Limitation on Remedies. Except in cases of fraud, gross negligence, or willful misconduct, no party shall be responsible or liable to any other party for any indirect, consequential, special or punitive damages with respect to any matter whatsoever arising out of this Agreement.
Appears in 4 contracts
Sources: Loan Purchase and Sale Agreement, Loan Purchase and Sale Agreement (First Marblehead Corp), Loan Purchase and Sale Agreement (First Marblehead Corp)
Limitation on Remedies. Except in cases Under no circumstances shall either party be liable to the other party by reason of fraudbreach, gross negligencetermination, or willful misconduct, no party shall be responsible or liable to any other party non-renewal of this Agreement for any indirect, consequential, general, or special or punitive damages with respect to any matter whatsoever arising out even though the Parties may be aware of this Agreementthe possibility of such damages.
Appears in 2 contracts
Sources: License Agreement (Bioforce Nanosciences Holdings, Inc.), Distribution Agreement (Effective Management Systems Inc)
Limitation on Remedies. Except Notwithstanding any other provision of this Agreement to the contrary, except in cases of fraudfraud by such party, gross negligence, or willful misconduct, no neither party hereto shall be responsible for any amounts constituting, or liable to any other party for for, any indirect, consequential, special special, exemplary or punitive damages with respect to any matter whatsoever arising out of this Agreement, including lost profits, even if such party has been advised of the possibility of such loss or damage.
Appears in 2 contracts
Sources: Federal Student Loan Sale Agreement (Navient Corp), Private Student Loan Sale Agreement (Navient Corp)
Limitation on Remedies. Except in cases of fraud, gross negligence, or willful misconduct, Under no party circumstances shall any Party be responsible or liable to any other party Party by reason of breach of this Agreement for any indirect, consequential, general, or special damages even though the Parties may be aware of the possibility of such damages, but any Party may seek injunctive or punitive damages with respect to any matter whatsoever arising out of this Agreementother immediate relief and pursue specific performance.
Appears in 1 contract
Sources: Shareholder Agreement (Bioforce Nanosciences Holdings, Inc.)