Limitation of Liability. Each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, or punitive damages.
Appears in 327 contracts
Sources: Standard Small Generator Interconnection Agreement, Standard Small Generator Interconnection Agreement, Interconnection Agreement
Limitation of Liability. Each 8.3.1 Except for any indemnification obligations of the Parties hereunder, each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, injury or liability or expense, including reasonable attorney’s fees, fees relating to or arising from out of any negligent act or omission in its performance of this AgreementAgreement whether in contract or in tort, shall be limited to a credit for the amount actual cost of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, services or punitive damagesfunctions not performed or improperly performed.
Appears in 135 contracts
Sources: Resale Agreement, Resale Agreement, Resale Agreement
Limitation of Liability. Each Party’s 's liability to the other Parties Party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s 's fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any either Party be liable to the other Parties Party for any indirect, special, consequential, or punitive damages, except as authorized by this Agreement.
Appears in 76 contracts
Sources: Small Generator Interconnection Agreement, Small Generator Interconnection Agreement (Sgia), Small Generator Interconnection Agreement
Limitation of Liability. Each 7.3.1 Except for any indemnification obligations of the Parties hereunder, each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, liability or expense, including reasonable attorney’s fees, attorneys’ fees relating to or arising from out of any negligent act or omission in its performance of this Agreement, whether in contract or in tort, shall be limited to a credit for the amount actual cost of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, services or punitive damagesfunctions not performed or improperly performed.
Appears in 64 contracts
Sources: Clec Agreement, Bellsouth® / Clec Agreement, Bellsouth® / Clec Agreement
Limitation of Liability. Each 7.3.1 Except for any indemnification obligations of the Parties hereunder, each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, injury or liability or expense, including reasonable attorney’s fees, attorneys’ fees relating to or arising from out of any negligent act or omission in its performance of this AgreementAgreement whether in contract or in tort, shall be limited to a credit for the amount actual cost of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, services or punitive damagesfunctions not performed or improperly performed.
Appears in 57 contracts
Sources: Clec Agreement, Clec Agreement, Clec Agreement
Limitation of Liability. Each Party’s 's liability to the other Parties for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s 's fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, or punitive damages, except as authorized by this Agreement.
Appears in 53 contracts
Sources: Small Generator Interconnection Agreement, Small Generator Interconnection Agreement, Small Generator Interconnection Agreement (Sgia)
Limitation of Liability. Each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, or punitive damages.
Appears in 47 contracts
Sources: Service Agreement, Interconnection Agreement, Standard Small Generator Interconnection Agreement
Limitation of Liability. 8.4.1 Each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, injury or liability or expense, including reasonable attorney’s fees, fees relating to or arising from out of any negligent act or omission in its performance of this AgreementAgreement whether in contract or in tort, shall be limited to a credit for the amount actual cost of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, services or punitive damagesfunctions not performed or improperly performed.
Appears in 45 contracts
Sources: Bellsouth® / Clec Agreement, Bellsouth® / Clec Agreement, Bellsouth® / Clec Agreement
Limitation of Liability. Each Party’s liability to the other Parties Party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any either Party be liable to the other Parties Party for any indirect, special, consequential, or punitive damages.
Appears in 39 contracts
Sources: Small Generator Interconnection Agreement, Small Generator Interconnection Agreement, Small Generator Interconnection Agreement
Limitation of Liability. 7.3.1 Each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, injury or liability or expense, including reasonable attorney’s fees, fees relating to or arising from out of any negligent act or omission in its performance of this AgreementAgreement whether in contract or in tort, shall be limited to a credit for the amount actual cost of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, services or punitive damagesfunctions not performed or improperly performed.
Appears in 33 contracts
Sources: Telecommunications, Interconnection Agreement, Bellsouth® / Clec Agreement
Limitation of Liability. Each Partyparty’s liability to the other Parties party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party either party be liable to the other Parties party for any indirect, incidental, special, consequential, or punitive damagesdamages of any kind whatsoever.
Appears in 33 contracts
Sources: Residential Interconnection Application and Service Agreement, Interconnection Application and Service Agreement, Residential Interconnection Application and Service Agreement
Limitation of Liability. Each Party’s liability to the other Parties Party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreementhereunder, shall be limited to the amount of direct damage actually incurred. In no event shall any either Party be liable to the other Parties Party for any indirect, special, incidental, consequential, or punitive damagesdamages of any kind.
Appears in 30 contracts
Sources: Generator Interconnection Procedures, Generator Interconnection Agreement, Interconnection Procedures
Limitation of Liability. Each Party’s liability to the other Parties Party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its it performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any either Party be liable to the other Parties Party for any indirect, special, consequential, or punitive damages, except as authorized by this Agreement.
Appears in 29 contracts
Sources: Small Generator Interconnection Agreement (Sgia), Service Agreement, Service Agreement
Limitation of Liability. Each 7.3.1 Except for any indemnification obligations of the Parties hereunder, each Party’s liability to the other Parties for any loss, cost, claim, injury, injury or liability, or expense, including reasonable attorney’s fees, attorneys’ fees relating to or arising from out of any negligent act or omission in its performance of this Agreement, whether in contract or in tort, shall be limited to a credit for the amount actual cost of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, services or punitive damagesfunctions not performed or improperly performed.
