Disclaimer of Consequential Damages. Except otherwise not permitted to be limited under applicable law, neither Party will be liable to the other Party hereto or any third party for any special, indirect, incidental, consequential, exemplary or punitive damages or for the loss of profits, business, revenues, goodwill, savings or customers, or for lost or damaged data, whether such Liability is predicated on contract, strict Liability or any other theory, and regardless, in each case, whether or not such damages were foreseeable or even if a Party has been advised of the possibility of such damages.
Appears in 6 contracts
Sources: Representations and Warranties Agreement, Us Specific Terms, Representations and Warranties Agreement
Disclaimer of Consequential Damages. Except otherwise not permitted to be limited under applicable law, neither Neither Party will shall be liable to the other Party hereto or any third party for any incidental, special, indirectindirect or consequential damages of any nature howsoever caused, incidental, consequential, exemplary or punitive damages or for the including loss of profitsprofits or business interruptions, business, revenues, goodwill, savings connected with or customers, or for lost or damaged data, whether such Liability is predicated on contract, strict Liability or any other theory, and regardless, in each case, whether or not such damages were foreseeable or even if a Party has been advised arising out of the possibility of such damagesthis Lease.
Appears in 5 contracts
Sources: Contribution, Conveyance and Assumption Agreement (Phillips 66 Partners Lp), Contribution, Conveyance and Assumption Agreement (Phillips 66 Partners Lp), Contribution, Conveyance and Assumption Agreement (Phillips 66 Partners Lp)
Disclaimer of Consequential Damages. Except otherwise not permitted Notwithstanding any provision to be limited under applicable lawthe contrary, neither in no event shall any Party will be liable to the other another Party hereto or any third party for any special, indirect, incidental, consequential, special, exemplary or punitive damages indirect damages, lost business profits or for lost data arising out of or in any way related to the loss of profits, business, revenues, goodwill, savings or customers, or for lost or damaged data, whether such Liability is predicated on contract, strict Liability or any other theory, and regardless, in each case, whether or not such damages were foreseeable or even if a Party has been advised of the possibility of such damagesContract Documents.
Appears in 5 contracts
Sources: Professional Services, Professional Services, Professional Services
Disclaimer of Consequential Damages. Except otherwise not permitted Notwithstanding any provision to be limited under applicable lawthe contrary, neither in no event shall either Party will be liable to the other Party hereto or any third party for any special, indirect, incidental, consequential, special, exemplary or punitive damages indirect damages, lost business profits or for the loss lost data arising out of profits, business, revenues, goodwill, savings or customers, or for lost or damaged data, whether such Liability is predicated on contract, strict Liability or in any other theory, and regardless, in each case, whether or not such damages were foreseeable or even if a Party has been advised of the possibility of such damagesway related to this Contract.
Appears in 4 contracts
Sources: Professional Services Contract, Professional Services Contract, Professional Services
Disclaimer of Consequential Damages. Except otherwise not permitted to be limited under applicable law, neither In no event shall either Party will be liable to the other Party hereto or any third party for any special, indirect, incidental, consequentialspecial or consequential damages, exemplary or punitive including, but not limited to, any claims for damages or for based upon lost profits as a result of any breach of this Agreement, including the loss breach of profits, business, revenues, goodwill, savings or customersany warranty, or as a result of any claim for lost or damaged data, whether such Liability is predicated on contract, strict Liability or any other theory, and regardless, in each case, whether or not such damages were foreseeable or even if a Party has been advised of the possibility of such damagesindemnity.
Appears in 2 contracts
Sources: Development Agreement, Development Agreement (Nanogen Inc)
Disclaimer of Consequential Damages. Except otherwise not permitted to be limited under applicable law, neither In no event shall either Party will be liable to the other Party hereto or any third party for any special, indirect, incidental, consequentialspecial or consequential damages, exemplary or punitive including, but not limited to, any claims for damages or for the loss based upon lost profits as a result of profitsany breach of this agreement, business, revenues, goodwill, savings or customersincluding breach of any warranty, or as the result of any claim for lost or damaged data, whether such Liability is predicated on contract, strict Liability or any other theory, and regardless, in each case, whether or not such damages were foreseeable or even if a Party has been advised of the possibility of such damagesindemnity.
