Limitation of Liability. Each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, or punitive damages.
Appears in 211 contracts
Samples: Service Agreement, Service Agreement, Service Agreement
Limitation of Liability. Each 8.3.1 Except for any indemnification obligations of the Parties hereunder, each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, injury or liability or expense, including reasonable attorney’s fees, fees relating to or arising from out of any negligent act or omission in its performance of this AgreementAgreement whether in contract or in tort, shall be limited to a credit for the amount actual cost of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, services or punitive damagesfunctions not performed or improperly performed.
Appears in 131 contracts
Samples: Resale Agreement, Resale Agreement, Resale Agreement
Limitation of Liability. Each Party’s 's liability to the other Parties Party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s 's fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any either Party be liable to the other Parties Party for any indirect, special, consequential, or punitive damages, except as authorized by this Agreement.
Appears in 70 contracts
Samples: Interconnection Agreement, Small Generator Interconnection Agreement, Small Generator Interconnection Agreement
Limitation of Liability. Each 7.3.1 Except for any indemnification obligations of the Parties hereunder, each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, liability or expense, including reasonable attorney’s fees, attorneys’ fees relating to or arising from out of any negligent act or omission in its performance of this Agreement, whether in contract or in tort, shall be limited to a credit for the amount actual cost of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, services or punitive damagesfunctions not performed or improperly performed.
Appears in 64 contracts
Samples: General Terms and Conditions, General Terms and Conditions, General Terms and Conditions
Limitation of Liability. Each 7.3.1 Except for any indemnification obligations of the Parties hereunder, each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, injury or liability or expense, including reasonable attorney’s fees, attorneys’ fees relating to or arising from out of any negligent act or omission in its performance of this AgreementAgreement whether in contract or in tort, shall be limited to a credit for the amount actual cost of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, services or punitive damagesfunctions not performed or improperly performed.
Appears in 56 contracts
Samples: General Terms and Conditions, General Terms and Conditions, General Terms and Conditions
Limitation of Liability. Each Party’s 's liability to the other Parties for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s 's fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, or punitive damages, except as authorized by this Agreement.
Appears in 45 contracts
Samples: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement
Limitation of Liability. 8.4.1 Each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, injury or liability or expense, including reasonable attorney’s fees, fees relating to or arising from out of any negligent act or omission in its performance of this AgreementAgreement whether in contract or in tort, shall be limited to a credit for the amount actual cost of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, services or punitive damagesfunctions not performed or improperly performed.
Appears in 40 contracts
Limitation of Liability. Each Party’s liability to the other Parties Party for any loss, cost, claim, injury, injury liability, or expense, including reasonable attorney’s attorneys’ fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, or punitive damages.
Appears in 34 contracts
Samples: Energy Billing Agreement, Agreement, Agreement
Limitation of Liability. Each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, or punitive damages.
Appears in 32 contracts
Samples: Service Agreement, Service Agreement, Service Agreement
Limitation of Liability. Each Partyparty’s liability to the other Parties party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party either party be liable to the other Parties party for any indirect, incidental, special, consequential, or punitive damagesdamages of any kind whatsoever.
Appears in 31 contracts
Samples: Application and Service Agreement, marbleheadelectric.com, marbleheadelectric.com
Limitation of Liability. 7.3.1 Each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, injury or liability or expense, including reasonable attorney’s fees, fees relating to or arising from out of any negligent act or omission in its performance of this AgreementAgreement whether in contract or in tort, shall be limited to a credit for the amount actual cost of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, services or punitive damagesfunctions not performed or improperly performed.
Appears in 31 contracts
Samples: Interconnection Agreement, Agreement, Agreement
Limitation of Liability. Each Party’s liability to the other Parties Party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its it performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any either Party be liable to the other Parties Party for any indirect, special, consequential, or punitive damages, except as authorized by this Agreement.
Appears in 27 contracts
Samples: Service Agreement, Interconnection Agreement, Service Agreement
Limitation of Liability. Each Party’s liability to the other Parties Party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreementhereunder, shall be limited to the amount of direct damage actually incurred. In no event shall any either Party be liable to the other Parties Party for any indirect, special, incidental, consequential, or punitive damagesdamages of any kind.