Appears in 25 contracts
Sources: Clec Agreement, Clec Agreement, Clec Agreement
Limitation of Liability. Each Partyparty’s liability to the other Parties party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreementhereunder, shall be limited to the amount of direct damage actually incurred. In no event shall any Party either party be liable to the other Parties party for any indirect, special, incidental, consequential, or punitive damagesdamages of any kind.
Appears in 23 contracts
Sources: Electric Service Agreement, Electric Service Agreement, Electric Service Agreement
Limitation of Liability. Each 6.3.1 Except for any indemnification obligations of the Parties hereunder, each Party’s liability to the other Parties for any loss, cost, claim, injury, injury or liability, or expense, including reasonable attorney’s fees, attorneys’ fees relating to or arising from out of any negligent act or omission in its performance of this Agreement, whether in contract or in tort, shall be limited to a credit for the amount actual cost of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, services or punitive damagesfunctions not performed or improperly performed.
Appears in 22 contracts
Sources: Resale Agreement, Clec Agreement, Resale Agreement
Limitation of Liability. Each Party’s liability to the other Parties Party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any either Party be liable to the other Parties Party for any indirect, special, incidental, consequential, or punitive damagesdamages of any kind, except as authorized by this Agreement.
Appears in 21 contracts
Sources: Generator Interconnection Agreement, Interconnection Procedures, Interconnection Agreement
Limitation of Liability. Each Partyparty’s liability to the other Parties party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreementthese terms and conditions, shall be limited to the amount of direct damage actually incurred. In no event shall any Party either party be liable to the other Parties party for any indirect, incidental, special, consequential, or punitive damagesdamages of any kind whatsoever.
Appears in 20 contracts
Sources: Interconnection Agreement, Interconnection Application/Agreement, Interconnection Agreement
Limitation of Liability. Each Party’s 's liability to the other Parties Party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s 's fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any either Party be liable to the other Parties Party for any indirect, incidental, special, consequential, or punitive damagesdamages of any kind whatsoever.
Appears in 18 contracts
Sources: Customer Owned Generating Facilities Interconnection Agreement, Customer Owned Generating Facilities Interconnection Agreement, Customer Owned Generating Facilities Interconnection Agreement
Limitation of Liability. Each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party party be liable to the any other Parties party for any indirect, special, consequential, punitive, incidental, exemplary or punitive damagessimilar damages or losses regardless of the grounds or nature of any claim asserted (including without limitation contract, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇, ▇▇▇▇▇▇ liability or otherwise) and whether or not the party seeking the indemnification was advised of the possibility of the damage or loss asserted.
Appears in 16 contracts
Sources: Sub Advisory Agreement (Great-West Funds Inc), Sub Advisory Agreement (Great-West Funds Inc), Investment Advisory Agreement (Great-West Funds Inc)
Limitation of Liability. Each Party’s liability to the other Parties Party for any loss, cost, claim, injury, liability, or expense, including court costs and reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage or liability actually incurred. In no event shall any either Party be liable to the other Parties Party for any indirect, incidental, special, consequential, or punitive damagesdamages of any kind whatsoever.
Appears in 14 contracts
Sources: Agreement Between the Company and the Company’s Retail Customer, Interconnection Service Agreement, Interconnection Service Agreement
Limitation of Liability. Each Party’s 's liability to the other Parties Party(ies) for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s 's fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any a Party be liable to the other Parties another Party for any indirect, special, consequential, or punitive damages, except as authorized by this Agreement.
Appears in 12 contracts
Sources: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement
Limitation of Liability. Each Party’s liability to the other Parties Party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreementhereunder, shall be limited to the amount of direct damage actually incurred. In no event shall any either Party be liable to the other Parties Party for any indirect, special, incidental, consequential, or punitive damagesdamages of any kind.
Appears in 12 contracts
Sources: Interconnection Procedures, Interconnection Procedures, Interconnection Procedures
Limitation of Liability. Each Party’s liability to the other Parties Party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party be liable to the other Parties Party for any indirect, special, consequential, or punitive damages.
Appears in 11 contracts
Sources: Service Agreement, Standard Small Generator Interconnection Agreement, Service Agreement
Limitation of Liability. Each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party be liable to the any other Parties for any indirect, incidental, special, consequential, or punitive damagesdamages of any kind whatsoever, except as allowed under paragraph 6.0.
Appears in 10 contracts
Sources: Standard Large Generator Interconnection Agreement (Lgia), Transmission Wheeling Agreements, Open Access Transmission Tariff (Oatt)
Limitation of Liability. Each Party’s liability to To the other Parties for any lossfullest extent allowed by law, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any consequential, incidental, indirect, specialspecial or punitive damages incurred by another Party and connected with, consequentialarising from or related to this Agreement , including but not limited to loss of good will, cost of capital, claims of customers and lost profits or revenue, whether or not such loss or damages is based in contract, warranty, tort, negligence, strict liability, indemnity, or punitive otherwise, even if a party has been advised of the possibility of such damages.
Appears in 9 contracts
Sources: Capacity Release Agreement, Capacity Release Agreement, Capacity Release Agreement
Limitation of Liability. Each Party’s liability to the other Parties PartiesParty for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any anyeither Party be liable to the other Parties PartiesParty for any indirect, special, consequential, or punitive damages.