Appears in 2 contracts
Sources: Manufacturing and Distribution Agreement, Manufacturing and Distribution Agreement (Nanogen Inc)
Disclaimer of Consequential Damages. Except otherwise not permitted to be limited under applicable lawfor a breach of confidentiality, neither in no event will either Party will be liable to the other Party hereto or any third party for any special, indirect, incidental, consequential, exemplary incidental or punitive damages or for the loss like damages, however caused and on any theory of profits, business, revenues, goodwill, savings or customers, or for lost or damaged data, whether such Liability is predicated on contract, strict Liability or any other theoryliability, and regardless, in each case, whether or not such damages were foreseeable Party knew or even if a Party has been advised should have known of the possibility of such damagesdamage.
Appears in 2 contracts
Sources: Super Regional Distribution and Service Provider Agreement (HydroPhi Technologies Group, Inc.), Super Regional Distribution and Service Provider Agreement (HydroPhi Technologies Group, Inc.)
Disclaimer of Consequential Damages. Except otherwise not permitted to be limited under applicable law, neither Neither Party will shall be liable to the other Party hereto or any third party for any specialconsequential, incidental, indirect, incidentalspecial, consequentialpunitive or exemplary damages suffered or incurred by such other Party in connection with a breach or alleged breach of this Agreement, exemplary or punitive damages or for the loss of profits, business, revenues, goodwill, savings or customers, or for lost or damaged data, whether such Liability is predicated on contract, strict Liability or any other theory, and regardless, in each case, whether or not such damages were foreseeable or even if a such other Party has been advised of the possibility of such damages. Consequential damages shall include, without limitation, opportunity costs, loss of use of facilities or other assets, claims of subcontractors, lost profits, lost savings, lost business or lost goodwill.
Appears in 2 contracts
Sources: Consulting and Strategic Advisory Agreement (Thorium Power, LTD), Consulting and Strategic Advisory Agreement (Thorium Power, LTD)
Disclaimer of Consequential Damages. Except otherwise not permitted to be limited under applicable law, neither Neither Party will shall be liable to the other Party hereto or any third party for any incidental, special, indirectindirect or consequential damages of any nature, incidental, consequential, exemplary or punitive damages or for the including loss of profitsprofits or business interruptions, business, revenues, goodwill, savings connected with or customers, or for lost or damaged data, whether such Liability is predicated on contract, strict Liability or any other theory, and regardless, in each case, whether or not such damages were foreseeable or even if a Party has been advised arising out of the possibility of such damagesthis Lease.
Appears in 2 contracts
Sources: Lease Agreement (Phillips 66 Partners Lp), Contribution, Conveyance and Assumption Agreement (Phillips 66 Partners Lp)
Disclaimer of Consequential Damages. Except otherwise not permitted to be limited under applicable law, neither In no event shall either Party will be liable to the other Party hereto or any third party for any incidental, special, indirector consequential damages, incidentalincluding, consequentialbut not limited to, exemplary or punitive any claims for damages or for the loss of based upon lost profits, business, revenues, goodwill, savings or customers, or for lost or damaged data, whether such Liability is predicated on contract, strict Liability or any other theory, and regardless, in each case, whether or not such damages were foreseeable or even if a Party has been advised of the possibility of such damages.
Appears in 2 contracts
Sources: Commercial Supply Agreement (BioPharmX Corp), Technical Transfer Agreement (Inyx Inc)
Disclaimer of Consequential Damages. Except otherwise not permitted to be limited under applicable law, neither Party will be liable Notwithstanding anything to the contrary in this Agreement, in no event shall either party be responsible to any other Party hereto or any third party hereunder for any loss of, or damage to, data, any treble, punitive, special, indirectexemplary, incidental, consequential, exemplary indirect or punitive consequential damages or for the loss of lost profits, business, revenuesrevenue, goodwill, goodwill or anticipated savings or customers, or for lost or damaged data, whether such Liability is predicated on contract, strict Liability or hereunder (except to the extent awarded in a third party claim against any other theory, and regardless, in each case, whether or not such damages were foreseeable or even if a Party has been advised of the possibility of such damagesIndemnified Party).