Appears in 26 contracts
Limitation of Liability. Each Party’s liability to the other Parties Party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreementagreement, shall be limited to the amount of direct damage actually incurred. In no event shall any either Party be liable to the other Parties Party for any indirect, special, consequential, or punitive damagesdamages of any kind whatsoever.
Appears in 25 contracts
Samples: Interconnection Agreement, www.pge.com, www.pge.com
Limitation of Liability. Each 7.3.1 Except for any indemnification obligations of the Parties hereunder, each Party’s liability to the other Parties for any loss, cost, claim, injury, injury or liability, or expense, including reasonable attorney’s fees, attorneys’ fees relating to or arising from out of any negligent act or omission in its performance of this Agreement, whether in contract or in tort, shall be limited to a credit for the amount actual cost of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, services or punitive damagesfunctions not performed or improperly performed.
Appears in 23 contracts
Samples: General Terms and Conditions, General Terms and Conditions, General Terms and Conditions
Limitation of Liability. Each Partyparty’s liability to the other Parties party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreementhereunder, shall be limited to the amount of direct damage actually incurred. In no event shall any Party either party be liable to the other Parties party for any indirect, special, incidental, consequential, or punitive damagesdamages of any kind.
Appears in 22 contracts
Limitation of Liability. Each Party’s liability to the other Parties Party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any either Party be liable to the other Parties Party for any indirect, special, consequential, or punitive damages.
Appears in 21 contracts
Samples: Service Agreement, Small Generator Interconnection Agreement, Small Generator Interconnection Agreement
Limitation of Liability. Each 6.3.1 Except for any indemnification obligations of the Parties hereunder, each Party’s liability to the other Parties for any loss, cost, claim, injury, injury or liability, or expense, including reasonable attorney’s fees, attorneys’ fees relating to or arising from out of any negligent act or omission in its performance of this Agreement, whether in contract or in tort, shall be limited to a credit for the amount actual cost of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, services or punitive damagesfunctions not performed or improperly performed.
Appears in 21 contracts
Samples: General Terms and Conditions, General Terms and Conditions, General Terms and Conditions
Limitation of Liability. Each Party’s liability to the other Parties Party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any either Party be liable to the other Parties Party for any indirect, special, incidental, consequential, or punitive damagesdamages of any kind, except as authorized by this Agreement.
Appears in 20 contracts
Limitation of Liability. 18.1 Each Partyparty’s liability to the other Parties party for any loss, cost, claim, injury, injury liability, or expense, including reasonable attorney’s attorneys’ fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, or punitive damages.
Appears in 20 contracts
Samples: Standard Service Agreement, Standard Service Agreement, Standard Service Agreement
Limitation of Liability. Each Partyparty’s liability to the other Parties party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreementthese terms and conditions, shall be limited to the amount of direct damage actually incurred. In no event shall any Party either party be liable to the other Parties party for any indirect, incidental, special, consequential, or punitive damagesdamages of any kind whatsoever.
Appears in 19 contracts
Samples: www.pepco.com, Wellsboro Electric Company, formspal.com
Limitation of Liability. 20.1 Each Party’s liability to the other Parties Party for any loss, cost, claim, injury, injury liability, or expense, including reasonable attorney’s attorneys’ fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, or punitive damages.
Appears in 18 contracts
Samples: Service Agreement, Service Agreement, Service Agreement
Limitation of Liability. Each Party’s 's liability to the other Parties Party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s 's fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any either Party be liable to the other Parties Party for any indirect, incidental, special, consequential, or punitive damagesdamages of any kind whatsoever.
Appears in 14 contracts
Samples: Facilities Interconnection Agreement, Customer Owned Renewable Generation Facilities, Customer Owned Generating Facilities Interconnection Agreement
Limitation of Liability. 19.1 Each Partyparty’s liability to the other Parties party for any loss, cost, claim, injury, injury liability, or expense, including reasonable attorney’s attorneys’ fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, or punitive damages.
