Common use of Exclusion of Consequential Damages Clause in Contracts

Exclusion of Consequential Damages. EXCEPT AS PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL CPI BE LIABLE TO SUBSCRIBER FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION FOR THE LOSS OF DATA, BUSINESS INTERRUPTION, OR LOST PROFITS, THAT IN ANY WAY ARISE OUT OF OR RELATE TO THIS AGREEMENT, REGARDLESS OF THE THEORY OF RELIEF, WHETHER OR NOT CPI HAS BEEN ADVISED TO THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF ANY CLAIM OR FINDING THAT A REMEDY SUFFERS A FAILURE OF ITS ESSENTIAL PURPOSE. NOTWITHSTANDING THE FOREGOING, THIS SECTION SHALL NOT APPLY WITH RESPECT TO ANY DAMAGES WHICH ARISE OUT OF OR RELATE TO CPI’S INDEMNIFICATION OBLIGATIONS UNDER THIS AGREEMENT.

Exclusion of Consequential Damages. EXCEPT AS PROHIBITED CUSTOMER AGREES THAT THE CONSIDERATION WHICH COMPANY IS CHARGING HEREUNDER DOES NOT INCLUDE CONSIDERATION FOR ASSUMPTION BY APPLICABLE LAW, COMPANY OF THE RISK OF CUSTOMER’S INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL CPI WILL EITHER PARTY BE LIABLE TO SUBSCRIBER ANYONE FOR ANY SPECIAL, INDIRECT, LOST PROFITS OR REVENUE OR FOR INCIDENTAL, EXEMPLARYCONSEQUENTIAL, CONSEQUENTIAL PUNITIVE, COVER, SPECIAL OR PUNITIVE EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION FOR THE LOSS OR INDIRECT DAMAGES OF DATAANY TYPE OR KIND HOWEVER CAUSED, BUSINESS INTERRUPTIONWHETHER FROM BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, OR LOST PROFITS, THAT IN ANY WAY ARISE OUT OTHER LEGAL CAUSE OF OR RELATE TO THIS AGREEMENT, REGARDLESS OF THE THEORY OF RELIEF, ACTION AND WHETHER OR NOT CPI THE PARTY HAS BEEN ADVISED TO OF THE POSSIBILITY OF SUCH DAMAGES TO THE MAXIMUM EXTENT PERMITTED BY LAW. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND REGARDLESS OF ANY CLAIM OR FINDING THAT A REMEDY SUFFERS A FAILURE OF ITS ESSENTIAL PURPOSE. NOTWITHSTANDING THE FOREGOING, SO THIS SECTION SHALL LIMITATION MAY NOT APPLY WITH RESPECT TO ANY DAMAGES WHICH ARISE OUT OF OR RELATE TO CPI’S INDEMNIFICATION OBLIGATIONS UNDER THIS AGREEMENTAPPLY.

Exclusion of Consequential Damages. EXCEPT AS PROHIBITED CUSTOMER AGREES THAT THE CONSIDERATION WHICH KINETIX IS CHARGING HEREUNDER DOES NOT INCLUDE CONSIDERATION FOR ASSUMPTION BY APPLICABLE LAW, KINETIX OF THE RISK OF CUSTOMER’S INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL CPI EITHER PARTY BE LIABLE TO SUBSCRIBER ANYONE FOR ANY LOST PROFITS OR REVENUE OR FOR INCIDENTAL, CONSEQUENTIAL, PUNITIVE, COVER, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL RELIANCE OR PUNITIVE EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION FOR THE LOSS OR INDIRECT DAMAGES OF DATAANY TYPE OR KIND HOWEVER CAUSED, BUSINESS INTERRUPTIONWHETHER FROM BREACH OF WARRANTY, BREACH OR REPUDIATION OF CONTRACT, NEGLIGENCE, OR LOST PROFITS, THAT ANY OTHER LEGAL CAUSE OF ACTION FROM OR IN ANY WAY ARISE OUT OF OR RELATE TO CONNECTION WITH THIS AGREEMENT, REGARDLESS OF THE THEORY OF RELIEF, AGREEMENT (AND WHETHER OR NOT CPI THE PARTY HAS BEEN ADVISED TO OF THE POSSIBILITY OF SUCH DAMAGESDAMAGES TO THE MAXIMUM EXTENT PERMITTED BY LAW), AND REGARDLESS OR OTHERWISE SHALL IN NO EVENT EXCEED THE DIRECT DAMAGE LIMITATIONS AS SET FORTH IN LIMITATION OF ANY CLAIM OR FINDING THAT A REMEDY SUFFERS A FAILURE OF ITS ESSENTIAL PURPOSE. NOTWITHSTANDING THE FOREGOING, THIS LIABILITY SECTION SHALL NOT APPLY WITH RESPECT TO ANY DAMAGES WHICH ARISE OUT OF OR RELATE TO CPI’S INDEMNIFICATION OBLIGATIONS UNDER THIS AGREEMENTBELOW.

