Common use of Exclusion of Consequential and Related Damages Clause in Contracts

Exclusion of Consequential and Related Damages. UNDER NO CIRCUMSTANCES SHALL CHYRONHEGO BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, CHYRONHEGO SHALL NOT BE LIABLE FOR: (A) ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF CUSTOMER DATA; (B) COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; (C) LOSS OF BUSINESS; (D) DAMAGES ARISING OUT OF ACCESS TO OR INABILITY TO ACCESS THE SERVICES, SOFTWARE, CONTENT, OR RELATED TECHNICAL SUPPORT; OR (E) FOR ANY MATTER BEYOND CHYRONHEGO’ REASONABLE CONTROL, EVEN IF CHYRONHEGO HAS BEEN ADVISED OF THE POSSIBILITY OF ANY OF THE FOREGOING LOSSES OR DAMAGES.

Exclusion of Consequential and Related Damages. UNDER NO CIRCUMSTANCES SHALL CHYRONHEGO GRANICUS BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, CHYRONHEGO GRANICUS SHALL NOT BE LIABLE FOR: (A) ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF CUSTOMER DATA; (B) COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; (C) LOSS OF BUSINESS; (D) DAMAGES ARISING OUT OF ACCESS TO OR INABILITY TO ACCESS THE SERVICES, SOFTWARE, CONTENT, OR RELATED TECHNICAL SUPPORT; OR (E) FOR ANY MATTER BEYOND CHYRONHEGOGRANICUS’ REASONABLE CONTROL, EVEN IF CHYRONHEGO GRANICUS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY OF THE FOREGOING LOSSES OR DAMAGES.

Exclusion of Consequential and Related Damages. UNDER NO CIRCUMSTANCES SHALL CHYRONHEGO GRANICUS BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, CHYRONHEGO GRANICUS SHALL NOT BE LIABLE FOR: (A) ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF CUSTOMER CLIENT DATA; (B) COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; (C) LOSS OF BUSINESS; (D) DAMAGES ARISING OUT OF ACCESS TO OR INABILITY TO ACCESS THE SERVICES, SOFTWARE, CONTENT, OR RELATED TECHNICAL SUPPORT; OR (E) FOR ANY MATTER BEYOND CHYRONHEGOGRANICUS’ REASONABLE CONTROL, EVEN IF CHYRONHEGO GRANICUS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY OF THE FOREGOING LOSSES OR DAMAGES.

Exclusion of Consequential and Related Damages. UNDER NO CIRCUMSTANCES SHALL CHYRONHEGO GRANICUS BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVEPUNITVE, INCIDENTAL, ,OR CONSEQUENTIAL DAMAGES, ,WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, CHYRONHEGO ,GRANICUS SHALL NOT BE LIABLE FOR: (A) ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF CUSTOMER DATA; (B) COST OF PROCUREMENT OF SUBSTITUTE GOODS, ,SERVICES OR TECHNOLOGY; (C) LOSS C)LOSS OF BUSINESS; (D) DAMAGES ARISING OUT OF ACCESS TO OR INABILITY TO ACCESS THE SERVICES, ,SOFTWARE, CONTENT, ,OR RELATED TECHNICAL SUPPORT; OR (EOR(E) FOR ANY MATTER BEYOND CHYRONHEGO’ GRANICUS' REASONABLE CONTROL, EVEN IF CHYRONHEGO GRANICUS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY OF THE FOREGOING LOSSES OR DAMAGES. 8.2.

Exclusion of Consequential and Related Damages. UNDER REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, IN NO CIRCUMSTANCES SHALL CHYRONHEGO EVENT WILL CPI BE LIABLE FOR ANY LOST REVENUE OR PROFIT, LOST OR DAMAGED DATA, BUSINESS INTERRUPTION, LOSS OF CAPITAL, OR FOR SPECIAL, INDIRECT, PUNITIVECONSEQUENTIAL, INCIDENTAL, INCIDENTAL OR CONSEQUENTIAL PUNITIVE DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR TORT HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, CHYRONHEGO SHALL NOT BE LIABLE FOR: (A) ERROR LIABILITY OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF CUSTOMER DATA; (B) COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; (C) LOSS OF BUSINESS; (D) DAMAGES WHETHER ARISING OUT OF ACCESS TO THE USE OF OR INABILITY TO ACCESS USE THE CHARGEPOINT NETWORK, ANY CHARGEPOINT SERVICES, SOFTWARETHIS AGREEMENT, CONTENTA GRANT OR RECEIPT OF RIGHTS OR OTHERWISE OR BASED ON ANY EXPRESSED, IMPLIED OR RELATED TECHNICAL SUPPORTCLAIMED WARRANTIES BY SUBSCRIBER NOT SPECIFICALLY SET FORTH IN THIS AGREEMENT. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO (1) PERSONAL INJURY OR DEATH RESULTING FROM LICENSOR’S NEGLIGENCE; (2) FOR FRAUD; OR (E3) FOR ANY OTHER MATTER BEYOND CHYRONHEGO’ REASONABLE CONTROL, EVEN IF CHYRONHEGO HAS BEEN ADVISED OF THE POSSIBILITY OF ANY OF THE FOREGOING LOSSES OR DAMAGESFOR WHICH LIABILITY CANNOT BE EXCLUDED BY LAW.

Exclusion of Consequential and Related Damages. UNDER IN NO CIRCUMSTANCES SHALL CHYRONHEGO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY SPECIALCONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, INCIDENTALOR ANY OTHER NON-DIRECT DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR FUTURE REVENUES, LOSS, DAMAGE, UNAVAILABLITY OR CORRUPTION OF OR DAMAGE TO DATA OR SOFTWARE, COST OF CAPITAL, LOSS OF BUSINESS REPUTATION OR OPPORTUNITY, OR CONSEQUENTIAL DAMAGESANY CLAIM OR DEMAND AGAINST THE OTHER PARTY BY ANY THIRD PARTY, HOWEVER CAUSED, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE UNDER THEORY OF LIABILITYCONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF A SAID PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESDAMAGES AND EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. FURTHER, CHYRONHEGO CLIENT SHALL NOT BE LIABLE FOR: (A) ERROR OR INTERRUPTION RESPONSIBLE FOR THE BACK-UP OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF CUSTOMER ALL DATA; (B) COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; (C) LOSS OF BUSINESS; (D) DAMAGES ARISING OUT OF ACCESS TO OR INABILITY TO ACCESS THE SERVICES, SOFTWARE, CONTENTOPERATING SYSTEMS, OR RELATED TECHNICAL SUPPORT; OR (E) SOFTWARE CONFIGURATIONS, AND NETWORKING CONFIGURATIONS IN PREPARATION FOR ANY MATTER BEYOND CHYRONHEGO’ REASONABLE CONTROL, EVEN IF CHYRONHEGO HAS BEEN ADVISED AND DURING THE TERM OF THE POSSIBILITY OF ANY OF SERVICES. THE FOREGOING LOSSES OR DAMAGESDISCLAIMER SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.