Consequential Damages Waiver definition

Consequential Damages Waiver. Except with respect to either party’s liability under Section 8 (Indemnification), breach of its obligations under Section 11.14 (Confidentiality), or its gross negligence or willful misconduct, Liftr Insights shall not be liable for indirect, consequential, reliance or special damages, including without limitation damages for lost data, lost profits, costs of procurement of substitute goods or services, loss of goodwill, work stoppage, computer failure or malfunction, or any and all other damages or losses arising from or related to this Agreement and irrespective of whether or not the Customer has been advised of the possibility of such damages. Liftr Insights shall not be liable for damage that the other party may suffer arising out of the use, or inability to use, the Services unless such damage is caused by an intentional act of Liftr Insights. Liftr Insights shall not be liable for unauthorized access to or alteration, theft, loss or destruction of the Customer’s network systems, applications, data files, programs, procedures or information through accident, fraudulent means or devices (e.g. Viruses), or any other method, including by Liftr Insights’ own negligence. The parties acknowledge that any bandwidth overage fees resulting from such unauthorized access shall be Customer’s responsibility.

Examples of Consequential Damages Waiver in a sentence

  • Sections 6 (Software License), 7 (Term and Termination), 8 (Confidential Information), 9 (Export), 10 (Warranty), 12 (Limitation of Liability), 13 (Consequential Damages Waiver), 15 (General Provisions) and all outstanding payment obligations under this Agreement, along with such provisions in the Exhibit or Statement of Work which, by their nature, survive the termination for any reason, shall survive termination of this Agreement or any Exhibit hereto.

  • Sections 12.1 (General Cap) and 12.2 (Consequential Damages Waiver) will not apply to Uncapped Claims.

  • Articles 4 (Notice), 5 (AECOM’s Responsibilities), 6.2 (Reliance on Data), 8 (Confidentiality), 9 (Data Rights), 10 (Record Drawings), 11 (Electronic Records), 12 (Certification), 14 (Materials and Samples), 17 (Insurance), 18 (Indemnity), 19 (Consequential Damages Waiver), 20 (Risk Allocation), 21 (Disputes Resolution), 22 (Governing Law), 24 (Assignment), 25 (Parties in Interest) and 27 (Severability and Survival) shall survive termination of this Agreement.

  • Limit of Liability 161 39.1. Excluded Categories 161 39.2. Liability for Merchant Chargeback Fees 161 39.3. Consequential Damages Waiver.

  • Sections 6 (Term and Termination), 7 (General Indemnity), 8 (Warranties), 9 (Confidential Information), 10 (Limitation of Liability), 11 (Consequential Damages Waiver), and 12 (General) of this Agreement shall survive termination of this Agreement or any Exhibit attached hereto.

  • Sections 5 (Payment and Invoicing), 6 (Termination), 7 (Confidentiality), 8 (Warranty), 9 (Limitation of Liability and Consequential Damages Waiver), 10 (License), 11 (Ownership), 12 (Force Majeure), 13 (Applicable Law and Jurisdiction), 14 (Export Control), 16 (Notices), 17 (Entire Agreement), 18 (No Waiver), 19 (Severability), 20 (Attorneys’ Fees), 21 (Third Party Rights), 22 (Survival), and the Exhibit A (Defined Terms) survive the termination or expiration of the SOW.

  • Enrolled Beneficiaries shall be considered intended third-party beneficiaries and may claim under this Agreement, but shall be bound by all terms and conditions including but not limited to the Limitation of Liability and Consequential Damages Waiver herein.

  • The disclaimer in this Section 13.1 (Consequential Damages Waiver) will not apply to the extent prohibited by Laws.

  • Sections 6 (Term and Termination), 7 (General Indemnity), 8 (Warranties), 10 (Confidential Information), II (Limitation of Liability), 12 (Consequential Damages Waiver), and J 3 (General) of this Agreement shall survive termination of this Agreement or any Exhibit attached hereto.

  • Sections 16.1 (General Cap) and 16.2 (Consequential Damages Waiver) will not apply to Enhanced Claims or Uncapped Claims.

Related to Consequential Damages Waiver

  • Consequential Damages means Losses claimed to have resulted from any indirect, incidental, reliance, special, consequential, punitive, exemplary, multiple or any other Loss, including damages claimed to have resulted from harm to business, loss of anticipated revenues, savings, or profits, or other economic Loss claimed to have been suffered not measured by the prevailing Party’s actual damages, and any other damages typically considered consequential damages under Applicable Law, regardless of whether the Parties knew or had been advised of the possibility that such damages could result in connection with or arising from anything said, omitted, or done hereunder or related hereto, including willful acts or omissions.

  • Punitive Damages are those damages awarded as a penalty, the amount of which is neither governed nor fixed by statute.

  • Special Damages shall have the meaning as set forth in Section 5.07.

