No Consequential, Incidental or Punitive Damages Sample Clauses

The "No Consequential, Incidental or Punitive Damages" clause limits the types of damages that one party can recover from the other in the event of a breach of contract. Specifically, it prevents either party from claiming compensation for losses that are indirect (consequential), secondary (incidental), or intended to punish (punitive), such as lost profits, business interruption, or exemplary damages. By restricting recovery to only direct damages, this clause provides certainty about potential liability and helps both parties manage and allocate risk more effectively.
No Consequential, Incidental or Punitive Damages. Each Party further hereby agrees, except as provided in the last sentence of this Section, as to any relief it may seek for the other Party’s default or breach hereunder, it shall not have the right to seek or claim, and shall not seek, claim, demand, bring suit for or pray for any relief in the nature of consequential, incidental, punitive, exemplary or statutory damages in the event of any breach of this Agreement by the other Party, whether occurring before or after Closing, which excluded damages include, without limitation, any claim for “lost opportunities,” “changes in markets,” “loss of tax benefits,” or the like. Nothing in this Section is intended to contradict or bar a Party’s right to damages or compensation in accordance with any provision in any of Sections 15.1 or 15.2 hereof or the right to recover attorney’s fees pursuant to Section 17.1 hereof, whether or not such damages or compensation might otherwise be characterized as “consequential” or “incidental” damages.
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No Consequential, Incidental or Punitive Damages. There shall be no liability under this Agreement for any consequential, punitive, exemplary, incidental or indirect losses or damages.
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No Consequential, Incidental or Punitive Damages. Notwithstanding anything to the contrary contained herein, GridPlus shall not be liable to any Person, whether in contract, tort (including pursuant to any cause of action alleging negligence), warranty or otherwise, for special, incidental, consequential, indirect, punitive or exemplary damages (including but not limited to lost data, lost profits or savings, loss of business or other economic loss) arising out of or related to these Terms, whether or not GridPlus has been advised or knew of the possibility of such damages, and regardless of the nature of the cause of action or theory asserted.
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No Consequential, Incidental or Punitive Damages. Notwithstanding anything to the contrary contained in these Terms, the Company shall not be liable to any person, whether in contract, tort (including pursuant to any cause of action alleging negligence), warranty or otherwise, for special, incidental, consequential, indirect, punitive or exemplary damages (including but not limited to lost data, lost profits or savings, loss of business or other economic loss) arising out of or related to these Terms, whether or not the Company has been advised or knew of the possibility of such damages, and regardless of the nature of the cause of action or theory asserted, the maximum extent permitted by law.
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No Consequential, Incidental or Punitive Damages. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, NO PARTY SHALL BE LIABLE TO THE OTHER FOR CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES FOR ANY REASON; PROVIDED, THAT THE FOREGOING EXCLUSION OF CONSEQUENTIAL DAMAGES SHALL NOT OPERATE OR BE CONSTRUED SO AS TO PREVENT OR PROHIBIT A PARTY FROM RECOVERING ACTUAL, DIRECT DAMAGES ARISING ON ACCOUNT OF CLAIMS FROM THIRD PARTIES FOR WHICH INDEMNIFICATION IS AVAILABLE PURSUANT TO THE TERMS OF ARTICLE VIII HEREOF.
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No Consequential, Incidental or Punitive Damages. Notwithstanding anything to the contrary contained herein, the Seller shall not be liable to any Person, whether in contract, tort (including pursuant to any cause of action alleging negligence), warranty or otherwise, for special, incidental, consequential, indirect, punitive or exemplary damages (including but not limited to lost data, lost profits or savings, loss of business or other economic loss) arising out of or related to this Agreement, whether or not the Seller has been advised or knew of the possibility of such damages, and regardless of the nature of the cause of action or theory asserted.
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No Consequential, Incidental or Punitive Damages. Without limiting the provisions of this Section 7.5, ▇▇▇▇▇ hereby agrees that with respect to any relief Buyer may seek after Closing for Seller’s breach of one or more of the covenants, representations and/or warranties under this Agreement, whether occurring before or after Closing, Buyer shall not have the right under any circumstance to seek or claim, and shall not seek, claim, demand, bring suit for or pray for any relief in the nature of consequential, incidental, special, punitive, exemplary or statutory damages, which excluded damages include, without limitation, any claim for “lost opportunities,” “changes in markets,” “loss of tax benefits,” or the like. Nothing in this Section is intended to contradict or bar ▇▇▇▇▇’s right to recover attorneys’ fees pursuant to Section 11.7 hereof, whether or not such damages or compensation might otherwise be characterized as “consequential” or “incidental” damages.
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No Consequential, Incidental or Punitive Damages. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, NEITHER PARTY NOR GUARANTOR SHALL BE LIABLE TO ANY OTHER PERSON FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, OR LOST REVENUES OR PROFITS, INCLUDING DECLINE IN MARKET CAPITALIZATION, OR INCREASED COST OF CAPITAL OR BORROWING, FOR ANY REASON WITH RESPECT TO ANY MATTER ARISING OUT OF OR RELATING TO THIS AGREEMENT, WHETHER BASED ON STATUTE, CONTRACT, TORT, STRICT LIABILITY, COMMON LAW OR OTHERWISE, AND WHETHER OR NOT ARISING FROM THE OTHER PARTY’S SOLE, JOINT OR CONCURRENT NEGLIGENCE, STRICT LIABILITY OR OTHER FAULT. THE PARTIES HEREBY ACKNOWLEDGE AND AGREE THAT, AS TO ANY MATTER FOR WHICH A PARTY HAS RECOURSE HEREUNDER, ANY DAMAGES SUCH PARTY OR GUARANTOR MAY OWE A THIRD PARTY AS A RESULT OF SUCH MATTER SHALL BE DIRECT DAMAGES FOR ALL PURPOSES OF THIS SECTION 11.09.
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Related to No Consequential, Incidental or Punitive Damages

  • No Consequential or Punitive Damages Neither Party hereto (or any of their respective Affiliates) shall, under any circumstance, be liable to the other Party (or its Affiliates) for any consequential, exemplary, special, indirect, incidental or punitive damages claimed by such other Party under the terms of or due to any breach of this Agreement, including, but not limited to, loss of revenue or income, cost of capital, or loss of business reputation or opportunity.

  • No Consequential Damages Other than the Liquidated Damages heretofore described and the indemnity obligations set forth in Article 18.1, in no event shall any Party be liable under any provision of this Agreement for any losses, damages, costs or expenses for any special, indirect, incidental, consequential, or punitive damages, including but not limited to loss of profit or revenue, loss of the use of equipment, cost of capital, cost of temporary equipment or services, whether based in whole or in part in contract, in tort, including negligence, strict liability, or any other theory of liability; provided, however, that damages for which a Party may be liable to another Party under separate agreement will not be considered to be special, indirect, incidental, or consequential damages hereunder.

  • Punitive Damages The Administrative Agent, the Lenders and the Borrower hereby agree that no such Person shall have a remedy of punitive or exemplary damages against any other party to a Loan Document and each such Person hereby waives any right or claim to punitive or exemplary damages that they may now have or may arise in the future in connection with any Dispute, whether such Dispute is resolved through arbitration or judicially.

  • No Punitive Damages If any dispute arises regarding the application, interpretation or enforcement of any provision of this Agreement, including fraud in the inducement, the parties hereby waive their right to seek punitive damages in connection with said dispute.

  • 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.