SPECIAL OR CONSEQUENTIAL LOSSES Clause Samples

The "Special or Consequential Losses" clause defines the exclusion or limitation of liability for losses that are not a direct result of a breach, but rather arise from specific circumstances or indirect consequences. In practice, this clause typically prevents one party from claiming damages for losses such as lost profits, loss of business opportunities, or reputational harm that occur as a knock-on effect of the other party's actions. Its core function is to allocate risk by ensuring that liability is limited to foreseeable, direct losses, thereby providing certainty and preventing disproportionate claims for remote or unpredictable damages.
SPECIAL OR CONSEQUENTIAL LOSSES. THE REMEDIES PROVIDED IN THIS AGREEMENT SHALL BE THE SOLE AND EXCLUSIVE REMEDIES OF SUPPLIER (INCLUDING THIRD PARTY CLAIMS). WAVIN SHALL NOT BE LIABLE TO SUPPLIER FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE SUCH AS (BUT NOT LIMITED TO), DELAY DAMAGE, DAMAGE DUE TO BUSINESS INTERRUPTION, LOST PROFITS, LOST SAVINGS, LOST REVENUE, MISSED OPPORTUNITIES, LOSS OF GOODWILL, LOSS OF DATA, REPUTATIONAL DAMAGES OR FORFEITED PENALTIES OR FINES, WHETHER OR NOT SUCH DAMAGES ARE BASED ON TORT, WARRANTY, CONTRACT OR ANY OTHER LEGAL THEORY.
SPECIAL OR CONSEQUENTIAL LOSSES. The remedies provided in this Agreement shall be the sole and exclusive remedies of customer (including third party claims). Seller shall not be liable to Customer for any indirect, special or consequential damages of any nature such as (but not limited to), delay damage, damage due to business interruption, lost profits, lost savings, lost revenue, missed opportunities, loss of goodwill, loss of data, reputational damages or forfeited penalties or fines, whether or not such damages are based on tort, warranty, contract or any other legal theory.

Related to SPECIAL OR CONSEQUENTIAL LOSSES

  • Consequential Losses Except as otherwise specifically provided herein, neither Party shall be liable to the other Party for any indirect, incidental or consequential loss or damages irrespective of the causes, thereof including fault or negligence.

  • Consequential Loss Notwithstanding anything contained in this Agreement, neither Party shall be liable to the other Party for any indirect, special, consequential, punitive, and/or exemplary damages or losses arising from any act or omission by that Party relating to this Agreement and each Party (the “Indemnifying Party”) shall defend, indemnify and hold the other Party (the “Indemnified Party”) harmless in respect of any and all such indirect, special, consequential, punitive, and/or exemplary damages or losses suffered or incurred by the Indemnifying Party (provided that nothing in this Clause 15 shall relieve any Party from any express obligation under this Agreement to make any payment to another).

  • 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.

  • Exclusion of Consequential Loss Despite any other provision of this Licence, both Parties exclude, and agree that they will have no rights against the other for liability for consequential or indirect loss arising out of this Licence including (without limitation) in respect of loss of profits or loss of business. This clause does not apply in respect of wilful acts by either Party.

  • 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.