or for any consequential, indirect, special or incidental damages resulting from arising out of any act or failure to act in accordance with the provision of this Agreement, hereunder even if such that party had has been advised of or has foreseen the possibility of such loss or damages.
Appears in 1 contract
Sources: Deposit and Distribution Agreement (Time Warner Inc.)
Consequential Damages. Under In no event and under no circumstances will any party shall either Party to this Agreement be liable to any personanyone, including including, without limitation any limitation, the other party to this AgreementParty, for any special, indirect or consequential loss or damages resulting from for any act or failure to act in accordance with the under any provision of this Agreement, even if such party had been advised of the possibility of such loss or damages.
Appears in 1 contract
Sources: Distribution Agreement (Barclays Foundry Investment Trust)
Consequential Damages. Under In no circumstances will event shall any party of the parties to this Agreement be liable or responsible to any person, including without limitation any other party to this Agreement, hereto for any specialincidental, indirect or consequential loss or damages resulting from any act or failure to act in accordance with the provision of this Agreement, even if such party had been advised of the possibility of such loss or damages.
Appears in 1 contract
Sources: Partnership Agreement
Consequential Damages. Under In no event and under no circumstances will any party to this Agreement be liable to any person, including without limitation any other party to this AgreementAgreement or any third-party beneficiary, for any special, indirect or consequential loss or damages resulting from any act or failure to act in accordance with the provision of this Agreement, even if such party had been advised of the possibility of such loss or damages.
Appears in 1 contract
Sources: Fund of Funds Investment Agreement (Augustar Variable Insurance Products Fund Inc)
Consequential Damages. Under In no event and under no circumstances will any either party to this Agreement be liable to any personanyone, including including, without limitation any limitation, the other party to this Agreementparty, for any special, indirect or consequential loss or damages resulting from for any act or failure to act in accordance with the under any provision of this Agreement, even if such party had been advised of the possibility of such loss or damages.. SEI β 147992v2
Appears in 1 contract
Consequential Damages. Under In no event and under no circumstances will shall any party to this Agreement be liable to any personanyone, including including, without limitation any other party limitation, to this Agreementanother party, for any special, indirect or consequential loss or damages resulting from for any act or failure to act in accordance with the under any provision of this Agreement, Agreement even if such party had been advised of the possibility of such loss or damagesthereof.
Appears in 1 contract
Sources: Shareholder Service Agreement (Domini Social Investment Trust)
Consequential Damages. Under In no event and under no circumstances will any shall either party to this Agreement be liable to any personanyone, including without limitation any limitation, the other party to this Agreementparty, for any special, indirect or consequential loss or damages resulting from for any act or failure to act in accordance with the under any provision of this Agreement, even if such party had been advised of the possibility of such loss or damages.
Appears in 1 contract
Consequential Damages. Under In no circumstances event will any party to this Agreement such agreement be liable to any personfor incidental damages, including without limitation lost profits, income tax consequences, lost savings or any other party to this Agreement, for any special, indirect or consequential loss or damages resulting from any act or failure to act in accordance with the provision of this Agreementdamages, even if such party had has been advised of the possibility of such loss damages, or for punitive damages, resulting from the breach of any obligation under such agreement.
Appears in 1 contract
Sources: Administrative Agency Agreement
Consequential Damages. Under In no event and under no circumstances will any shall either party to this Agreement be liable to any personanyone, including including, without limitation any limitation, the other party to this Agreementparty, for any specialconsequential, indirect special or consequential loss or punitive damages resulting from for any act or failure to act in accordance with the under any provision of this Agreement, even if such party had been advised of the possibility of such loss or damages.
Appears in 1 contract
Consequential Damages. Under no circumstances will any party to this Agreement be liable to any person, including without limitation any other party to this Agreement, for any special, indirect or consequential loss or damages resulting from any act or failure to act in accordance with the provision of this Agreement, even if such party had been advised of the possibility of such loss or damages.. Information Classification: General
Appears in 1 contract
Sources: Fund of Funds Investment Agreement (Augustar Variable Insurance Products Fund Inc)