Limitations on Damages. Neither Party shall be liable for any consequential, special or indirect losses or damages suffered by the other Party, whether or not the likelihood of such losses or damages was known by the Party.
Appears in 219 contracts
Sources: Distribution Agreement (LibreMax Asset-Backed Income Fund), Marketing Agent Agreement (Bitwise 10 Crypto Index Fund), Distribution Agreement (Pursuit Asset-Based Income Fund)
Limitations on Damages. Neither Party party shall be liable for any consequential, special or indirect losses or damages suffered by the other Partyparty, whether or not the likelihood of such losses or damages was known by the Partyparty.
Appears in 95 contracts
Sources: Distribution Agreement (Smead Funds Trust), Distribution Agreement (Advisor Managed Portfolios), Distribution Agreement (JOHCM Funds Trust)
Limitations on Damages. Neither Notwithstanding anything in this Agreement to the contrary, except as specifically set forth below, neither Party shall be liable for any consequential, special or indirect losses or damages suffered by the other Party, whether or not the likelihood of such losses or damages was known by the Party.
Appears in 10 contracts
Sources: Distribution Agreement (Fiera Capital Series Trust), Distribution Agreement (Arden Investment Series Trust), Distribution Agreement (Arden Sage Triton Fund LLC)
Limitations on Damages. Neither No Party shall be liable for any consequential, special or indirect losses or damages suffered by the other Party, whether or not the likelihood of such losses or damages was known by the Party.
Appears in 8 contracts
Sources: Distribution Agreement (First Trust Hedged Strategies Fund), Distribution Agreement (First Trust Private Assets Fund), Distribution Agreement (First Trust Private Credit Fund)
Limitations on Damages. Neither Party shall be liable for any consequential, special special, or indirect losses or damages suffered by the other Party, whether or not the likelihood of such losses or damages was known by the Party.
Appears in 7 contracts
Sources: Marketing Agent Agreement (Grayscale Digital Large Cap Fund LLC), Marketing Agent Agreement (Grayscale Ethereum Trust ETF), Marketing Agent Agreement (Grayscale Bitcoin Mini Trust (BTC))
Limitations on Damages. Neither Party No party shall be liable for any consequential, special or indirect losses or damages suffered by the other Partyanother party, whether or not the likelihood of such losses or damages was known by the Partyparty.
Appears in 4 contracts
Sources: Distribution Agreement (Cross Shore Discovery Fund), Distribution Agreement (Cross Shore Discovery Fund), Distribution Agreement (Cross Shore Discovery Fund)
Limitations on Damages. Neither Party shall be liable or responsible for (i) any Losses that are not direct, actual damages or (ii) any consequential, punitive, special or indirect losses speculative damages or damages suffered by the other Partylost profits, whether in each case, with respect to any claim made under or not the likelihood in respect of such losses or damages was known by the Partythis Agreement.
Appears in 4 contracts
Sources: Stockholder Agreement (National Australia Bank LTD), Stockholder Agreement (Great Western Bancorp, Inc.), Stockholder Agreement (Great Western Bancorp, Inc.)
Limitations on Damages. Neither Party shall be liable for any consequential, special or indirect losses or damages suffered by the other Party, including but not limited to lost revenues or profits, whether or not the likelihood of such losses or damages was known by the Party.
Appears in 4 contracts
Sources: Distribution Agreement (Versus Capital Infrastructure Income Fund), Distribution Agreement (Versus Capital Real Assets Fund LLC), Distribution Agreement (Versus Capital Multi-Manager Real Estate Income Fund LLC)
Limitations on Damages. Neither Party party hereto shall be liable for any consequential, special or indirect losses or damages suffered by the other Partyparty, whether or not the likelihood of such losses or damages was known by the Partyparty.
Appears in 3 contracts
Sources: Distribution Agreement (TCW Private Asset Income Fund), Distribution Agreement (Metropolitan West Funds), Distribution Agreement (TCW Alternative Funds)
Limitations on Damages. Neither Party shall be liable for any punitive damages or any consequential, special or indirect losses or damages suffered by the other Party, whether or not the likelihood of such losses or damages was known by the Party.