Exclusion of Consequential Damages. EXCEPT AS PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL CPI NEITHER PARTY WILL BE LIABLE TO SUBSCRIBER THE OTHER FOR ANY SPECIALCONSEQUENTIAL, INDIRECT, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL INDIRECT OR PUNITIVE SPECIAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, BASED ON CLAIMS OF THE OTHER PARTY OR ITS CLIENTS OR CUSTOMERS (INCLUDING WITHOUT LIMITATION CLAIMS FOR THE LOSS GOODWILL, LOST PROFITS OR USE OF DATA, BUSINESS INTERRUPTION, OR LOST PROFITS, THAT IN ANY WAY ARISE MONEY) ARISING OUT OF BREACH OF EXPRESS OR RELATE TO IMPLIED WARRANTIES, BREACH OF CONTRACT, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT, REGARDLESS EXCEPT ONLY IN THE CASE OF THE THEORY OF RELIEF, WHETHER OR NOT CPI HAS BEEN ADVISED PERSONAL INJURY WHERE AND TO THE POSSIBILITY OF EXTENT THAT APPLICABLE LAW REQUIRES SUCH DAMAGESLIABILITY; PROVIDED, AND REGARDLESS OF ANY CLAIM HOWEVER, THAT NOTHING CONTAINED HEREIN SHALL IMPAIR OR FINDING THAT A REMEDY SUFFERS A FAILURE OF ITS ESSENTIAL PURPOSE. NOTWITHSTANDING THE FOREGOING, THIS SECTION SHALL NOT APPLY WITH RESPECT TO ANY DAMAGES WHICH ARISE OUT OF OR RELATE TO CPI’S LIMIT BUSINESS PARTNER'S INDEMNIFICATION OBLIGATIONS UNDER THIS AGREEMENTSECTION 12.

Exclusion of Consequential Damages. EXCEPT AS PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL CPI BE LIABLE TO SUBSCRIBER CUSTOMER FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION FOR THE LOSS OF DATA, BUSINESS INTERRUPTION, OR LOST PROFITS, THAT IN ANY WAY ARISE OUT OF OR RELATE TO THIS AGREEMENT, REGARDLESS OF THE THEORY OF RELIEF, WHETHER OR NOT CPI HAS BEEN ADVISED TO THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF ANY CLAIM OR FINDING THAT A REMEDY SUFFERS A FAILURE OF ITS ESSENTIAL PURPOSE. NOTWITHSTANDING THE FOREGOING, THIS SECTION SHALL NOT APPLY WITH RESPECT TO ANY DAMAGES WHICH ARISE OUT OF OR RELATE TO CPI’S INDEMNIFICATION OBLIGATIONS UNDER THIS AGREEMENT.

Exclusion of Consequential Damages. EXCEPT AS PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL CPI BE LIABLE TO SUBSCRIBER FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION FOR THE LOSS OF DATA, BUSINESS INTERRUPTION, OR LOST PROFITS, THAT IN ANY WAY ARISE OUT OF OR RELATE TO THIS AGREEMENT, REGARDLESS OF THE THEORY OF RELIEF, WHETHER OR NOT CPI HAS BEEN ADVISED TO THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF ANY CLAIM OR FINDING THAT A REMEDY SUFFERS A FAILURE OF ITS ESSENTIAL PURPOSE. NOTWITHSTANDING THE FOREGOING, THIS SECTION SHALL NOT APPLY WITH RESPECT TO ANY DAMAGES WHICH ARISE OUT OF OR RELATE TO CPI’S INDEMNIFICATION OBLIGATIONS UNDER 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 (3) FOR ANY OTHER MATTER FOR WHICH LIABILITY CANNOT BE EXCLUDED BY LAW.