Appears in 1 contract
Disclaimer of Consequential Damages. Except otherwise not permitted to be limited under applicable law, neither Neither Party will be is liable to the other Party hereto or any third party for any indirect, punitive, special, indirectexemplary, incidentalincidental and/or consequential damages (for example, consequentiallost profits) arising in tort, exemplary or punitive damages or for the loss of profits, business, revenues, goodwill, savings or customers, or for lost or damaged data, whether such Liability is predicated on contract, contract strict Liability liability or any other legal theory, and regardlessfrom the execution or performance of this Agreement or any license granted hereunder . Further, notwithstanding any provision of this Agreement to the contrary, in each case, whether no event shall LICENSOR be liable for any claims of LICENSEE’s customers or not such damages were foreseeable or even if a Party has been advised of the possibility of other third parties for any such damages.
Appears in 1 contract
Disclaimer of Consequential Damages. Except otherwise not permitted to be limited under applicable law, neither Neither Party will shall be liable to the other Party hereto or any third party under this Agreement for any indirect, special, indirect, incidental, consequential, exemplary or punitive consequential damages or lost profits hereunder. In addition, in no event shall either party be liable for the loss any punitive or exemplary damages of profits, business, revenues, goodwill, savings or customers, or for lost or damaged data, whether such Liability is predicated on contract, strict Liability or any other theorykind. For purposes of clarity only, and regardless, in each case, whether or not such damages were foreseeable or even if a Party has been advised without limiting the generality of the possibility of such foregoing, the indemnifying Party shall be responsible for direct damages, including without limitation, reasonable attorneys’ fees.
Appears in 1 contract
Sources: Transition Services Agreement (Big Heart Pet Brands)
Disclaimer of Consequential Damages. Except otherwise not permitted to be limited under applicable law, neither Neither Party will shall be liable to the other Party hereto or any third party for any special, indirect, incidental, consequentialor consequential damages, exemplary or punitive damages or for the including, without limitation, loss of profitsprofits or revenue, business, revenues, goodwill, savings or customers, or for lost or damaged data, regardless of whether such Liability is predicated on contract, strict Liability or any other theory, and regardless, in each case, whether or not such damages were foreseeable or even if a Party has been advised informed of the possibility of such damages.
Appears in 1 contract
Sources: Customer Agreement
Disclaimer of Consequential Damages. Except otherwise not permitted to be limited under applicable law, neither In no event will either Party will be liable to the other Party hereto or any third party for any indirect, special, indirect, incidental, consequentialconsequential or special damages of any nature whatsoever, exemplary or punitive damages or for the (including loss of profitsproduction, businessprofits or use of facilities, revenues, goodwill, savings promotional or customersmanufacturing expenses, or for lost overhead, or damaged datainjury to reputation), whether such Liability is predicated on contractarising out of or in connection with any claim arising hereunder, strict Liability or any other theory, and regardless, in each case, whether or not such damages were foreseeable or even if a such Party has been advised of the possibility of such damages. The limitations in this Section will not apply to breach of, or liability under, Section 6 or 7.
Appears in 1 contract
Sources: Master Development and License Agreement (Neomagic Corp)
Disclaimer of Consequential Damages. Except otherwise not permitted Notwithstanding anything to be limited under applicable lawthe contrary in this AGREEMENT, neither Party will be liable party shall have any liability to the other Party hereto or any third party for any special, indirect, incidentalconsequential or special damages including, consequentialbut not limited to, exemplary liability or punitive damages or for the delays of any nature, loss of anticipated revenues or profits, business, revenues, goodwill, savings increased cost of operations or customers, costs of shutdown or for lost or damaged data, startup whether such Liability is predicated damages are based on contract, tort including negligence, strict Liability liability or any other theory, and regardless, in each case, whether or not such damages were foreseeable or even if a Party has been advised of the possibility of such damagesotherwise.
Appears in 1 contract
Sources: Professional Services
Disclaimer of Consequential Damages. Except otherwise not permitted to be limited under applicable law, neither Party will be liable to the other Party hereto or any third party for any special, indirect, incidental, consequential, exemplary or punitive damages or claims for the loss of profits, business, revenues, goodwill, savings or customers, or for lost or damaged data, whether such Liability is predicated on contract, strict Liability or any other theory, profit and regardless, in each case, whether or not such the Parties shall only be liable insofar as the damages were foreseeable or even if a Party has been advised of are typically associated with the possibility of such damagesAgreement and are foreseeable.
Appears in 1 contract
Sources: Service Agreement