Appears in 13 contracts
Samples: Standard Service Agreement, Standard Service Agreement, Standard Service Agreement
Limitation of Liability. Each Party’s liability to the other Parties Party for any loss, cost, claim, injury, liability, or expense, including court costs and reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage or liability actually incurred. In no event shall any either Party be liable to the other Parties Party for any indirect, incidental, special, consequential, or punitive damagesdamages of any kind whatsoever.
Appears in 12 contracts
Samples: Interconnection Service Agreement, Interconnection Service Agreement, Interconnection Service Agreement
Limitation of Liability. Each Party’s liability to the other Parties Party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreementhereunder, shall be limited to the amount of direct damage actually incurred. In no event shall any either Party be liable to the other Parties Party for any indirect, special, incidental, consequential, or punitive damagesdamages of any kind.
Appears in 12 contracts
Samples: Agreement, Feasibility Study Agreement, Feasibility Study Agreement
Limitation of Liability. Each Party’s 's liability to the other Parties Party(ies) for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s 's fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any a Party be liable to the other Parties another Party for any indirect, special, consequential, or punitive damages, except as authorized by this Agreement.
Appears in 12 contracts
Samples: Small Generator Interconnection Agreement, Small Generator Interconnection Agreement, Small Generator Interconnection Agreement
Limitation of Liability. Each Party’s liability In no event shall either party be liable to the other Parties party or to any third party for any lossincidental, costspecial, claim, injury, liabilitypunitive, or expense, consequential damages (including reasonable attorney’s fees, relating to or without limitation lost profits) arising from any act acts under this agreement even if such party or omission in its performance subscriber has been advised of the possibility of such damages. Each party’s maximum liability under this Agreement, agreement shall be limited to the amount of direct damage actually incurred. In no event shall any Party be liable amounts paid by Participant to the other Parties for any indirect, special, consequential, or punitive damagesparty under this agreement.
Appears in 12 contracts
Samples: General Terms and Conditions, General Terms and Conditions, General Terms and Conditions
Limitation of Liability. Each Party’s 's liability to the other Parties Party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s 's fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any either Party be liable to the other Parties Party for any indirect, special, consequential, or punitive damagesdamages of any kind whatsoever.
Appears in 10 contracts
Samples: Power Purchase Agreement (Coronus Solar Inc.), Crest Agreement (Coronus Solar Inc.), Crest Agreement (Coronus Solar Inc.)
Limitation of Liability. Each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party be liable to the any other Parties for any indirect, incidental, special, consequential, or punitive damagesdamages of any kind whatsoever, except as allowed under paragraph 6.0.
Appears in 10 contracts
Samples: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement
Limitation of Liability. Each Party’s liability to the other Parties Party for any loss, cost, claim, injury, injury liability, or expense, including reasonable attorney’s attorneys’ fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, or punitive damages.
Appears in 9 contracts
Samples: Versant Power And, Agreement, Agreement
Limitation of Liability. Each Party’s liability to the other Parties Party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party be liable to the other Parties Party for any indirect, special, consequential, or punitive damages.
Appears in 9 contracts
Samples: Service Agreement, Service Agreement, Service Agreement
Limitation of Liability. Each Party’s liability to To the other Parties for any lossfullest extent allowed by law, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any consequential, incidental, indirect, specialspecial or punitive damages incurred by another Party and connected with, consequentialarising from or related to this Agreement , including but not limited to loss of good will, cost of capital, claims of customers and lost profits or revenue, whether or not such loss or damages is based in contract, warranty, tort, negligence, strict liability, indemnity, or punitive otherwise, even if a party has been advised of the possibility of such damages.
Appears in 9 contracts
Samples: Capacity Release Agreement, Capacity Release Agreement, Capacity Release Agreement
Limitation of Liability. Each Party’s liability to the other Parties Party for any loss, cost, claim, injury, liability, liability or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any either Party be liable to the other Parties Party for any indirect, incidental, special, consequential, or punitive damages of any kind whatsoever, provided that in no such even shall death, bodily injury or third party claims be construed as an indirect or consequential damages.
