No Consequential Sample Clauses

No Consequential. Damages SOLARCITY’S LIABILITY TO YOU UNDER THIS POWER PURCHASE AGREEMENT SHALL BE LIMITED TO DIRECT, ACTUAL DAMAGES ONLY. YOU AGREE THAT IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR INDIRECT DAMAGES.
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No Consequential. Damages - EXCEPT FOR WILFUL OR INTENTIONAL MISCONDUCT, NEITHER AT&T NOR GTE SHALL BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, RELIANCE, OR SPECIAL DAMAGES SUFFERED BY SUCH OTHER PARTY (INCLUDING WITHOUT LIMITATION DAMAGES FOR HARM TO BUSINESS, LOST REVENUES, LOST SAVINGS, OR LOST PROFITS SUFFERED BY SUCH OTHER PARTY), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, STRICT LIABILITY, OR TORT, INCLUDING WITHOUT LIMITATION NEGLIGENCE OF ANY KIND WHETHER ACTIVE OR PASSIVE, AND REGARDLESS OF WHETHER THE PARTIES KNEW OF THE POSSIBILITY THAT SUCH DAMAGES COULD RESULT. EACH PARTY HEREBY RELEASES THE OTHER PARTY AND SUCH OTHER PARTY'S SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS FROM ANY SUCH CLAIM. NOTHING CONTAINED IN THIS SECTION 10.3 SHALL LIMIT THE PARTIES INDEMNIFICATION OBLIGATIONS UNDER THIS AGREEMENT.
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No Consequential. Damages/Limitation of Liability. EXCEPT AS EXPRESSLY PROVIDED IN SECTION *** AND ******** *, UNDER NO CIRCUMSTANCES WILL CSG AND ITS RELATED PARTIES, ITS LICENSORS OR ITS VENDORS ON ONE HAND, OR CUSTOMERS OR THEIR RELATED PARTIES ON THE OTHER HAND BE LIABLE TO THE OTHER FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES OR LOST PROFITS, WHETHER FORESEEABLE OR UNFORESEEABLE, BASED ON EITHER PARTY’S CLAIMS OR THOSE OF THEIR CUSTOMERS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR LOSS OF DATA, GOODWILL, USE OF MONEY OR USE OF THE PRODUCTS, OR THIRD PARTY SOFTWARE, RESULTING REPORTS, THEIR ACCURACY OR THEIR INTERPRETATION, INTERRUPTION IN USE OR AVAILABILITY OF DATA, STOPPAGE OF THE WORK OR IMPAIRMENT OF OTHER ASSETS), ARISING OUT OF BREACH OR FAILURE OF EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE. THE FOREGOING SENTENCE SHALL NOT BE CONSTRUED TO LIMIT IN ANY WAY EITHER PARTY’S INDEMNIFICATION OBLIGATIONS UNDER ******* ******* ******* * ** ******* **. EXCEPT (A) FOR ANY LIABILITY OF TWC UNDER THIS AGREEMENT FOR THE ************** ***, (B) CSG’S LIABILITY PURSUANT TO THE FOLLOWING SENTENCE, (C) FOR EACH PARTY’S *************** *********** UNDER THIS AGREEMENT, (D) FOR ANY FEES OR CHARGES FOR PRODUCTS OR SERVICES PROVIDED TO ANY CUSTOMER THAT HAVE ACCRUED PRIOR TO ANY TERMINATION OF THIS AGREEMENT PURSUANT TO SECTION 5.2, (E) ****** ******* CAUSED BY A PARTY’S BREACH OF ITS *************** OBLIGATIONS, UNDER ******* ** OF THIS AGREEMENT, WHICH ***** *** ** ****** WITH RESPECT TO ANY OF THE FOREGOING, (F) ********’* LIABILITY FOR ********** ******* FOR BREACH OF ***** *** **** *********** AS PROVIDED IN SECTION ******, AND (G) ***’* LIABILITY FOR ********** ******* UNDER ******** * OR IN CONNECTION WITH ANY OTHER ******* ****** ** *********** ******* SET FORTH IN THIS AGREEMENT WHICH PROVIDE A *********** FOR DETERMINING A ******** ******, IN NO EVENT WILL THE AGGREGATE LIABILITY INCURRED BY CSG AND ITS RELATED PARTIES, ITS LICENSORS OR ITS VENDORS, ON THE ONE HAND, OR CUSTOMER AND THEIR RELATED PARTIES, ON THE OTHER HAND, EXCEED AN AMOUNT EQUAL TO THE AMOUNT ******** **** ** ********* ** *** DURING THE **** ***** PERIOD PRECEDING THE CLAIM. IF CSG TERMINATES THIS AGREEMENT WITHOUT CAUSE, CSG’s TOTAL LIABILITY WITH RESPECT TO ANY AND ALL CLAIMS, DAMAGES, LOSSES OR EXPENSES INCURRED BY CUSTOMERS ARISING DIRECTLY OR INDIRECTLY OUT OF CSG’s TERMINATION WITHOUT CAUSE SHALL BE...
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No Consequential. Damages NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF SUCH PARTY'S FAILURE TO PERFORM UNDER THIS AGREEMENT. FOR THE PURPOSES OF THIS SECTION 12.5, "PARTY" MEANS THE PARTY, ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS. NOTHING IN THIS SECTION 12.5 WILL LIMIT A PARTY'S OBLIGATION TO FULLY INDEMNIFY THE OTHER UNDER SECTION 12.4 FOR ACTIONS BROUGHT BY THIRD-PARTIES, EVEN IF SUCH ACTIONS INCLUDE CLAIMS FOR INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
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No Consequential. DAMAGES In no event shall either Party be liable to the other Party for incidental and consequential damages, loss of goodwill, or other claims for indirect damages in any manner related to this Agreement or the Services.
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No Consequential. Damages IN NO EVENT SHALL EITHER RAPTOR OR ROCHE BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE OR CONSEQUENTIAL DAMAGES ARISING OUT OF THIS AGREEMENT BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY. NOTHING IN THIS SECTION 12.4 IS INTENDED TO LIMIT OR RESTRICT (A) THE INDEMNIFICATION RIGHTS OR OBLIGATIONS OF EITHER PARTY UNDER ARTICLE 12 OR (B) REMEDIES AVAILABLE TO EITHER PARTY WITH RESPECT TO A BREACH OF ARTICLE 13.
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No Consequential. Damages Except for coverage provided under the parties' insurance policies and to the maximum extent pennitted by law, neither party, its affiliated corporations, agencies, officers, employees, and subcontractors shall not be liable for the other party' special, indirect, or consequential damages. XI.9 Ownership of Work Product and Inventions All of the work product of the CONSULTANT in executing this PROJECT shall become the property of HAXX. Any inventions, patents, copyrights, computer software, or other intellectual property developed during the course of, or as a result of, the PROJECT shall remain the property of the HAXX. XI. I 0 Haz-Mat Scope Limitation and Clarification CONSULTANT will provide guidelines and guidance to HAXX xn making decisions compliant with local, State, and federal law, regarding the handling and disposition of wastes which may be encountered in performance of the scope of services. CONSULTANT will, if requested, manage the handling, transport and disposal of waste using a qualified subcontractor. However, HAXX xcknowledges that, except to the extent included in the Work, CONSULTANT has had no role in generating, treating, storing or disposing of Hazardous Wastes which may be present at the Project Site. No Hazardous Waste encountered by CONSULTANT in performing, or associated with, the Work shall at any time be or become the property of CONSULTANT. Any arrangements made by CONSULTANT for the treatment, storage, transport or disposal of any Hazardous Waste are made solely and exclusively for the benefit of HAXX xsing HAXX'x XPA generator identification number(s) when required and shall not result in any liability of CONSULT ANT under this Contract or with respect to the Hazardous Waste. HAXX xhall provide for the handling of all Hazardous Waste in compliance with applicable Laws and Regulations under the guidance of CONSULTANT and shall sign manifests and obtain generator identification numbers when required by Laws and Regulations. If required by the Contract Docwnents, ON-CALL HAZARDOUS MATERIAL PROFESSIONAL SERVICE CONSULTANT 14 lu1y2012 Special Provisions CONSULTANT shall furnish the names of facilities currently licensed to accept Hazardous Waste materials, but it shall be HAXX'x xole responsibility to select those to be engaged. Nothing contained in this Contract shall confer on CONSULTANT the status of (a) a generator, stxxxx, disposer or treater of Hazardous Waste materials, (b) the party who arranged for the disposal o...
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Related to No Consequential