Appears in 9 contracts
Sources: Standard Small Generator Interconnection Agreement (Sgia), Standard Small Generator Interconnection Agreement (Sgia), Standard Small Generator Interconnection Agreement (Sgia)
Limitation of Liability. Each Party’s liability to the other Parties Party for any loss, cost, claim, injury, liability, liability or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any either Party be liable to the other Parties Party for any indirect, incidental, special, consequential, or punitive damages of any kind whatsoever, provided that in no such even shall death, bodily injury or third party claims be construed as an indirect or consequential damages.
Appears in 8 contracts
Sources: Interconnection Request Application Form and Distributed Generation Interconnection Agreement, Interconnection Request Application Form and Distributed Generation Interconnection Agreement, Interconnection Agreement
Limitation of Liability. Each 10.4.1 Except for any indemnification obligations of the Parties hereunder, and except in cases of the provisioning Party’s gross negligence or willful misconduct, each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, liability or expense, including reasonable attorney’s fees, attorneys’ fees relating to or arising from out of any negligent act or omission in its performance of this Agreement, whether in contract or in tort, shall be limited to a credit for the amount actual cost of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, services or punitive damagesfunctions not performed or improperly performed.
Appears in 8 contracts
Sources: MFN Agreement, Interconnection Agreement, MFN Agreement
Limitation of Liability. Each 6.3.1 Except for any indemnification obligations of the Parties hereunder, each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, injury or liability or expense, including reasonable attorney’s fees, attorneys’ fees relating to or arising from out of any negligent act or omission in its performance of this AgreementAgreement whether in contract or in tort, shall be limited to a credit for the amount actual cost of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, services or punitive damagesfunctions not performed or improperly performed.
Appears in 8 contracts
Sources: MFN Agreement, MFN Agreement, MFN Agreement
Limitation of Liability. Each No Party shall be liable for any indirect or consequential loss or similar damages such as but not limited to loss of profit, loss of revenue, loss of contract or the like. For any remaining contractual liability, each Party’s total aggregate liability under this Consortium Agreement towards the other Party in respect of any and all such claims shall not exceed that Party’s budget contribution (in cash and/or in kind) as foreseen in the Budget, except for and to the other Parties for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any extent that such damage was caused by a willful act or omission in its performance gross negligence. The terms of this Agreement, Consortium Agreement shall not be limited construed to the amount of direct damage actually incurred. In no event shall amend or limit any Party be liable to the other Parties for any indirect, special, consequential, or punitive damagesParty’s statutory liability.
Appears in 8 contracts
Sources: Consortium Agreement, Consortium Agreement, Consortium Agreement
Limitation of Liability. Each Party’s 's liability to the other Parties Party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any either Party be liable to the other Parties Party for any indirect, incidental, special, consequential, or punitive damages of any kind whatsoever, provided that in no event shall death, bodily injury or third- party claims be construed as indirect or consequential damages.
Appears in 6 contracts
Sources: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement
Limitation of Liability. Each Party’s liability to the other Parties Party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any either Party be liable to the other Parties Party for any indirect, special, consequential, or punitive damages, except as authorized by this Agreement.
Appears in 6 contracts
Sources: Distributed Energy Resource Interconnection Agreement, Distributed Energy Resource Interconnection Agreement, Distributed Energy Resource Interconnection Agreement
Limitation of Liability. Each Party’s 's liability to the other Parties Party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any either Party be liable to the other Parties Party for any indirect, incidental, special, consequential, or punitive damages of any kind whatsoever, provided that in no event shall death, bodily injury or third-party claims be construed as indirect or consequential damages.
Appears in 6 contracts
Sources: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement
Limitation of Liability. Each Party’s liability to the other Parties Party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreementhereunder, shall will be limited to the amount of direct damage actually incurred. In no event shall any will either Party be liable to the other Parties Party for any indirect, special, incidental, consequential, or punitive damagesdamages of any kind.
Appears in 5 contracts
Sources: Interconnection Procedures, Interconnection Agreement, Interconnection Agreement
Limitation of Liability. Each Partyparty’s liability to the other Parties party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, or punitive damages.or
Appears in 5 contracts
Sources: Electric Service Agreement, Electric Service Agreement, Electric Service Agreement
Limitation of Liability. Each Party’s No party shall be responsible to any other party for any indirect or consequential loss or similar damage such as, but not limited to, loss of profit, loss of revenue or loss of contracts. The liability of each party to the other Parties for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited in all events to the amount a maximum sum of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, or punitive damages€10,000.
Appears in 5 contracts
Sources: Cooperation Agreement, Cooperation Agreement, Cooperation Agreement
Limitation of Liability. Each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s 's fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, or punitive damages, except as authorized by this Agreement.
Appears in 5 contracts
Sources: Small Generator Interconnection Agreement, Small Generator Interconnection Agreement, Small Generator Interconnection Agreement
Limitation of Liability. Each Partyparty’s liability to the other Parties party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission omissions in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party either party be liable to the other Parties party for any indirect, incidental, special, consequential, or punitive damagesdamages of any kind whatsoever.
Appears in 5 contracts
Sources: Interconnection and Service Agreement, Interconnection and Service Agreement, Interconnection Application & Service Agreement
Limitation of Liability. Each Party’s 's liability to the other Parties Party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s 's fees, relating to or arising from any act or omission in its performance of this Agreementhereunder, shall be limited to the amount of direct damage actually incurred. In no event shall any either Party be liable to the other Parties Party for any indirect, special, incidental, consequential, or punitive damagesdamages of any kind.