Appears in 7 contracts
Samples: Generation Interconnection Agreement, Generation Interconnection Agreement, Generation Interconnection Agreement
Limitation of Liability. Each No Party shall be liable for any indirect or consequential loss or similar damages such as but not limited to loss of profit, loss of revenue, loss of contract or the like. For any remaining contractual liability, each Party’s total aggregate liability under this Consortium Agreement towards the other Party in respect of any and all such claims shall not exceed that Party’s budget contribution (in cash and/or in kind) as foreseen in the Budget, except for and to the other Parties for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any extent that such damage was caused by a willful act or omission in its performance gross negligence. The terms of this Agreement, Consortium Agreement shall not be limited construed to the amount of direct damage actually incurred. In no event shall amend or limit any Party be liable to the other Parties for any indirect, special, consequential, or punitive damagesParty’s statutory liability.
Appears in 7 contracts
Samples: Consortium Agreement, Consortium Agreement, Consortium Agreement
Limitation of Liability. a. Each Party’s liability to the other Parties Party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating failure to or arising from any act or omission in perform its performance of obligations under this Agreement, Contract shall be limited to the amount of direct damage actually incurred. In no event shall any either Party be liable to the other Parties Party for any punitive, incidental, indirect, special, consequentialor consequential damages of any kind whatsoever, including for loss of business opportunity or punitive damagesprofits, regardless of whether such damages were foreseen.
Appears in 7 contracts
Samples: www.alliantenergy.com, www.alliantenergy.com, www.alliantenergy.com
Limitation of Liability. 3.2.1 Each Party’s liability to the other Parties Party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any either Party be liable to the other Parties Party for any indirect, special, consequential, or punitive damagesdamages of any kind whatsoever.
Appears in 6 contracts
Samples: Energy Resource Aggregation Agreement, Resource Aggregation Agreement, Resource Aggregation Agreement
Limitation of Liability. Each Party’s liability to the other Parties Party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any either Party be liable to the other Parties Party for any indirect, special, consequential, or punitive damages, except as authorized by this Agreement.
Appears in 6 contracts
Samples: Resource Interconnection Agreement, Resource Interconnection Agreement, Interconnection Agreement
Limitation of Liability. Each 10.4.1 Except for any indemnification obligations of the Parties hereunder, and except in cases of the provisioning Party’s gross negligence or willful misconduct, each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, liability or expense, including reasonable attorney’s fees, attorneys’ fees relating to or arising from out of any negligent act or omission in its performance of this Agreement, whether in contract or in tort, shall be limited to a credit for the amount actual cost of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, services or punitive damagesfunctions not performed or improperly performed.
Appears in 6 contracts
Samples: MFN Agreement, MFN Agreement, MFN Agreement
Limitation of Liability. Each Party’s No party shall be responsible to any other party for any indirect or consequential loss or similar damage such as, but not limited to, loss of profit, loss of revenue or loss of contracts. The liability of each party to the other Parties for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited in all events to the amount a maximum sum of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, or punitive damages€10,000.
Appears in 5 contracts
Samples: Grant Agreement, Grant Agreement, Gran Agreement
Limitation of Liability. Each Party’s 's liability to the other Parties Party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any either Party be liable to the other Parties Party for any indirect, incidental, special, consequential, or punitive damages of any kind whatsoever, provided that in no event shall death, bodily injury or third-party claims be construed as indirect or consequential damages.
Appears in 5 contracts
Samples: Form and Interconnection Agreement, Form and Interconnection Agreement, Generation Interconnection Agreement
Limitation of Liability. Each Party’s liability to the other Parties Party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreementhereunder, shall will be limited to the amount of direct damage actually incurred. In no event shall any will either Party be liable to the other Parties Party for any indirect, special, incidental, consequential, or punitive damagesdamages of any kind.
Appears in 5 contracts
Samples: www.sremc.com, www.roanokeelectric.com, aemc.coop
Limitation of Liability. Each Party’s 's liability to the other Parties Party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any either Party be liable to the other Parties Party for any indirect, incidental, special, consequential, or punitive damages of any kind whatsoever, provided that in no event shall death, bodily injury or third- party claims be construed as indirect or consequential damages.
Appears in 5 contracts
Samples: Generation Interconnection Agreement, Generation Interconnection Agreement, Generation Interconnection Agreement
Limitation of Liability. Each Party’s liability to the other Parties PartiesParty for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any anyeither Party be liable to the other Parties PartiesParty for any indirect, special, consequential, or punitive damages.
