Incidental Damages Clause Samples

The Incidental Damages clause defines the types of additional costs a party may recover when the other party breaches a contract. It typically covers reasonable expenses incurred as a result of the breach, such as costs for storing, transporting, or reselling goods, or expenses related to arranging substitute performance. This clause ensures that the non-breaching party is compensated for out-of-pocket losses directly tied to the breach, helping to make them whole and discouraging breaches by allocating the financial consequences to the responsible party.
POPULAR SAMPLE Copied 11 times
Incidental Damages. Notwithstanding anything herein to the contrary, neither party shall have liability for nor duty to indemnify against any special, incidental, punitive, exemplary, or consequential Losses (including lost profits or opportunity costs), even if the parties have been advised of their possible existence.
View SourceView Similar (2)
Incidental Damages. All incidental damage caused to any portions of the Property by work for which a party or parties are responsible hereunder shall promptly be repaired at the expense of such responsible party or parties.
View Source
Incidental Damages. INDIRECT DAMAGES.
View Source
Incidental Damages. To the maximum extent permitted by applicable law, in no event will CasualStar be liable for any loss of profits or for any incidental, special, consequential or indirect damages arising out of or relating, directly or indirectly, to the use or inability to use the Website or Services, including, without limitation, damages for loss or corruption of data or programs, service interruptions and procurement of substitute services, even if CasualStar knows or has been advised of the possibility of such damages.
View Source
Incidental Damages. Your liability for LinkedIn’s incidental damages, if any, includes: (a) expenses to inspect, transport and store the Goods, (b) expenses and commissions in connection with buying replacement goods or services, and (c) any other reasonable expenses related to delivery delays or other breaches.
View Source
Incidental Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF THE LEGAL OR EQUITABLE BASIS OF ANY CLAIM, IN NO EVENT SHALL A RISCO PARTY BE LIABLE TO ANY PERSON, FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES OR LOSS OF ANY KIND, ARISING OUT OF OR IN ANY WAY RELATED TO THESE TOS AND/OR INCURRED IN CONNECTION WITH THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY DAMAGES RESULTING FROM INACCURATE OR LOST DATA, LOSS OF USE, OR INABILITY TO USE THE SERVICE OR THE PRDODUCTS OR THE CONTENT THEREOF, LACK OF AVAILABILITY (INCLUDING BUT NOT LIMITED TO LACK OF COMMUNICATION AND INTERNET), OR FROM TRANSMISSION INTERRUPTIONS, ANY INTERRUPTION OF SERVICE, MAINTENANCE, OR OTHERWISE, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), SERVICE LIABILITY OR OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER OR NOT A RISCO PARTY HAS BEEN ADVISED OF, HAS FORESEEN, OR REASONABLY COULD HAVE FORESEEN SUCH DAMAGES. FURTHER, EXCEPT AS EXPRESSLY PROVIDED UNDER THESE TERMS, IN NO EVENT SHALL A RISCO PARTY BE LIABLE HEREUNDER FOR ANY SERVICES OF ANY THIRD PARTY PROVIDER THAT ARE PROCURED OR PROVIDED BY RISCO HEREUNDER OR USED BY OR ON BEHALF OF RISCO TO PROVIDE ANY SERVICES.
View Source
Incidental Damages. The Road District is not responsible to the Village under Paragraph 7(B) of this agreement for damage caused by ordinary wear and tear on Village roads or incidental damage which may be caused by proper operation of equipment.
View SourceView Similar (2)
Incidental Damages. Notwithstanding any of the other provisions contained in this Agreement, the Seller shall protect, defend, indemnify and hold harmless to Indemnitees from and against any and all liabilities, damages, fines, penalties and costs (including legal costs and disbursement) arising from ‘or’ relating to: (i) Any breach of any statute, regulation, direction, orders or standards from any governmental body, agency, or regulator. (ii) Any claim made by third parties arising out of the use of the services of Customer being provided using the equipment supplied under the Agreement. (iii) Claims arising in connection with interruptions ‘or’ degradation of Services to Customer or End Users ‘or’ to other service providers whatsoever shall be the cause ‘or’ duration thereof; and (iv) Any claim that the equipment/services/’or’ any value addition component offered and supplied by the Seller in this Agreement, infringe any patent, trademarks or copyright of any third party.
View Source

Related to Incidental Damages

  • Incidental and Consequential Damages Contractor shall be responsible for incidental and consequential damages resulting in whole or in part from Contractor’s acts or omissions. Nothing in this Agreement shall constitute a waiver or limitation of any rights that City may have under applicable law.

  • Special Damages NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT TO THE CONTRARY, AND EXCEPT AS PROVIDED BELOW, IN NO EVENT WILL EITHER PARTY OR ANY PERSON IN ITS GROUP BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, COLLATERAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR LOST PROFITS SUFFERED BY AN INDEMNITEE, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, IN CONNECTION WITH ANY DAMAGES ARISING HEREUNDER OR THEREUNDER; PROVIDED, HOWEVER, THAT TO THE EXTENT AN INDEMNIFIED PARTY IS REQUIRED TO PAY ANY DAMAGES, INCLUDING SPECIAL, INCIDENTAL, INDIRECT, COLLATERAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR LOST PROFITS (OTHER THAN DAMAGES OR LOST PROFITS CONSTITUTING EXCLUDED LIABILITIES), TO A PERSON WHO IS NOT IN EITHER GROUP IN CONNECTION WITH A THIRD PARTY CLAIM, SUCH DAMAGES WILL CONSTITUTE DIRECT DAMAGES AND WILL NOT BE SUBJECT TO THE LIMITATION SET FORTH IN THIS SECTION 11.17.

  • Liability for Incidental and Consequential Damages Contractor shall be responsible for incidental and consequential damages resulting in whole or in part from Contractor’s acts or omissions.

  • Actual Damages Contractor is liable to CMHA for all actual and direct damages caused by Contractor’s default. In the event Contractor fails to provide services or material as provided for in the Contract Documents, CMHA may substitute the services and/or material from a third party. CMHA may recover the costs associated with acquiring substitute services and/or materials, less any expense or costs saved by Contractor’s default, from Contractor.

  • Consequential Damages Neither party to this Agreement shall be liable to the other party for special, indirect or consequential damages under any provision of this Agreement or for any special, indirect or consequential damages arising out of any act or failure to act hereunder.