Appears in 5 contracts
Sources: Generator Interconnection Procedures, Interconnection Procedures, Interconnection Procedures
Limitation of Liability. Each Party’s liability If any Party shall be liable to the other Parties for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, matter relating to or arising from any act or omission in its performance of connection with this Agreement, shall be limited to the amount of direct damage actually incurred. In whether based on an action or claim in contract, equity, negligence, intended conduct, tort or otherwise, in no event shall the measure of damages include, nor shall any Party be liable to the other Parties for, any amounts for any loss of income, profit or savings or indirect, specialincidental, consequential, or punitive damagesdamages of any Party or any third parties.
Appears in 4 contracts
Sources: Management Agreement (Bounty Investments, LLC), Management Agreement (Deerfield Capital Corp.), Management Agreement (Deerfield Capital Corp.)
Limitation of Liability. Each Party’s liability to the other Parties Party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. SERVICE AGREEMENT NO. 2624 In no event shall any either Party be liable to the other Parties Party for any indirect, special, consequential, or punitive damages.
Appears in 4 contracts
Sources: Standard Small Generator Interconnection Agreement, Service Agreement, Standard Small Generator Interconnection Agreement
Limitation of Liability. Each Except as set forth in this Article: (a) no Party shall be liable to another Party’s liability to the other Parties , directly or indirectly, for any loss, cost, claim, injury, liability, damages or expense, including reasonable attorney’s fees, relating losses of any kind sustained due to or arising from any act or omission in failure to perform its performance of obligations under this Agreement, unless such failure to perform was malicious or reckless; and (b) any liability of a Party to another Party shall be limited to the amount of direct damage actually incurred. In damages, and no event shall any Party be liable lost profits, damages to the other Parties compensate for any indirectlost goodwill, special, consequentialconsequential damages, or punitive damagesdamages shall be sought or awarded.
Appears in 4 contracts
Sources: Joint Reliability Coordination Agreement, Joint Reliability Coordination Agreement, Joint Reliability Coordination Agreement
Limitation of Liability. Each Party’s 's liability to the other Parties Party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s 's fees, relating to or arising from any act or omission in its performance of this Agreementagreement, shall be limited to the amount of direct damage actually incurred. In no event shall any either Party be liable to the other Parties Party for any indirect, special, consequential, or punitive damagesdamages of any kind whatsoever.
Appears in 4 contracts
Sources: Model Distributed Generation Interconnection Procedures and Agreement, Model Interconnection Procedures and Agreement for Small Distributed Generation Resources, Model Interconnection Procedures and Agreement for Small Distributed Generation Resources
Limitation of Liability. Each Party’s 's liability to the other Parties party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s 's fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any either Party be liable to the other Parties party for any indirect, incidental, special, consequential, or punitive damagesdamages of any kind whatsoever, except as allowed under paragraph 7.0.
Appears in 4 contracts
Sources: Level 1 Interconnection Agreement, Interconnection Agreement, Level 1 Interconnection Agreement
Limitation of Liability. Each Partyparty’s liability to the other Parties party for any loss, cost, claim, injury, liability, judgment or expense, including reasonable attorney’s attorney fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party either party be liable to the other Parties party for any indirect, incidental, special, consequential, or punitive damagesdamages of any kind whatsoever.
Appears in 4 contracts
Sources: Generator Interconnect Agreement, Generator Interconnect Agreement, Generator Interconnect Agreement
Limitation of Liability. Each Party’s liability Except for willful misconduct or gross negligence, in no event will any party be liable to any other party for any damage, cost, claim of any nature whatsoever, including, without limitation, any lost profits, collateral, consequential, incidental, special or indirect damages, costs or claims arising out of or relating to the provision by such party of any Services to the other Parties for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, or punitive damagesparty.
Appears in 4 contracts
Sources: Agreement and Plan of Merger (Mecklermedia Corp), Agreement and Plan of Merger (Penton Media Inc), Agreement and Plan of Merger (Penton Media Inc)
Limitation of Liability. Each Party’s 's liability to the other Parties Party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s 's fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any either Party be liable to the other Parties Party for any indirect, special, consequential, or punitive damages, except as authorized by this Agreement.
Appears in 3 contracts
Sources: Small Generator Interconnection Agreement (Sgia), Standard Small Generator Interconnection Agreement (Sgia), Standard Small Generator Interconnection Agreement (Sgia)
Limitation of Liability. Each Except for any indemnification obligations of the Parties hereunder, each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, Loss relating to or arising from out of any cause whatsoever, including any negligent act or omission (whether willful or inadvertent) whether based in its contract, tort, strict liability or otherwise, relating to the performance of this Agreement, shall be limited to not exceed a credit for the amount actual cost of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirectfacilities, specialproducts, consequential, services or punitive damagesfunctions not performed or provided or improperly performed or provided.
Appears in 3 contracts
Sources: Interconnection Agreement, Interconnection Agreement, Telecommunications
Limitation of Liability. Each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party Party, its officers, employees or agents be liable to the other Parties Party (on the basis of breach of contract, indemnity, warranty or tort, including negligence and strict or absolute liability, or breach of statutory duty or otherwise) for any indirectmatter arising out of or in connection with this Agreement in respect of any Consequential Loss suffered by the other Party. Each Party undertakes not to ▇▇▇ the other Party, specialits officers, consequentialemployees, agents or punitive damagessub-contractors in respect of such Consequential Loss.