  • Consequential Loss means loss of profits, anticipated loss of profit or revenue, loss of production, loss of business opportunity, loss of or damage to goodwill or reputation, loss of use or any other similar loss, but excludes:

  • Direct Damage has the meaning given to it in clause 26.2;

  • Actual Damages has the meaning set forth in Section 12.4(C).

  • Delay Damages means the damages assessed pursuant to Section 3.2(a) hereof.

  • Compensatory Damages are those amounts awarded to compensate for the actual damages sustained, and are not awarded as a penalty, nor fixed in amount by statute.

  • Loss or Damage means any loss or damage to the Vehicle, including that caused by theft of the Vehicle or by adverse weather events, that requires repair or replacement including the loss of use of the Vehicle (demurrage), legal expenses, assessment fees, towing and recovery costs, storage, service charges and any appraisal fees of the Vehicle;

  • Environmental Damages means all claims, judgments, damages, losses, penalties, fines, liabilities, encumbrances, liens, costs and expenses of investigation and defense of any claim, including, without limitation, attorney’s fees, that are incurred at any time as a result of the existence of Environmental Conditions upon, about or beneath the Project Site or migrating or threatening to migrate to or from the Site, and including, without limitation:

  • Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

  • Economic damages means objectively verifiable monetary losses, including medical expenses, loss of earnings, burial costs, loss of use of property, cost of replacement or repair, cost of obtaining substitute domestic services, loss of employment, and loss of business or employment opportunities.

  • Cover Damages means, with respect to any Delivery Shortfall, an amount equal to (a) the positive net amount, if, any, by which the Replacement Price exceeds the applicable Price that would have been paid pursuant to Section 5.1 and the Cover Sheet, multiplied by the quantity of that Delivery Shortfall, plus (b) any applicable penalties and other costs assessed by ISO-NE or any other Person against Buyer as a result of Seller’s failure to deliver such Products in accordance with the terms of this Agreement. Buyer shall provide a statement for the applicable period explaining in reasonable detail the calculation of any Cover Damages.

  • Material Damage and “Materially damaged” means damage (w) resulting in the Property not complying with all legal requirements applicable to the Property, (x) reasonably exceeding $300,000 or (y) that entitles any tenant of the Property to terminate its Lease, or (z) which, in Buyer’s or Seller’s reasonable estimation, will take longer than 120 days to repair.

  • Structural damage means a covered building, regardless of the date of its construction, has experienced the following.

  • Breach of Agreement provisions of Section 5(a)(ii) will apply to Party A and will not apply to Party B.

  • Daily Delay Damages means with respect to a Guaranteed Project Milestone, an amount equal to (a) the Project Development Security Amount posted as of the first date that Daily Delay Damages are payable under this Agreement with respect to such Guaranteed Project Milestone, divided by (b) 120.

  • Damages means any loss, claim, damage, liability, costs and expenses (including, without limitation, reasonable attorney's fees and disbursements and costs and expenses of expert witnesses and investigation).

  • Breach of Contract means the failure of a Party to perform any of its obligations in accordance with this Contract, in whole or in part or in a timely or satisfactory manner. The institution of proceedings under any bankruptcy, insolvency, reorganization or similar law, by or against Contractor, or the appointment of a receiver or similar officer for Contractor or any of its property, which is not vacated or fully stayed within 30 days after the institution of such proceeding, shall also constitute a breach. If Contractor is debarred or suspended under §24-109-105, C.R.S. at any time during the term of this Contract, then such debarment or suspension shall constitute a breach.

  • Indemnified Damages shall have the meaning assigned to such term in Section 6(a).

  • Seller Damages shall have the meaning given to such term in Section 14.3.

  • Physical Damage means any tangible injury to a Property, whether caused by accident, natural occurrence, or any other reason, including damage caused by defects in construction, land subsidence, earth movement or slippage, fire, flood, earthquake, riot, vandalism or any Environmental Condition.

  • Noneconomic damages ’ means damages for phys-

  • Breach of system security means unauthorized acquisition of computerized data that compromises the security, confidentiality, or integrity of sensitive personal information maintained by a person, including data that is encrypted if the person accessing the data has the key required to decrypt the data. Good faith acquisition of sensitive personal information by an employee or agent of the person for the purposes of the person is not a breach of system security unless the person uses or discloses the sensitive personal information in an unauthorized manner. Business and Commerce Code 521.053(a)

  • Catastrophic Damage as used hereunder is major change or damage to In- cluded Timber on Sale Area, to Sale Area, to access to Sale Area, or a combination thereof:

  • Accidental Damage means physical damage, breakage or failure of Your Covered Equipment due to an unforeseen and unintentional event occurring either due to handling (e.g., dropping the Covered Equipment or through liquid contact) or due to an external event (e.g., extreme environmental or atmospheric conditions). The damage must affect the functionality of Your Covered Equipment, which includes cracks to the display screen that affect the visibility of the display.