Consequential Damages. Neither party shall be liable to the other for loss of profits or revenue; loss of use or opportunity; loss of good will; cost of substitute facilities, goods, or services; cost of capital; or for any special, consequential, indirect, punitive, or exemplary damages.
Appears in 19 contracts
Sources: Professional Services Agreement, License Agreement, Co Sponsorship Agreement
Consequential Damages. Neither party shall be liable to the other for loss of profits or revenue; consequential damages, including, without limitation, loss of use or opportunity; loss of good will; cost profits incurred by one another or their subsidiaries or successors, regardless of substitute facilitieswhether such damages are caused by either party’s breach of contract, goodswillful misconduct, negligent act or omission, or services; cost of capital; or for any special, consequential, indirect, punitive, or exemplary damagesother wrongful act.
Appears in 19 contracts
Sources: Personal Services Agreement, Personal Services Agreement, Personal Services Agreement
Consequential Damages. Neither party shall be liable to the other for loss of profits or revenue; consequential damages, including, without limitation, loss of use or opportunity; loss of good profits, incurred by one another or their subsidiaries or successors, regardless of whether such damages are caused by breach of contract, will; cost of substitute facilities-full misconduct, goodsnegligent act or omission, or services; cost other wrongful act of capital; or for any special, consequential, indirect, punitive, or exemplary damageseither of them.
Appears in 16 contracts
Sources: Independent Contractor Agreement, Construction Contract, Construction Contract
Consequential Damages. Neither party shall be liable to the other for loss of profits incidental, consequential, special, punitive or revenue; indirect damages, including but not limited to loss of use or opportunity; loss of good will; cost of substitute facilities, goods, profit or services; cost of capital; or for any special, consequential, indirect, punitive, or exemplary damagesrevenue.
Appears in 7 contracts
Sources: Solar Lease (Green Stream Holdings Inc.), Solar Lease (Green Stream Holdings Inc.), Solar Lease (Green Stream Holdings Inc.)
Consequential Damages. Neither party Party shall be liable to the other Party for loss of profits or revenue; loss of use or opportunity; loss of good will; cost of substitute facilities, goods, or services; cost of capital; or for any special, consequentialpunitive, indirect, punitiveexemplary or consequential damages, whether such damages are allowed or exemplary damagesprovided by contract, tort (including negligence), strict liability, statute or otherwise.
Appears in 6 contracts
Sources: Tolling Agreement, Tolling Agreement, Tolling Service Agreement
Consequential Damages. Neither party shall be liable to the other in contract, tort, negligence, breach of statutory duty or otherwise for any (direct or indirect) loss of profits profits, of production, of anticipated savings, of business or revenue; loss of use or opportunity; loss of good will; cost of substitute facilities, goods, or services; cost of capital; goodwill or for any specialliability, consequentialdamage, indirect, punitive, costs or exemplary damagesexpense of any kind incurred by the other party of an indirect or consequential nature.
Appears in 5 contracts
Sources: Manufacturing Services and Supply Agreement, Manufacturing Services and Supply Agreement (Jazz Pharmaceuticals Inc), Manufacturing Services and Supply Agreement (Jazz Pharmaceuticals Inc)
Consequential Damages. Neither party shall be liable to the other or any third party for any indirect or consequential loss or damages, however arising, including but not limited to, loss of profits or revenue; income, loss of use profit or opportunity; loss of good will; cost opportunity, provided that such loss is not caused by the negligence or willful misconduct of substitute facilities, goods, or services; cost of capital; or for any special, consequential, indirect, punitive, or exemplary damagessuch party.
Appears in 3 contracts
Sources: Warehousing & Distribution Agreement (Biologix Hair Inc.), Servicing, Warehousing & Distribution Agreement (Redenvelope Inc), Servicing, Warehousing & Distribution Agreement (Redenvelope Inc)
Consequential Damages. Neither party Party shall be liable to to the other Party for loss of profits or revenue; loss of use or opportunity; loss of good will; cost of substitute facilities, goods, or services; cost of capital; or for any special, consequentialpunitive, indirect, punitiveexemplary or consequential damages, whether such damages are allowed or exemplary damagesprovided by contract, tort (including negligence), strict liability, statute or otherwise.
Appears in 3 contracts
Sources: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement
Consequential Damages. Neither party shall be liable to the other for loss of profits or revenue; consequential damages, including, without limitation, loss of use or opportunity; loss of good will; cost profits incurred by one another or their subsidiaries or successors, regardless of substitute facilities, goods, or services; cost of capital; or for any special, consequential, indirect, punitive, or exemplary damages.whether such damages are caused
Appears in 3 contracts
Sources: Personal Services Agreement, Personal Services Agreement, Personal Services Agreement
Consequential Damages. Neither party shall Party will be liable to the other party for any indirect, special, consequential or incidental damages, including loss of profits or revenue; business opportunity, loss of use or opportunity; profit, loss of good will; cost production, loss of substitute facilities, goods, or services; cost data and loss of capital; or for any special, consequential, indirect, punitive, or exemplary damagesuse.