Appears in 3 contracts
Sources: Leave and License Agreement, Leave and License Agreement, Leave and License Agreement
Limitation of Liability. Each 7.3.1 Except for any indemnification obligations of the Parties hereunder, each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, injury or liability or expense, including reasonable attorney’s fees, fees relating to or arising from out of any negligent act or omission in its performance of this AgreementAgreement whether in contract or in tort, shall be limited to a credit for the amount actual cost of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, services or punitive damagesfunctions not performed or improperly performed.
Appears in 3 contracts
Sources: Clec Agreement, Interconnection Agreement, Interconnection Agreement
Limitation of Liability. Each 6.3.1 Except for any indemnification obligations of the Parties hereunder, each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, liability or expense, including reasonable attorney’s fees, attorneys’ fees relating to or arising from out of any negligent act or omission in its performance of this Agreement, whether in contract or in tort, shall Version – 11/12/03 be limited to a credit for the amount actual cost of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, Services not performed or punitive damagesimproperly performed.
Appears in 3 contracts
Sources: Telecommunications, Bellsouth® / Clec Agreement, MBR Agreement
Limitation of Liability. Each 8.4.1 Except for any indemnification obligations of the Parties hereunder, each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, injury or liability or expense, including reasonable attorney’s fees, fees relating to or arising from out of any act or omission in its performance of this AgreementAgreement whether in contract or in tort, shall be limited to a credit for the amount actual cost of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, services or punitive damagesfunctions not performed or improperly performed except in instances of gross negligence or fraudulent misrepresentation or willful or wanton misconduct.
Appears in 3 contracts
Sources: Interconnection Agreement, Clec Agreement, Interconnection Agreement
Limitation of Liability. Each Partyparty’s liability to the other Parties party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to to, or arising from from, any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party either party be liable to the other Parties party for any indirect, incidental, special, consequential, or punitive damagesdamages of any kind whatsoever.
Appears in 3 contracts
Sources: Interconnection Application & Service Agreement, Interconnection Application & Service Agreement, Interconnection Application & Service Agreement
Limitation of Liability. Each Except for any indemnification obligations of the Parties hereunder, each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, liability or expense, including reasonable attorney’s fees, attorneys’ fees relating to or arising from out of any act cause whatsoever, whether based in contract, negligence or omission in its other tort, strict liability or otherwise, relating to the performance of this Agreement, shall be limited to not exceed a credit for the amount actual cost of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, services or punitive damages.functions not performed or
Appears in 3 contracts
Sources: Telecommunications, Telecommunications, Telecommunications
Limitation of Liability. Each Partyparty’s liability to the other Parties party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreementagreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party either party be liable to the other Parties party for any indirect, incidental, special, consequential, or punitive damagesdamages of any kind whatsoever.
Appears in 3 contracts
Sources: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement
Limitation of Liability. Each Partyparty’s liability to the other Parties party for any loss, cost, claim, injury, liability, judgment or expense, including reasonable attorney’s attorney fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party either party be liable to the other Parties for party from any indirect, incidental, special, consequential, or punitive damagesdamages of any kind whatsoever.
Appears in 3 contracts
Sources: Small Generation System Interconnection Agreement, Small Generation System Interconnection Agreement, Small Generation System Interconnection Agreement
Limitation of Liability. Each Party’s 's liability to the other Parties Party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s 's fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In I no event shall any either Party be liable to the other Parties Party for any indirect, incidental, special, consequential, or punitive damages of any kind whatsoever, provided that in no event shall death, bodily injury or third-party claims be construed as indirect or consequential damages.
Appears in 2 contracts
Sources: Interconnection Agreement, Interconnection Agreement
Limitation of Liability. Each Party’s party's liability to the other Parties party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s 's fees, relating to or arising from any act or omission in its performance of this Agreementhereunder, shall be limited to the amount of direct damage actually incurred. In no event shall any Party either party be liable to the other Parties party for any indirect, special, incidental, consequential, or punitive damagesdamages of any kind.
Appears in 2 contracts
Sources: Interconnection Agreement, Interconnection Agreement
Limitation of Liability. Each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party be liable to the any other Parties Party for any consequential, indirect, specialincidental, consequentialpunitive, exemplary, special or punitive damagessimilar damages or lost profits suffered, directly or indirectly, by any Party. Each Party shall be discharged from any and all liability with respect to services performed and any loss or damage Claims arising out of this Agreement or the Schedule unless suit or action is commenced within two years after the applicable cause of action arises.
Appears in 2 contracts
Sources: Master Terminal Services Agreement (Valero Energy Partners Lp), Master Terminal Services Agreement (Valero Energy Partners Lp)
Limitation of Liability. Each Party’s liability to the other The Parties for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party not be liable to the other Parties or any other person or entity (under contract, strict liability, negligence, or other theory) for any special, indirect, specialexemplary, consequentialincidental, or punitive consequential damages, including ANY SUCH DAMAGES BASED ON lost profits, opportunities or savings, arising out of or related to the subject matter of this Agreement, even if advised of the possibility of the foregoing.