Appears in 5 contracts
Samples: Standard Small Generator Interconnection Agreement, Standard Small Generator Interconnection Agreement, Agreement
Limitation of Liability. Each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s 's fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, or punitive damages, except as authorized by this Agreement.
Appears in 5 contracts
Samples: Generator Interconnection Agreement, Generator Interconnection Agreement, Generator Interconnection Agreement
Limitation of Liability. Each Partyparty’s liability to the other Parties party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission omissions in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party either party be liable to the other Parties party for any indirect, incidental, special, consequential, or punitive damagesdamages of any kind whatsoever.
Appears in 5 contracts
Samples: Interconnection and Service Agreement, Interconnection and Service Agreement, Service Agreement
Limitation of Liability. 5.2.1 Each Party’s liability to the other Parties Party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any either Party be liable to the other Parties Party for any indirect, special, consequential, or punitive damagesdamages of any kind whatsoever.
Appears in 5 contracts
Samples: Resource Aggregation Agreement, Resource Aggregation Agreement, Resource Aggregation Agreement
Limitation of Liability. Each Party’s liability If any Party shall be liable to the other Parties for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, matter relating to or arising from any act or omission in its performance of connection with this Agreement, shall be limited to the amount of direct damage actually incurred. In whether based on an action or claim in contract, equity, negligence, intended conduct, tort or otherwise, in no event shall the measure of damages include, nor shall any Party be liable to the other Parties for, any amounts for any loss of income, profit or savings or indirect, specialincidental, consequential, or punitive damagesdamages of any Party or any third parties.
Appears in 4 contracts
Samples: Management Agreement (Bounty Investments, LLC), Management Agreement (Deerfield Capital Corp.), Management Agreement (Deerfield Capital Corp.)
Limitation of Liability. Each 15.1 Except for any indemnification obligations of the Parties hereunder, each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, Loss relating to or arising from out of any cause whatsoever, including any negligent act or omission (whether willful or inadvertent) whether based in its contract, tort, strict liability or otherwise, relating to the performance of this Agreement, shall be limited to not exceed a credit for the amount actual cost of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirectFacilities, specialproducts, consequential, services or punitive damagesfunctions not performed or provided or improperly performed or provided.
Appears in 4 contracts
Samples: Agreement, Agreement, Wholesale Agreement
Limitation of Liability. Each Party’s 's liability to the other Parties Party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s 's fees, relating to or arising from any act or omission in its performance of this Agreementagreement, shall be limited to the amount of direct damage actually incurred. In no event shall any either Party be liable to the other Parties Party for any indirect, special, consequential, or punitive damagesdamages of any kind whatsoever.
Appears in 4 contracts
Samples: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement
Limitation of Liability. Each Partyparty’s liability to the other Parties party for any loss, cost, claim, injury, liability, judgment or expense, including reasonable attorney’s attorney fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party either party be liable to the other Parties party for any indirect, incidental, special, consequential, or punitive damagesdamages of any kind whatsoever.
Appears in 4 contracts
Samples: Generator Interconnect Agreement, Generator Interconnect Agreement, Generator Interconnect Agreement
Limitation of Liability. Each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. a. In no event shall any either Party be liable hereunder to the other Parties Party for any indirect, specialincidental, consequentialspecial or other consequential damages, including without limitation damages for loss of profits or use or loss of data incurred by the other Party or any third party, arising out of or related to this agreement, whether in an action in contract, tort, or punitive otherwise, even if the other Party has been advised of the possibility of such damages.
Appears in 4 contracts
Samples: Monthly Billing Agreement, assets.website-files.com, Monthly Billing Agreement
Limitation of Liability. Each Party’s 's liability to the other Parties Party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s 's fees, relating to or arising from any act or omission in its performance of this Agreementhereunder, shall be limited to the amount of direct damage actually incurred. In no event shall any either Party be liable to the other Parties Party for any indirect, special, incidental, consequential, or punitive damagesdamages of any kind.