Appears in 2 contracts
Sources: Chemical Products Supply Agreement (ProFrac Holding Corp.), Chemical Products Supply Agreement (Flotek Industries Inc/Cn/)
Consequential Damages. Neither Notwithstanding anything to the contrary herein, neither party shall be liable to the other for loss of profits incidental, consequential, special, punitive or revenue; indirect damages, including but not limited to loss of use or opportunity; loss of good will; cost of substitute facilities, goods, profit or services; cost of capital; or for any special, consequential, indirect, punitive, or exemplary damagesrevenue.
Appears in 2 contracts
Consequential Damages. Neither party shall be liable to the other or any third party for any indirect or consequential loss or damages, however arising, including but not limited to, loss of profits or revenue; income, loss of use profit or opportunity; loss of good will; cost opportunity, provided that such loss is not caused by the misconduct or negligence of substitute facilities, goods, or services; cost of capital; or for any special, consequential, indirect, punitive, or exemplary damagessuch party.
Appears in 2 contracts
Consequential Damages. Neither party Party shall be liable to the other Party for loss of profits any special or revenue; loss of use or opportunity; loss of good will; cost of substitute facilitiesconsequential damages, goodswhether based upon lost goodwill, lost resale profits, work stoppage, or services; cost impairment of capital; other goods or for any specialarising out of breach of warranty, consequentialbreach of contract, indirect, punitivestrict liability, or exemplary damagesnegligence.
Appears in 2 contracts
Sources: Supply and License Agreement (Heska Corp), Supply and License Agreement (Heska Corp)
Consequential Damages. Neither party Party shall be liable to for damages incurred by the other Party for any loss of profits profit or revenue; revenues, loss of product, loss of use of products or opportunity; loss services or associated equipment, interruption of good will; cost of substitute facilitiesbusiness, goods, or services; cost of capital; , downtime costs, increased operating costs, or for any special, consequential, indirectincidental, punitiveindirect or punitive damages; provided, or exemplary damages.however, that nothing in this Section 16.4 (Consequential Damages) shall limit any of (i) the indemnification obligations of either Party under
Appears in 2 contracts
Consequential Damages. Neither party Notwithstanding the above, neither Party shall be liable to the other for any indirect, special or consequential damages, including, but not limited to, loss of profits or revenue; loss revenues, interruption of use customer service or opportunity; loss of good will; cost of substitute facilities, goods, or services; cost of capital; or for any special, consequential, indirect, punitive, or exemplary damagesinterference with business operations.
Appears in 2 contracts
Sources: Pole Attachment and Conduit Occupancy Licensing Agreement, Pole Attachment and Conduit Occupancy Licensing Agreement
Consequential Damages. Neither party Party shall be liable to the other Party for consequential or indirect damages or indirect costs or expenses, loss of profits or revenue; profits, loss of use or opportunity; loss of good will; cost of substitute facilities, goodsopportunities, or services; cost of capital; or for any special, consequential, indirect, punitive, or exemplary damagesthe like.
Appears in 1 contract
Sources: Electric Vehicles Purchase Agreement (Lucid Group, Inc.)
Consequential Damages. Neither party Party shall be liable to the other for special, indirect or consequential damages resulting from or arising out of this Contract, including, without limitation, loss of profits or revenue; profit, loss of production, loss of use or opportunity; loss of good will; cost of substitute facilitiesbusiness interruptions, goods, or services; cost of capital; or for any special, consequential, indirect, punitive, or exemplary damageshowever caused.
Appears in 1 contract
Consequential Damages. Neither party shall be liable to the other for loss of profits or revenue; loss of use or opportunity; loss of good will; cost of substitute facilities, goods, or services; cost of capital; or party for any special, consequential, indirect, punitive, punitive or exemplary damages, loss of profits, loss of production, loss of business or mineral rights or business interruptions which may be suffered by either party, as the case may be, and which arise out of or in connection with this Agreement.
Appears in 1 contract
Sources: Asset Purchase Agreement
Consequential Damages. Neither party shall be liable to the other or any other person or entity for any lost profits, anticipated profits, loss by reason of shutdown in operation or increased expenses of operation, loss of profits or revenue; loss of use or opportunity; loss of good will; cost of substitute facilities, goodsgoodwill, or services; cost of capital; or for any specialconsequential, consequentialincidental, indirect, punitive, or exemplary special damages, even if such party has been advised of the possibility of such damages.
Appears in 1 contract
Sources: Data License Agreement
Consequential Damages. Neither party shall be liable to the other responsible for any indirect, consequential or special damages whatsoever, including, without limitation, extra expense, loss of profits or revenue; profits, loss of use of property, delay or opportunity; damages consequential upon loss of good will; cost use, whether resulting from negligence, breach hereof or otherwise, and even if the possibility of substitute facilitiessuch is or was foreseeable by Lessee, goods, Lessor or services; cost of capital; any other person or for any special, consequential, indirect, punitive, or exemplary damagesentity.