Appears in 2 contracts
Sources: Settlement, Release and Cross License Agreement (Juniper Networks Inc), Settlement Agreement (Palo Alto Networks Inc)
Limitation of Liability. Each 6.3.1 Except for any indemnification obligations of the Parties hereunder, each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, liability or expense, including reasonable attorney’s fees, attorneys’ fees relating to or arising from out of any negligent act or omission in its performance of this Agreement, whether in contract or in tort, shall be limited to a credit for the amount actual cost of direct damage actually incurredthe Services not performed or improperly performed. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, or punitive damages.Version – 11/12/03
Appears in 2 contracts
Sources: Clec Agreement, Bellsouth® / Clec Agreement
Limitation of Liability. Each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party party be liable to the any other Parties party for any indirect, special, consequential, punitive, incidental, exemplary, or punitive damagessimilar damages or losses regardless of the grounds or nature of any claim asserted (including without limitation contract, statute, negligence, tort, strict liability or otherwise) and whether or not the party seeking the indemnification was advised of the possibility of the damage or loss asserted.
Appears in 2 contracts
Sources: Sub Advisory Agreement (Empower Funds, Inc.), Sub Advisory Agreement (Empower Funds, Inc.)
Limitation of Liability. Each To the maximum extent permitted by applicable law, each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance breach of this Agreement, shall and the other Party’s sole and exclusive remedy, for any cause whatsoever and regardless of the form of action (whether in contract or in tort, including negligence) will be limited to the amount of actual, direct damage actually incurreddamages, not to exceed $10,000. In no event shall any will either Party be liable to the other Parties Party for any indirectlost profits, loss of business, or other consequential, special, consequentialincidental, indirect, exemplary or punitive damagesdamages arising out of or related to this Agreement.
Appears in 2 contracts
Sources: Academic Affiliation Agreement, Academic Affiliation Agreement
Limitation of Liability. Each Partyparty’s liability to the other Parties party for any loss, cost, cost claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreementhereunder, shall be limited to the amount of direct damage actually incurred. In no event shall any Party either party be liable to the other Parties party for any indirect, special, incidental, consequential, or punitive damagesdamages or any kind.
Appears in 2 contracts
Sources: Interconnection Service Agreement, Interconnection Service Agreement
Limitation of Liability. Each Party’s 's liability to the other Parties for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s 's fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, or punitive damages, except as authorized by this Agreement.
Appears in 2 contracts
Sources: Small Generator Interconnection Agreement (Sgia), Small Generator Interconnection Agreement
Limitation of Liability. 7.1. Each Party’s liability to the other Parties Party will be responsible for any loss, cost, claim, injurydamage, liability, claim or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be but not limited to the amount of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirectreasonable attorneys’ fees and court costs, special, consequentialcaused by its own gross negligence or intentional misconduct, or punitive damagesfor the acts of its agents, employees and contractors.
Appears in 2 contracts
Sources: Fiber Optic Build Agreement, Fiber Optic Build Agreement
Limitation of Liability. Each Party’s liability In no event shall a Party be liable to the any other Parties Party for any lossindirect, costincidental, claimspecial, injury, liability, punitive or expense, including reasonable attorney’s fees, relating consequential damages in any way related to this Agreement or arising from any act the performance or omission in its non-performance of this Agreement, shall be under any theory of law or equity, including but not limited to the amount of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirectto, specialcontract, consequential, tort or punitive damagesstrict liability.
Appears in 2 contracts
Sources: Asset Purchase and License Agreement, Asset Purchase and License Agreement (Coley Pharmaceutical Group, Inc.)
Limitation of Liability. Each Partyparty’s liability to the other Parties party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct direct, damage actually incurred. In no event shall any Party either party be liable to the other Parties party for any indirect, incidental, special, consequential, or punitive damagesdamages of any kind whatsoever.
Appears in 2 contracts
Sources: Interconnection Agreement, Interconnection Agreement
Limitation of Liability. Each 6.3.1 Except for any indemnification obligations of the Parties hereunder, each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, liability or expense, including reasonable attorney’s fees, attorneys’ fees relating to or arising from out of any negligent act or omission in its performance of this Agreement, whether in contract or in tort, shall be limited to a credit for the amount actual cost of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, Services not performed or punitive damagesimproperly performed.
Appears in 2 contracts
Sources: Market Based Rates Agreement, MBR Agreement
Limitation of Liability. Each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, Party shall be limited to the amount of direct damage actually incurred. In no event shall any Party be liable to the other Parties only for actual damages and not for any indirect, special, consequential, incidental or punitive damagesindirect damages arising out of this Agreement, however caused, under any theory of liability.
Appears in 2 contracts
Sources: License Agreement (MultiVir Inc.), License Agreement (MultiVir Inc.)
Limitation of Liability. Each Partyparty’s liability to the other Parties party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party either party be liable to the other Parties party for any indirect, incidental, special, consequential, or punitive damagesdamages of any kind whatsoever, except as allowed under paragraph 6.0.
Appears in 2 contracts
Sources: Standard Small Generator Interconnection Agreement, Standard Small Generator Interconnection Agreement (Sgia)
Limitation of Liability. Each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party be liable to the any other Parties Party for any consequential, indirect, specialincidental, consequentialpunitive, exemplary, special or punitive damagessimilar damages or lost profits suffered, directly or indirectly, by any Party. Each Party shall be discharged from any and all liability with respect to services performed and any loss or damage Claims arising out of the Schedule or this Agreement unless suit or action is commenced within two years after the applicable cause of action arises.