  • 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.

  • 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.

  • Consequential Damages Neither party to this Agreement shall be liable to the other party for special, indirect or consequential damages under any provision of this Agreement or for any special, indirect or consequential damages arising out of any act or failure to act hereunder.

  • No Punitive Damages Each party agrees that it shall not have a remedy of punitive or exemplary damages against the other in any Dispute and hereby waives any right or claim to punitive or exemplary damages it may have now or which may arise in the future in connection with any Dispute, whether the Dispute is resolved by arbitration or judicially.

  • 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.

  • Exclusion of Consequential Damages ‌ Notwithstanding anything contained herein to the contrary, neither Party will be liable under this Agreement or under any cause of action relating to the subject matter of this Agreement for any special, indirect, incidental, punitive, exemplary or consequential damages, including loss of profits, loss of use of any property or claims of customers or contractors of the Parties for any such damages.

  • Disclaimer of Consequential Damages Notwithstanding any provision to the contrary, in no event shall any Party be liable to another Party for any incidental, consequential, special, exemplary or indirect damages, lost business profits or lost data arising out of or in any way related to the Contract Documents.

  • Waiver of Consequential Damages To the fullest extent permitted by applicable Law, the Borrower shall not assert, and hereby waives, any claim against any Indemnitee, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement, any other Loan Document, the Related Documents or any agreement or instrument contemplated hereby or thereby, the transactions contemplated hereby or thereby, any Term Loan or the use of the proceeds thereof. No Indemnitee referred to in subsection (b) above shall be liable for any damages arising from the use by unintended recipients of any information or other materials distributed by it through telecommunications, electronic or other information transmission systems in connection with this Agreement or the other Loan Documents, the Related Documents or the transactions contemplated hereby or thereby other than for direct or actual damages resulting from the gross negligence or willful misconduct of such Indemnitee as determined by a final and nonappealable judgment of a court of competent jurisdiction.

  • 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 16 shall relieve any Party from any express obligation under this Agreement to make any payment to another).

  • Limitation on Consequential Damages NEITHER PARTY WILL HAVE ANY OBLIGATION OR LIABILITY (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND NOTWITHSTANDING ANY FAULT, NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), REPRESENTATION, STRICT LIABILITY OR PRODUCT LIABILITY), FOR COVER OR FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, MULTIPLIED, PUNITIVE, SPECIAL, OR EXEMPLARY DAMAGES OR LOSS OF REVENUE, PROFIT, SAVINGS OR BUSINESS ARISING FROM OR OTHERWISE RELATED TO THIS AGREEMENT, EVEN IF A PARTY OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PARTIES ACKNOWLEDGE THAT THESE EXCLUSIONS OF POTENTIAL DAMAGES WERE AN ESSENTIAL ELEMENT IN SETTING CONSIDERATION UNDER THIS AGREEMENT.

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