Damages Disclaimer. In no event shall Autobooks be liable for any indirect, incidental, special, or consequential damages (including without limitation loss of profits, loss of revenue, or loss of data) for any reason, in connection with the Services or otherwise, and whether in tort, contract, equity, or any other cause or form of action, even if advised of the possibility of such damages. Autobooks shall have no liability arising out of or in connection with User’s: use or inability to use the Services; cost of procurement of substitute goods or services resulting from any Services being inadequate, unavailable, or suffering errors; unauthorized access to or alteration of User’s data; the statements or conduct of FI or any other third party; infringement of any third party’s intellectual property rights; the timeliness, deletion, mis-delivery, or failure to store any information; or any other matter related to or arising out of the Services.
Damages Disclaimer. SunPower shall not under any circumstances be liable for any incidental or consequential damages of any kind including, but not limited to, loss of profits and time and expenses incurred by Owner to have repairs performed.
Damages Disclaimer. To the maximum extent permitted by applicable law, and notwithstanding anything to the contrary contained in the Agreement, neither Party nor any of its Affiliates shall be liable for any indirect, consequential (including damages for business interruption or loss of business information or data), special, punitive, exemplary or incidental damages, or damages for loss of profits, goodwill, anticipated savings or revenues, arising in relation to or under the Agreement, even if advised of the possibility of such damages or if the possibility of such damages was reasonably foreseeable.
Damages Disclaimer. EXCEPT WITH RESPECT TO (I) A BREACH OF SECTION 2.8 (CONTINUED PERFORMANCE), (II) ANY OBLIGATIONS UNDER SECTION 9 (INDEMNIFICATION AND PERFORMANCE BOND), (III) A BREACH OF ANY OBLIGATIONS OR RESTRICTIONS REGARDING DATA USE OR SECURITY OR REGARDING CONFIDENTIAL INFORMATION, INCLUDING SECTION 4 (DATA; DATA SECURITY) AND SECTION 10 (CONFIDENTIALITY), (IV) A BREACH OF SECTION 7.2.8 (ACCESS TO BITCOIN AND PRIVATE KEYS), (V) A PARTY'S GROSS NEGLIGENCE, WILLFUL MISCONDUCT, FRAUD, OR FRAUDULENT MISREPRESENTATION, OR (VI) DEATH OR BODILY INJURY CAUSED BY A PARTY, TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY TO THIS MSA OR A SERVICE ADDENDUM WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS (DIRECT OR INDIRECT), OF ANY KIND IN CONNECTION WITH THE TERMS OR THE BREACH OF THE TERMS OR SUBJECT MATTER OF THIS MSA OR A SERVICE ADDENDUM, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT
Damages Disclaimer. In no event shall A4D or its members, managers, officers, directors, employees, contractors, attorneys, licensors, or licensees be liable to Publisher or a Marketing Affiliate for any indirect or direct damages, loss of profits, or other incidental, consequential, or special damages, even if advised of the possibility of such damages. In no event will A4D’s total liability under the terms of this Agreement from all causes of action of any kind including, without limitation, contract, tort (including negligence), strict liability, breach of warranty, misrepresentation, or otherwise, exceed the amount paid by A4D to Publisher under this Agreement during the three (3) months prior to A4D’s receipt of written notice from Publisher of a claim of liability.
Damages Disclaimer. IN NO EVENT WILL EITHER PARTY OR ITS AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH THE AGREEMENT OR ITS SUBJECT MATTER, REGARDLESS OF THE THEORY OF LIABILITY GIVING RISE TO SUCH DAMAGES, WHETHER ARISING IN CONTRACT, TORT OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH PARTY WAS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
Damages Disclaimer. In no event shall TD Bank, Autobooks, or their TPSPs be liable for any indirect, incidental, special, or consequential damages (including without limitation loss of profits, loss of revenue, or loss of data) for any reason, in connection with the Services or otherwise, and whether in tort, contract, equity, or any other cause or form of action, even if advised of the possibility of such damages. TD Bank, Autobooks, and their TPSPs shall have no liability arising out of or in connection with User's use or inability to use the Services; cost of procurement of substitute goods or services resulting from any Services being inadequate, unavailable, or suffering errors; unauthorized access to or alteration of User's data; the statements or conduct of any third party (including, with respect to Autobooks, any conduct of TD Bank); infringement of any third party's intellectual property rights; the timeliness, deletion, mis-delivery, or failure to store any information; or any other matter related to or arising out of the Services.
Damages Disclaimer. Neither Party will be liable (whether in contract, warranty, tort, product liability or other theory) to the other Party or any other person or entity for any indirect, incidental, special, consequential, punitive or exemplary damages arising out of this Services Agreement, even if such Party has been made aware of the possibility of such damages.
Damages Disclaimer. NEITHER PARTY SHALL ASSERT AND HEREBY WAIVES ANY CLAIM OR CAUSE OF ACTION IT MAY NOW HAVE OR HEREAFTER ACQUIRE AGAINST THE OTHER PARTY AND ITS AFFILIATES ON ANY THEORY OF LIABILITY FOR ANY ONE OR MORE OF SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES IN CONNECTION WITH, OR AS A RESULT OF, THIS AGREEMENT AND THE TRANSACTIONS CONTEMPLATED THEREBY. IN NO EVENT SHALL EITHER PARTY BE LIABLE UNDER THIS AGREEMENT TO THE OTHER PARTY OR A THIRD PARTY FOR COST OF SUBSTITUTE SERVICES, DAMAGES FOR DELAYS OR LOSS OF USE, REVENUE, OR PROFIT, INCLUDING, WITHOUT LIMITATION, CLAIMS FOR LOST PROFITS AND CUSTOMER PENALTIES, AND DAMAGES FOR BUSINESS INTERRUPTION. THE PARTIES AGREE AND ACKNOWLEDGE THAT IT IS THE INTENTION OF THE PARTIES, AND AN INDUCEMENT TO SUPPLIER TO ENTER INTO THIS AGREEMENT, THAT SUPPLIER MAY ONLY BE LIABLE UNDER THIS AGREEMENT FOR ACTUAL AND DIRECT DAMAGES PROVEN IN A COURT OF COMPETENT JURISDICTION.
Damages Disclaimer. NOTWITHSTANDING ANYTHING STATED IN THIS AGREEMENT TO THE CONTRARY, CLAIMS AND LOSSES ASSERTED UNDER THIS AGREEMENT SHALL BE LIMITED TO ACTUAL DAMAGES AND IN NO EVENT SHALL ANY PARTY HERETO BE LIABLE TO ANY OTHER PARTY FOR CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES; PROVIDED HOWEVER THAT THIS WAIVER SHALL NOT APPLY WITH RESPECT TO CLAIMS ASSERTED BY A THIRD PARTY (BEING A PERSON OTHER THAN A CEPCB INDEMNIFIED PARTY OR A SELLER INDEMNIFIED PARTY) FOR WHICH ONE PARTY HAS AGREED TO INDEMNIFY THE OTHER UNDER THIS AGREEMENT.