Appears in 2 contracts
Sources: Master Transportation Services Agreement (Valero Energy Partners Lp), Master Transportation Services Agreement (Valero Energy Partners Lp)
Limitation of Liability. Each Party’s liability to the other Parties PartiesParty for any loss, cost, claim, injury, liability, or expense, ,including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any anyeither Party be liable to the other Parties PartiesParty for any indirect, special, consequential, or punitive orpunitive damages.
Appears in 1 contract
Sources: Standard Small Generator Interconnection Agreement (Sgia)
Limitation of Liability. Each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, No Party hereto shall be limited to the amount of direct damage actually incurred. In no event shall any Party be liable to the another Party hereto for such other Parties for any Party's lost profits, loss of use, lost revenues or other indirect, specialincidental, consequentialspecial or consequential damages arising from or relating to a Party's performance, non-performance, breach or punitive damagesdefault under a covenant, warranty, representation, term or condition hereof.
Appears in 1 contract
Sources: Stock Purchase and Sale Agreement (Unitedglobalcom Inc)
Limitation of Liability. 3.3.1 Each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, injury or liability or expense, including reasonable attorney’s fees, fees relating to or arising from out of any negligent act or omission in its performance of this AgreementAgreement whether in contract or in tort, shall be limited to a credit for the amount actual cost of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, services or punitive damagesfunctions not performed or improperly performed.
Appears in 1 contract
Sources: Interconnection Agreement
Limitation of Liability. Each Party’s liability to 18.1 To the other Parties for any lossmaximum extent permitted by law, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party will be liable to the other Parties Party for any indirectlost profits, speciallost business, consequentialindirect losses, consequential damages or punitive damagesdamages for breach of this Agreement regardless of the form of the claim.
Appears in 1 contract
Limitation of Liability. 18.1. Each Party’s liability to Party shall be held liable for direct damages that may arise or be claimable under this Agreement by the other Parties Party. This will not include any indirect or consequential damages.
18.2. Each Party shall be held liable for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in on its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequentialpart, or punitive damageson the part of its employees, contractors or agents, whether such act arises out of contract or delict.
Appears in 1 contract
Sources: Lease Agreement
Limitation of Liability. Each Party’s 's liability to the other Parties PartiesParty for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s 's fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any anyeither Party be liable to the other Parties PartiesParty for any indirect, special, consequential, or punitive damages, except as authorized by this Agreement.
Appears in 1 contract
Limitation of Liability. Each Party’s Except in connection with injury or loss of life, each Party limits its total liability for loss or damage in connection with its actions in fulfilling its obligations under this Agreement to the other Parties for any lossactual damages or $10,000, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurredwhichever is less. In no event shall any No Party will be liable to the other Parties for any indirect, special, consequentialpunitive, or punitive damagesconsequential losses or damage.
Appears in 1 contract
Sources: Research and Development Instructional Experience Agreement
Limitation of Liability. Each Party’s liability to the other Parties party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreementthese terms and conditions, shall be limited to the amount of direct damage actually incurred. In no event shall any Party either party be liable to the other Parties party for any indirect, incidental, special, consequential, or punitive damagesdamages of any kind whatsoever.
Appears in 1 contract
Limitation of Liability. Each Party’s Party acknowledges and agrees that the total aggregate liability of both Parties and their respective Affiliates (whether arising under contract, negligence, tort, breach of statutory duty or otherwise) to the other Parties for Party or any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, third parties shall be limited not exceed an amount equal to the amount sum of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, or punitive damagesTechnical Integration Fee plus the Fee Deposit.
Appears in 1 contract
Limitation of Liability. Each Party’s All claims of liability to between the other Parties for any lossshall, costregardless of the form or cause of action, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In damages and in no event shall any either Party be liable to the other Parties Party or to any third party for any indirect, incidental, special, consequentialconsequential (including, without limitation, damages attributed to lost profits, loss of goodwill, or business interruption) punitive and exemplary damages, even if the other Party has been advised of the possibility of such damages.
Appears in 1 contract
Sources: Strategic Alliance Agreement (Provident Mortgage Capital Associates, Inc.)
Limitation of Liability. Each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred8.1. In no event shall any either Party be liable to the other Parties Party, whether under breach of contract, tort (including negligence), strict liability or any other theory of liability, whenever arising, for any indirectconsequential, punitive, special, consequential, or punitive damagesindirect damages of any nature.
Appears in 1 contract
Sources: Inter Connect Agreement
Limitation of Liability. Each Party’s liability to the other Parties Party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any either Party be liable to the other Parties Party for any indirect, incidental, special, consequential, or punitive damagesdamages of any kind whatsoever, except as allowed under the Indemnification Section of the Agreement.
Appears in 1 contract
Sources: Certificate of Completion and Interconnection Agreement
Limitation of Liability. Each Party’s liability to the other Parties Party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any either Party be liable to the other Parties Party for any indirect, special, consequential, or punitive damages, except as specifically authorized by this Agreement.
Appears in 1 contract
Sources: Interconnection Agreement
Limitation of Liability. Each Party’s 's liability to the other Parties Partyies for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s 's fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall either any Party be liable to the other Parties Partyies for any indirect, special, consequential, or punitive damages, except as authorized by this Agreement.
