Common use of DISCLAIMER AND LIMITATIONS OF LIABILITY Clause in Contracts

DISCLAIMER AND LIMITATIONS OF LIABILITY. Notwithstanding anything herein to the contrary, Lessor shall not be responsible or liable for any revenues foregone by the Lessee, while any part of the Equipment is not functioning properly. Lessor shall also not be responsible or liable for any losses, damages, injuries, claims, penalties, demands and all expenses, legal or otherwise (including reasonable attorneys' fees) of whatever kind and nature arising from any patron disputes involving such Equipment. The liability of Lessor for any of the Equipment leased hereunder, whether in contract, in tort, under warranty, in negligence or otherwise, shall not exceed the fair market value of the Equipment itself and under no circumstances shall Lessor be liable for direct, special, indirect, or consequential damages. Any unauthorized modification, alteration, or revision of all or any portion of the Equipment shall cause the warranty described above to be null and void. Lessor, its affiliates, subsidiaries, representatives, and agents make no other warranty, express or implied. IN NO EVENT SHALL LESSOR BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, ARISING OUT OF THIS LEASE OR ANY LEASE SCHEDULE REGARDLESS OF THE NATURE OF ANY CLAIM MADE BY LESSEE, BUT EXCLUDING DIRECT DAMAGES RESULTING FROM LESSOR'S BREACH OF SECTION 16.4.

DISCLAIMER AND LIMITATIONS OF LIABILITY. Notwithstanding anything herein to the contrary, Lessor shall not be responsible or liable for any revenues foregone by the Lessee, while any part of the Equipment is not functioning properly. Lessor shall also not be responsible or liable for any losses, damages, injuries, claims, penalties, demands and all expenses, legal or otherwise (including reasonable attorneys' ’ fees) of whatever kind and nature arising from any patron disputes involving such Equipment. The liability of Lessor for and the OEM of any of the Equipment leased hereunder, whether in contract, in tort, under warranty, in negligence or otherwise, shall not exceed the fair market value of the Equipment itself and under no circumstances shall Lessor or the OEM of any of the Equipment be liable for direct, special, indirect, or consequential damages. Neither Lessor nor any manufacturer of any of the Equipment shall be liable in any respect for the acceptance of counterfeit and/or fraudulent materials (i.e. tokens, coins, bills, etc.) by the Equipment. Any unauthorized modification, alteration, or revision of all or any portion of the Equipment shall cause the warranty described above to be null and void. Lessor, its affiliates, subsidiaries, representatives, and agents make no other warranty, express or implied. IN NO EVENT SHALL LESSOR BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, ARISING OUT OF THIS LEASE OR ANY LEASE SCHEDULE REGARDLESS OF THE NATURE OF ANY CLAIM MADE BY LESSEE, BUT EXCLUDING DIRECT DAMAGES RESULTING FROM LESSOR'S BREACH OF SECTION 16.4.

DISCLAIMER AND LIMITATIONS OF LIABILITY. Notwithstanding anything herein to the contrary, Lessor shall not be responsible or liable for any revenues foregone by the Lessee, while any part of the Equipment is not functioning properly. Lessor shall also not be responsible or liable for any losses, damages, injuries, claims, penalties, demands and all expenses, legal or otherwise (including reasonable attorneys' fees) of whatever kind and nature arising from any patron disputes involving such Equipment. The liability of Lessor for any of the Equipment leased hereunder, whether in contract, in tort, under warranty, in negligence or otherwise, shall not exceed the fair market value of the Equipment itself and under no circumstances shall Lessor be liable for direct, special, indirect, or consequential damages. Any unauthorized modification, alteration, or revision of all or any portion of the Equipment shall cause the warranty described above to be null and void. Lessor, its affiliates, subsidiaries, representatives, and agents make no other warranty, express or implied. IN NO EVENT SHALL LESSOR BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, ARISING OUT OF THIS LEASE, THE VESSEL LEASE DOCUMENTS OR ANY LEASE SCHEDULE REGARDLESS OF THE NATURE OF ANY CLAIM MADE BY LESSEE, BUT EXCLUDING DIRECT DAMAGES RESULTING FROM LESSOR'S BREACH OF SECTION 16.4.