Common use of Exclusion of Consequential Damages Clause in Contracts

Exclusion of Consequential Damages. ‌ Notwithstanding anything contained herein to the contrary, neither Party will be liable under this Agreement or under any cause of action relating to the subject matter of this Agreement for any special, indirect, incidental, punitive, exemplary or consequential damages, including loss of profits, loss of use of any property or claims of customers or contractors of the Parties for any such damages.

Appears in 10 contracts

Sources: Long Term Capacity Services Contract, Long Term Energy Supply Contract, Long Term Reliability Services Contract

Exclusion of Consequential Damages. ‌ Notwithstanding anything contained herein Neither Party shall be liable to the contrary, neither other Party will be liable under this Agreement or under any cause of action relating to the subject matter of this Agreement for any special, indirect, incidental, punitiveconsequential, exemplary special, or consequential punitive damages, including loss of profitsprofits or revenue, loss arising out of use of any property or claims of customers or contractors related to this Agreement, even if advised of the Parties for any possibility of such damages.

Appears in 6 contracts

Sources: Strategic Advisor Agreement (Applied Dna Sciences Inc), Strategic Advisor Agreement (Predictive Oncology Inc.), Strategic Advisory Agreement (Helius Medical Technologies, Inc.)

Exclusion of Consequential Damages. Notwithstanding anything any other provision contained herein in this Agreement, no Party, nor its Affiliates, nor its or their respective Representatives, successors or assigns, shall be liable to the contraryother Party or their Affiliates and their Representatives, neither Party will be liable under this Agreement successors or under any cause of action relating to the subject matter of this Agreement assigns, for any incidental, punitive, special, indirect, incidental, punitive, exemplary multiple or consequential damagesdamages connected with or resulting from performance or non-performance of this Agreement; provided, including loss of profits, loss of use of any property or claims of customers or contractors of the Parties for that any such damages paid with respect to a third-party claim shall be considered direct damages.

Appears in 6 contracts

Sources: Transition Services Agreement (Baker Hughes a GE Co), Transition Services Agreement (BAKER HUGHES a GE Co LLC), Intercompany Services Agreement (BAKER HUGHES a GE Co LLC)

Exclusion of Consequential Damages. Notwithstanding anything contained herein to the contrary, neither Party will be liable under this Agreement or under any cause of action relating to the subject matter of this Agreement for any special, indirect, incidental, punitive, exemplary or consequential damages, including loss of profits, loss of use of any property or claims of customers or contractors of the Parties for any such damages.

Appears in 6 contracts

Sources: Long Term Capacity Services Contract, Long Term Energy Supply Contract, Long Term Capacity Services Contract

Exclusion of Consequential Damages. ‌ Notwithstanding anything contained herein to the contrary, neither Party will be liable under this Agreement or under any cause of action relating to the subject matter of this Agreement for any special, indirect, incidental, punitive, exemplary or consequential damages, including loss of profitsprofits (save and except as provided in Sections 5.1(c), 6.11 and 12.1(d) and Article 7), loss of use of any property or claims of customers or contractors of the Parties for any such damages.

Appears in 3 contracts

Sources: Renewable Electricity Support Agreement, Renewable Electricity Support Agreement, Renewable Electricity Support Agreement

Exclusion of Consequential Damages. Notwithstanding anything contained herein to the contrary, neither Party will be liable under this Agreement or under any cause of action relating to the subject matter of this Agreement for any special, indirect, incidental, punitive, exemplary or consequential damages, including loss of profitsprofits (save and except as provided in Section 9.5 and Section 12.2), loss of use of any property or claims of customers or contractors of the Parties for any such damages.

Appears in 3 contracts

Sources: Clean Energy Supply Contract, Demand Response Contract, Demand Response Contract

Exclusion of Consequential Damages. ‌ Notwithstanding anything contained herein to the contrary, neither Party will Neither party shall be liable under for any Consequential Loss whether arising out of or related to this Agreement or under any cause in tort (including negligence or breach of action relating to statutory duty), misrepresentation or however arising, even if the subject matter of this Agreement for any special, indirect, incidental, punitive, exemplary or consequential damages, including loss of profits, loss of use of any property or claims of customers or contractors party was advised of the Parties for any possibility of such damages.

Appears in 2 contracts

Sources: Master Service Agreement, Master Service Agreement

Exclusion of Consequential Damages. ‌ Notwithstanding anything contained herein to the contrary, neither Party will be liable under this Agreement or under any cause of action relating to the subject matter of this Agreement for any special, indirect, incidental, punitive, exemplary or consequential damages, including loss of profitsprofits (save and except as provided in Section 13.2), loss of use of any property or claims of customers or contractors of the Parties for any such damages.

Appears in 2 contracts

Sources: Clean Energy Supply Contract, Energy Storage Facility Agreement

Exclusion of Consequential Damages. ‌ Notwithstanding anything contained herein to the contraryherein, neither Party will be liable under this Agreement or under any cause of action relating to the subject matter of this Agreement for any indirect damages, including special, indirect, incidental, punitive, exemplary or consequential damages, including loss of profits, loss of use of any property or claims of customers customers, suppliers or contractors of the Parties for any such damages.

