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

Exclusion of Incidental and Consequential Damages. NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY (NOR TO ANY PERSON CLAIMING RIGHTS DERIVED FROM THE OTHER PARTY'S RIGHTS) FOR INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND, including lost profits or revenue, loss of business, or other economic damage, and further including injury to property, AS A RESULT OF BREACH OF ANY WARRANTY OR OTHER TERM OF THIS AGREEMENT, REGARDLESS OF WHETHER THE PARTY LIABLE OR ALLEGEDLY LIABLE WAS ADVISED OR HAD OTHER REASON TO KNOW OR IN FACT KNEW OF THE POSSIBILITY THEREOF. Independent of, severable from, and to be enforced independently of any other enforceable or unenforceable provision of this Agreement, IN NO EVENT SHALL ACSC's AGGREGATE LIABILITY TO GREATE BAY (INCLUDING TO ANY PERSON OR PERSONS WHOSE CLAIM OR CLAIMS ARE BASED ON OR DERIVED FROM A RIGHT OR RIGHT CLAIMED BY GREATE BAY), WITH RESPECT TO ANY AND ALL CLAIMS AT ANY AND ALL TIMES ARISING FROM OR RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT, IN CONTRACT, TORT OR OTHERWISE, EXCEED ONE MILLION DOLLARS ($1,000,000.00).

Exclusion of Incidental and Consequential Damages. Independent of, severable from, and to be enforced independently of any other provision of this Agreement, NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY (NOR TO ANY PERSON CLAIMING RIGHTS DERIVED FROM THE OTHER PARTY'S ’S RIGHTS) FOR INCIDENTAL, CONSEQUENTIALINDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR EXEMPLARY CONSEQUENTIAL DAMAGES OF ANY KIND, including lost profits or revenueINCLUDING, loss of businessBUT NOT LIMITED TO, or other economic damageANY LOSS OF REVENUE, and further including injury to propertyLOSS OF USE, LOSS OF BUSINESS OR LOSS OF PROFITS, WHETHER SUCH ALLEGED LIABILITY ARISES IN CONTRACT OR IN TORT, AND FURTHER INCLUDING INJURY TO PROPERTY IN CONTRACT, TORT, (INCLUDING NEGLIGENCE) OR OTHERWISE, , AS A RESULT OF BREACH OF ANY WARRANTY OR OTHER TERM OF THIS AGREEMENT, INCLUDING ANY FAILURE OF PERFORMANCE, REGARDLESS OF WHETHER THE PARTY LIABLE OR ALLEGEDLY LIABLE WAS ADVISED OR ADVISED, HAD OTHER REASON TO KNOW KNOW, OR IN FACT KNEW OF THE POSSIBILITY THEREOF. Independent ofNOTWITHSTANDING, severable from, and to be enforced independently of any other enforceable or unenforceable provision of this Agreement, IN NO EVENT SHALL ACSC's AGGREGATE NOTHING HEREIN IS INTENDED TO LIMIT CUSTOMER’S LIABILITY TO GREATE BAY (INCLUDING TO FOR ANY PERSON AMOUNTS OWED FOR THE SERVICES OR PERSONS WHOSE CLAIM ANY EQUIPMENT OR CLAIMS ARE BASED ON SOFTWARE PROVIDED BY YELCOT OR DERIVED FROM A RIGHT OR RIGHT CLAIMED BY GREATE BAY), WITH RESPECT TO ANY AND ALL CLAIMS AT ANY AND ALL TIMES ARISING FROM OR RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT, IN CONTRACT, TORT OR OTHERWISE, EXCEED ONE MILLION DOLLARS ($1,000,000.00).FOR EARLY TERMINATION CHARGES