Appears in 1 contract
Sources: Equipment Rental Agreement
Consequential Damages. Neither To the fullest extent permitted by law, neither party shall be liable to the other for any special, indirect, incidental or consequential damages, including, but not limited to, damages from delay, lost distribution, loss of product, loss of use, loss of profits or revenue; loss of use revenue or opportunity; loss of good will; increased cost of substitute facilitiesoperation, goods, or services; the cost of capital; capital or for any specialthe cost of purchased or replacement equipment, consequential, indirect, punitive, systems or exemplary damagespower.
Appears in 1 contract
Sources: Professional Services
Consequential Damages. Neither party Party shall be liable to the other for Party under any cause of action (including, but not limited to, those listed in Article 13 above) for: (i) damages in connection with loss of profits revenue or revenue; of profits, business interruption, loss of use or opportunity; of property, loss of good willbusiness opportunity, increased operating costs or increased financing costs; cost (ii) any type or amount of substitute facilitiesindirect, goods, special or services; cost of capitalconsequential damages howsoever characterized or calculated; or for any special, consequential, indirect, punitive, (iii) punitive or exemplary damages.
Appears in 1 contract
Sources: Terms and Conditions
Consequential Damages. Neither party shall be liable to the other for loss of profits or revenue; loss of use or opportunity; loss of good will; cost of substitute facilities, goods, or services; cost costs of capital; or for any special, consequential, indirect, punitive, or exemplary damages.
Appears in 1 contract
Sources: Professional Services Agreement
Consequential Damages. Neither party shall be liable to the other for loss any consequential damages, either Party’s liability for damages hereunder shall in no event exceed the lesser of profits actual damages or revenue; loss the amount of use or opportunity; loss of good will; cost of substitute facilities, goods, or services; cost of capital; or fees paid by Client for any special, consequential, indirect, punitive, or exemplary damagesthe relevant service.
Appears in 1 contract
Sources: Services Agreement (Cellteck Inc.)
Consequential Damages. Neither party shall be liable to the other for loss lost profits, lost revenues, lost opportunity costs, costs of profits or revenue; loss of use or opportunity; loss of good will; cost of substitute facilities, goodsfinancing, or services; cost of capital; or for any special, consequential, indirect, punitive, special, or exemplary damagesincidental damages in connection with any Direct Claim.
Appears in 1 contract
Sources: Purchase and Sale Agreement (Caraustar Industries Inc)
Consequential Damages. Neither party shall be liable to the other for loss of profits or revenue; loss of use or opportunity; loss of good will; cost of substitute facilities, goods, or services; cost of capital; or for any specialincidental, consequential, indirectspecial, punitivepunitive or indirect damages, including but not limited to loss ofuse or exemplary damagesloss of profit or revenue .
Appears in 1 contract
Consequential Damages. Neither party shall be liable to the other for loss of profits or revenue; consequential damages, including, without limitation, loss of use or opportunity; loss of good will; cost of substitute facilities, goods, or services; cost of capital; or for any special, consequential, indirect, punitive, or exemplary damages.profits incurred by
Appears in 1 contract
Sources: Personal Services Agreement
Consequential Damages. Neither party shall be liable to the other for loss of profits or revenue; loss of use or opportunity; loss of good will; cost of substitute facilitiesany indirect, goods, or services; cost of capital; or for any special, consequential, indirect, punitive, exemplary or exemplary consequential damages, including, but not limited to, damages for lost production, lost revenue, lost product, lost profits, lost business or business interruptions REGARDLESS OF THE SOLE, JOINT AND/OR CONCURRENT NEGLIGENCE OF EITHER PARTY, AND EACH PARTY HEREBY RELEASES THE OTHER IN THIS REGARD.
Appears in 1 contract
Consequential Damages. Neither party shall be liable to the other for loss of profits or revenue; loss of use or opportunity; loss of good will; cost of substitute facilities, goods, goods or services; cost of capital; or for any special, consequential, indirect, punitive, or exemplary damages.
Appears in 1 contract
Sources: Construction Contract
Consequential Damages. Neither party Party shall be liable to the other for special, Indirect or consequential damages resulting from or arising out of this Contract, including, without limitation, loss of profits profit or revenue; business interruptions including loss or delay of use or opportunity; loss of good will; cost of substitute facilitiesproduction, goods, or services; cost of capital; or for any special, consequential, indirect, punitive, or exemplary damageshowever same may be caused.
Appears in 1 contract
Sources: Daywork Drilling Contract (Nevada Geothermal Power Inc)
Consequential Damages. Neither party shall be liable to the other for loss of profits or revenue; loss of use or opportunity; loss of good will; cost of substitute facilities, goods, or services; cost of capital; or hereunder for any specialindirect, consequential, indirectincidental, punitive, punitive or exemplary damagesdamages (including, without limitation, damages on account of lost profits) arising hereunder.
Appears in 1 contract
Sources: Purchase and Sale Agreement (Far West Electric Energy Fund L P)