Appears in 3 contracts
Samples: Agreement, Study Agreement, desitecoreprod-cd.azureedge.net
Limitation of Liability. Each Partyparty’s liability to the other Parties party for any loss, cost, claim, injury, liability, judgment or expense, including reasonable attorney’s attorney fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party either party be liable to the other Parties for party from any indirect, incidental, special, consequential, or punitive damagesdamages of any kind whatsoever.
Appears in 3 contracts
Samples: Small Generation System Interconnection Agreement, Small Generation System Interconnection Agreement, Small Generation System Interconnection Agreement
Limitation of Liability. Each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party Party, its officers, employees or agents be liable to the other Parties Party (on the basis of breach of contract, indemnity, warranty or tort, including negligence and strict or absolute liability, or breach of statutory duty or otherwise) for any indirectmatter arising out of or in connection with this Agreement in respect of any Consequential Loss suffered by the other Party. Each Party undertakes not to xxx the other Party, specialits officers, consequentialemployees, agents or punitive damagessub-contractors in respect of such Consequential Loss.
Appears in 3 contracts
Samples: Leave and License Agreement, Leave and License Agreement, Leave and License Agreement
Limitation of Liability. Each Party’s 's liability to the other Parties Party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s 's fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any either Party be liable to the other Parties Party for any indirect, special, consequential, or punitive damages, except as authorized by this Agreement.
Appears in 3 contracts
Samples: Interconnection Agreement, Small Generator Interconnection Agreement, Small Generator Interconnection Agreement
Limitation of Liability. Each 8.4.1 Except for any indemnification obligations of the Parties hereunder, each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, injury or liability or expense, including reasonable attorney’s fees, fees relating to or arising from out of any act or omission in its performance of this AgreementAgreement whether in contract or in tort, shall be limited to a credit for the amount actual cost of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, services or punitive damagesfunctions not performed or improperly performed except in instances of gross negligence or fraudulent misrepresentation or willful or wanton misconduct.
Appears in 3 contracts
Limitation of Liability. Each 7.3.1 Except for any indemnification obligations of the Parties hereunder, each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, injury or liability or expense, including reasonable attorney’s fees, fees relating to or arising from out of any negligent act or omission in its performance of this AgreementAgreement whether in contract or in tort, shall be limited to a credit for the amount actual cost of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, services or punitive damagesfunctions not performed or improperly performed.
Appears in 3 contracts
Samples: Interconnection Agreement, Clec Agreement, Interconnection Agreement
Limitation of Liability. Each 6.3.1 Except for any indemnification obligations of the Parties hereunder, each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, injury or liability or expense, including reasonable attorney’s fees, attorneys’ fees relating to or arising from out of any negligent act or omission in its performance of this AgreementAgreement whether in contract or in tort, shall be limited to a credit for the amount actual cost of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, services or punitive damagesfunctions not performed or improperly performed.
Appears in 3 contracts
Samples: MFN Agreement, MFN Agreement, MFN Agreement
Limitation of Liability. Each Except as set forth in this Article: (a) no Party shall be liable to another Party’s liability to the other Parties , directly or indirectly, for any loss, cost, claim, injury, liability, damages or expense, including reasonable attorney’s fees, relating losses of any kind sustained due to or arising from any act or omission in failure to perform its performance of obligations under this Agreement, unless such failure to perform was malicious or reckless; and (b) any liability of a Party to another Party shall be limited to the amount of direct damage actually incurred. In damages, and no event shall any Party be liable lost profits, damages to the other Parties compensate for any indirectlost goodwill, special, consequentialconsequential damages, or punitive damagesdamages shall be sought or awarded.
Appears in 3 contracts
Samples: Joint Reliability Coordination Agreement, psc.ky.gov, www.oatioasis.com
Limitation of Liability. Each Partyparty’s liability to the other Parties party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreementagreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party either party be liable to the other Parties party for any indirect, incidental, special, consequential, or punitive damagesdamages of any kind whatsoever.