Appears in 1 contract
Limitation of Liability. Each Party’s party's liability to the other Parties party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s 's fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party either party be liable to the other Parties party for any indirect, incidental, special, consequential, or punitive damagesdamages of any kind whatsoever, except as allowed under paragraph 6.0.
Appears in 1 contract
Sources: Interconnection Agreement
Limitation of Liability. Each Party’s liability to The Parties agree that the other Parties for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of liable for direct damage actually incurred. In damages only and that no event Party shall any Party be liable to the other Parties for any indirect, special, consequential, incidental or punitive damagesconsequential damages in connection with the Agreement.
Appears in 1 contract
Limitation of Liability. Each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, Party shall be limited to the amount of direct damage actually incurred. In no event shall any Party be liable to the other Parties for direct damages for any indirectloss, special, consequential, defect or punitive damagesequipment failure resulting from the causing Party’s conduct or the conduct of its agents or contractors in performing the obligations contained in this Agreement.
Appears in 1 contract
Sources: Wireless Interconnection Agreement
Limitation of Liability. Each Partyparty’s liability to the other Parties party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreementapplication/agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party either party be liable to the other Parties party for any indirect, incidental, special, consequential, or punitive damagesdamages of any kind whatsoever.
Appears in 1 contract
Sources: Interconnection Agreement
Limitation of Liability. Each Partyparty’s liability to the other Parties for any loss, cost, claim, injury, liability, damage or expense, expense (including reasonable attorney’s attorneys’ fees, ) relating to or arising from out of any negligent act or omission in its performance of obligations arising out of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event Absent gross negligence or knowing and willful misconduct which causes a loss, neither party shall any Party be liable to the other Parties for any indirect, special, consequential, special or punitive damagesconsequential damage of any kind whatsoever.
Appears in 1 contract
Sources: Agreement for Provision of Meals
Limitation of Liability. Each Partyparty’s liability to the other Parties party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreementhereunder, shall be limited to the amount of direct damage actually incurred. In no event shall any Party either party be liable to the other Parties party for any indirectindirect special, specialincidental, consequential, or punitive damagesdamages of any kind.
Appears in 1 contract
Sources: Interconnection Agreement
Limitation of Liability. 15.1 Each Party agrees that the liability (in contract or tort or under statute or otherwise) of each Party hereof for any economic loss or damage due to the act/omission of the other Party arising out of or in connection with this Agreement, howsoever, the loss or damage is caused, excluding such Party’s liability to the other Parties for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance gross negligence and wilful default as is finally determined by a court of this Agreementcompetent jurisdiction, shall be limited to the total amount of direct damage actually incurred. In no event shall any Party be liable to fees due in accordance with the other Parties for any indirect, special, consequential, or punitive damagesterms of this Agreement and the Engagement Letter.
Appears in 1 contract
Sources: Issue Agreement
Limitation of Liability. Each Partyparty’s liability to the other Parties party for any loss, cost, claim, injury, liability, judgement or expense, including reasonable attorney’s attorney fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party either party be liable to the other Parties party for any indirect, incidental, special, consequential, or punitive damagesdamages of any kind whatsoever.
Appears in 1 contract
Sources: Interconnection Policy
Limitation of Liability. Each Partyparty’s liability to the other Parties party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or damages arising from any an act or omission in its performance of under this Agreement, Agreement shall be limited to the amount of direct damage damages actually incurred. In no event shall any Party either party be liable to the other Parties party or to any other Third Party, for any indirect, special, consequentialincidental or consequential damages of any kind, including lost profits, income, or punitive damagesrevenue, whether or not advised of the possibility of such loss or damage, by reason of any act or omission in the party’s performance under this Agreement.
Appears in 1 contract
Sources: Standard Agreement
Limitation of Liability. Each Version – 11/12/03
6.3.1 Except for any indemnification obligations of the Parties hereunder, each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, liability or expense, including reasonable attorney’s fees, attorneys’ fees relating to or arising from out of any negligent act or omission in its performance of this Agreement, whether in contract or in tort, shall be limited to a credit for the amount actual cost of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, Services not performed or punitive damagesimproperly performed.
Appears in 1 contract
Sources: Clec Agreement
Limitation of Liability. Each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any either Party be liable to the other Parties Party for anticipated or lost profits, interest, penalties or for any consequential, indirect, incidental, special, consequentialexemplary, or punitive damages in connection with the Agreement. Except for the indemnification provisions set forth in Sections 12 and 17(a)(vi), neither Party, under any circumstances, shall be liable to the other Party for any fees, including attorney or consulting fees, or any statutory damages.
Appears in 1 contract
Sources: Distributor Agreement
Limitation of Liability. Each 6.3.1 Except for any indemnification obligations of the Parties hereunder, each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, liability or expense, including reasonable attorney’s fees, attorneys’ fees relating to or arising from out of any negligent act or omission in its performance of this Agreement, whether in contract or in tort, shall be limited to a credit for the amount actual cost of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, services or punitive damagesfunctions not performed or improperly performed.
Appears in 1 contract
Sources: Clec Agreement
Limitation of Liability. Each Party’s party's liability to the other Parties party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s 's fees, relating to or arising from any act or omission in its performance of this Agreementagreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party either party be liable to the other Parties party for any indirect, incidental, special, consequential, or punitive damagesdamages of any kind whatsoever.
Appears in 1 contract
Sources: Interconnection Agreement