Common use of No Liability for Certain Losses Clause in Contracts

No Liability for Certain Losses. Notwithstanding anything to the contrary in this Agreement, in no event shall the Administrator (or the Administrator Representatives) or the Fund (or the Fund Indemnitees) be liable to the other, or to the other’s indemnitees, under this Agreement for any exemplary, punitive, remote, speculative, consequential, indirect, special or incidental damages or Loss of profits; provided that, if any of the Fund Indemnitees or the Administrator Indemnitees is held liable to a third party for any such damages and the indemnifying Party is obligated to indemnify such Fund Indemnitees or Administrator Indemnitees for the matter that gave rise to such damages, the indemnifying Party shall be liable for, and obligated to reimburse such indemnitees for, such damages.

No Liability for Certain Losses. Notwithstanding anything to the contrary in this Agreement, in no event shall the Administrator Manager (or the Administrator Manager Representatives) or the Fund ECT (or the Fund ECT Indemnitees) be liable to the other, or to the other’s indemnitees, under this Agreement for any exemplary, punitive, remote, speculative, consequential, indirect, special or incidental damages or Loss of profits; provided that, if any of the Fund ECT Indemnitees or the Administrator Manager Indemnitees is held liable to a third party for any such damages and the indemnifying Party is obligated to indemnify such Fund ECT Indemnitees or Administrator Manager Indemnitees for the matter that gave rise to such damages, the indemnifying Party shall be liable for, and obligated to reimburse such indemnitees for, such damages.