Appears in 2 contracts

Sources: Interruptible Rate Pilot Contract, Interruptible Rate Pilot Contract

Exclusion of Consequential Damages. Notwithstanding anything contained herein to the contrary, neither Party will be liable under this Agreement or under any cause of action relating to the subject matter of this Agreement for any special, indirect, incidental, punitive, exemplary or consequential damages, including loss of profits, loss of use of any property or claims Claims of customers or contractors of the Parties for any such damages.

Appears in 2 contracts

Sources: Demand Response Program Contract, Dr3 Contract

Exclusion of Consequential Damages. Notwithstanding anything contained herein to the contrary, neither Party will be liable under this Agreement or under any cause of action relating to the subject matter of this Agreement for any special, indirect, incidental, punitive, exemplary or consequential damages, including loss of profitsprofits (save and except as provided in Sections 5.1(c), 6.11 and 12.1(d) and Article 7), loss of use of any property or claims of customers or contractors of the Parties for any such damages.

Appears in 2 contracts

Sources: Renewable Electricity Support Agreement, Renewable Electricity Support Agreement

Exclusion of Consequential Damages. Notwithstanding anything contained herein to the contrary, neither Party will be liable under this Agreement or under any cause of action relating to the subject matter of this Agreement for any special, indirect, incidental, punitive, exemplary or consequential damages, including loss of profits, loss of use of any property or claims of customers or contractors of the Parties for any such damages.damages.‌‌‌

Appears in 1 contract

Sources: E Lt 1 Contract

Exclusion of Consequential Damages. Notwithstanding anything contained herein to the contrary, neither Party will be liable under this Agreement or under any cause of action relating to the subject matter of this Agreement for any special, indirect, incidental, punitive, exemplary or consequential damages, including loss of profits, profits (save and except as provided in Section 9.5 and Section 12.2) loss of use of any property or claims of customers or contractors of the Parties for any such damages.

Appears in 1 contract

Sources: Demand Side Management Contract

Exclusion of Consequential Damages. Draft Notwithstanding anything contained herein to the contrary, neither Party will be liable under this Agreement or under any cause of action relating to the subject matter of this Agreement for any special, indirect, incidental, punitive, exemplary or consequential damages, including loss of profits, loss of use of any property or claims of customers or contractors of the Parties for any such damages.damages.‌

Appears in 1 contract

Sources: Long Term Reliability Services Contract

Exclusion of Consequential Damages. ‌ Notwithstanding anything contained herein to the contrary, neither Party will be liable under this Agreement or under any cause of action relating to the subject matter of this Agreement for any special, indirect, incidental, punitive, exemplary or consequential damages, including loss of profitsprofits (save and except as provided in Section 12.2), loss of use of any property or claims of customers or contractors of the Parties for any such damages.

Appears in 1 contract

Sources: Power Purchase Agreement

Exclusion of Consequential Damages. Draft Notwithstanding anything contained herein to the contrary, neither Party will be liable under this Agreement or under any cause of action relating to the subject matter of this Agreement for any special, indirect, incidental, punitive, exemplary or consequential damages, including loss of profits, loss of use of any property or claims of customers or contractors of the Parties for any such damages.

Appears in 1 contract

Sources: Long Term 2 Energy Supply Contract

Exclusion of Consequential Damages. Notwithstanding anything contained herein to the contraryherein, neither Party will be liable under this Agreement or under any cause of action relating to the subject matter of this Agreement for any indirect damages, including special, indirect, incidental, punitive, exemplary or consequential damages, including loss of profits, loss of use of any property or claims of customers customers, suppliers or contractors of the Parties for any such damages.. 1o.t2hingLiiqnutihdiasteAdrtDicalme a1g1esshall reduce a Party’s claim for liquidated damages pursuant to‌‌

Appears in 1 contract

Sources: Interruptible Rate Pilot Contract

Exclusion of Consequential Damages. ‌ Notwithstanding anything contained herein to the contrary, neither Party will be liable under this Agreement or under any cause of action relating to the subject matter of this Agreement for any special, indirect, incidental, punitive, exemplary or consequential damages, including loss of profitsprofits (save and except as provided in Sections 1.5, 1.6, 1.7, 2.11 and 12.2), loss of use of any property or claims of customers or contractors of the Parties for any such damages.

Appears in 1 contract

Sources: Small Hydro Program Stream 3 Contract

Exclusion of Consequential Damages. ‌ Notwithstanding anything contained herein to the contrary, neither Party will be liable under this Agreement or under any cause of action relating to the subject matter of this Agreement for any special, indirect, incidental, punitive, exemplary or consequential damages, including loss of profitsprofits (save and except as provided in Article 12), loss of use of any property or claims of customers or contractors of the Parties for any such damages.

Appears in 1 contract

Sources: Energy Supply Agreement

Exclusion of Consequential Damages. Notwithstanding anything contained herein to the contrary, neither Party will be liable under this Agreement or under any cause of action relating to the subject matter of this Agreement for any special, indirect, incidental, punitive, exemplary or consequential damages, including loss of profitsprofits (save and except as provided in Section 13.2), loss of use of any property or claims of customers or contractors of the Parties for any such damages.

Appears in 1 contract

Sources: Energy Storage Facility Agreement