Appears in 3 contracts
Sources: Distribution Agreement (PNC Advantage Funds), Distribution Agreement (PNC Funds), Distribution Agreement (PNC Funds)
Limitations on Damages. Neither Party party shall be liable for any consequential, special or indirect losses or damages suffered by the other Partyparty, including but not limited to lost revenues or profits, whether or not the likelihood of such losses or damages was known by the Partyparty.
Appears in 3 contracts
Sources: Distribution Agreement (MoA Funds Corp), Distribution Agreement (MoA Funds Corp), Distribution Agreement (MoA Funds Corp)
Limitations on Damages. Neither No Party shall be liable for any consequential, special or indirect losses or damages suffered by the other another Party, whether or not the likelihood of such losses or damages was known by the Party.
Appears in 2 contracts
Sources: Distribution Agreement (Professionally Managed Portfolios), Placement Agent Agreement (Investment Managers Series Trust)
Limitations on Damages. Neither Party No party hereto shall be liable for any consequential, special or indirect losses or damages suffered by the any other Partyparty, whether or not the likelihood of such losses or damages was known by the Partyparty.
Appears in 2 contracts
Sources: Distribution Agreement (SharesPost 100 Fund), Distribution Agreement (SharesPost 100 Fund)
Limitations on Damages. Neither Party shall be liable for any consequential, special special, punitive, incidental or indirect losses or damages Losses suffered by the other Party, whether or not the likelihood of such losses or damages was known by the Party.
Appears in 2 contracts
Sources: Distribution Agreement (IVA Fiduciary Trust), Distribution Agreement (IVA Fiduciary Trust)
Limitations on Damages. Neither Party party shall be liable for any consequential, special special, or indirect losses or damages suffered by the other Partyparty, whether or not the likelihood of such losses or damages was known by the Partyparty.
Appears in 2 contracts
Sources: Distribution Agreement (360 Funds), Distribution Agreement (IDX Funds)
Limitations on Damages. Neither Party shall be liable for any consequential, special special, incidental, exemplary, punitive or indirect losses or damages suffered by the other Party, whether or not the likelihood of such losses or damages was known by the Party.
Appears in 2 contracts
Sources: Distribution Agreement (Mirae Asset Discovery Funds), Distribution Agreement (Mirae Asset Discovery Funds)
Limitations on Damages. Neither Party party shall be liable for any consequential, consequential or special or indirect losses or damages suffered by the other Partyparty, whether or not the likelihood of such losses or damages was known by the Partyparty.
Appears in 2 contracts
Sources: Distribution Agreement (Del Rey Global Investors Funds), Distribution Agreement (Del Rey Global Investors Funds)
Limitations on Damages. Neither Party party shall be liable for any consequential, consequential special or indirect losses or damages suffered by the other Partyparty, whether or not the likelihood of such losses or damages was known by the Partyparty.
Appears in 1 contract
Limitations on Damages. Neither Party party shall be liable for any consequential, special or indirect losses or damages (“Indirect Damages”) suffered by the other Partyparty, whether or not the likelihood of such losses or damages was known by the Partyparty; provided that the foregoing limitation shall not apply with respect to Indirect Damages arising out of or relating to that party’s fraud or willful misconduct.
Appears in 1 contract
Sources: Distribution Agreement (Milliman Variable Insurance Trust)
Limitations on Damages. Neither Party party shall be liable to the other for any consequential, special or indirect losses or damages suffered by the other Partyparty, whether or not the likelihood of such losses or damages was known by the Partyparty.
Appears in 1 contract
Limitations on Damages. Neither Notwithstanding anything in this Agreement to the contrary, neither Party shall be liable for any consequential, special or indirect losses or damages suffered by the other Party, whether or not the likelihood of such losses or damages was known by the Party.
Appears in 1 contract
Limitations on Damages. Neither Party P▇▇▇▇ shall be liable for any consequential, special or indirect losses or damages suffered by the other PartyP▇▇▇▇, whether or not the likelihood of such losses or damages was known by the Party.
Appears in 1 contract
Sources: Distribution Agreement (Palmer Square Opportunistic Income Fund)