Appears in 3 contracts
Samples: www.pepco.com, www.pepco.com, www.pepco.com
Limitation of Liability. Each 6.3.1 Except for any indemnification obligations of the Parties hereunder, each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, liability or expense, including reasonable attorney’s fees, attorneys’ fees relating to or arising from out of any negligent act or omission in its performance of this Agreement, whether in contract or in tort, shall Version – 11/12/03 be limited to a credit for the amount actual cost of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, Services not performed or punitive damagesimproperly performed.
Appears in 3 contracts
Samples: General Terms and Conditions, General Terms and Conditions, General Terms and Conditions
Limitation of Liability. Each Party’s 's liability to the other Parties for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s 's fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, or punitive damages, except as authorized by this Agreement.
Appears in 3 contracts
Samples: Interconnection Agreement, Interconnection Agreement, Small Generator Interconnection Agreement
Limitation of Liability. Each Partyparty’s liability to the other Parties party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to to, or arising from from, any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party either party be liable to the other Parties party for any indirect, incidental, special, consequential, or punitive damagesdamages of any kind whatsoever.
Appears in 2 contracts
Samples: concordma.gov, concordma.gov
Limitation of Liability. Each Party’s 's liability to the other Parties party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s 's fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any either Party be liable to the other Parties party for any indirect, incidental, special, consequential, or punitive damagesdamages of any kind whatsoever, except as allowed under paragraph 7.0.
Appears in 2 contracts
Samples: Level 1 Interconnection Agreement, Level 1 Interconnection Agreement
Limitation of Liability. Each Party’s liability to the other 17.1 The Parties shall not be liable for any lossindirect or consequential loss or consequential damage that Party has caused to any other Party. This limitation shall not, costhowever, claim, injury, liability, or expense, including reasonable attorney’s fees, relating apply to or arising from any act or omission loss which can be attributed to gross negligence and wilful breach of contract. This agreement has been executed in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party be liable to the other Parties one original for any indirect, special, consequential, or punitive damageseach original Signatory.
Appears in 2 contracts
Samples: Modelling Programme Agreement, Modelling Programme Agreement
Limitation of Liability. Each Partyparty’s liability to the other Parties party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party either party be liable to the other Parties party for any indirect, incidental, special, consequential, or punitive damagesdamages of any kind whatsoever, except as allowed under paragraph 6.0.
Appears in 2 contracts
Samples: Study Agreement, www.oatioasis.com
Limitation of Liability. Each 22.1 Except for any indemnification obligations of the Parties hereunder, each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, Loss relating to or arising from out of any cause whatsoever, including any negligent act or omission (whether willful or inadvertent) whether based in its contract, tort, strict liability or otherwise, relating to the performance of this Agreement, shall be limited to not exceed a credit for the amount actual cost of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirectFacilities, specialproducts, consequential, services or punitive damagesfunctions not performed or provided or improperly performed or provided.
Appears in 2 contracts
Samples: psc.ky.gov, psc.ky.gov
Limitation of Liability. Each 6.3.1 Except for any indemnification obligations of the Parties hereunder, each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, liability or expense, including reasonable attorney’s fees, attorneys’ fees relating to or arising from out of any negligent act or omission in its performance of this Agreement, whether in contract or in tort, shall be limited to a credit for the amount actual cost of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, Services not performed or punitive damagesimproperly performed.
Appears in 2 contracts
Samples: General Terms and Conditions, General Terms and Conditions
Limitation of Liability. Each 15.1 Except for any indemnification obligations of the Parties hereunder, each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, Loss relating to or arising from out of any cause whatsoever, including any negligent act or omission (whether willful or inadvertent) whether based in its contract, tort, strict liability or otherwise, relating to the performance of this Agreement, shall be limited to not exceed a credit for the amount actual cost of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirectfacilities, specialproducts, consequential, services or punitive damagesfunctions not performed or provided or improperly performed or provided.
Appears in 2 contracts
Samples: Transit Agreement, psc.ky.gov
Limitation of Liability. Each 6.3.1 Except for any indemnification obligations of the Parties hereunder, each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, liability or expense, including reasonable attorney’s fees, attorneys’ fees relating to or arising from out of any negligent act or omission in its performance of this Agreement, whether in contract or in tort, shall be limited to a credit for the amount actual cost of direct damage actually incurredthe Services not performed or improperly performed. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, or punitive damages.Version – 11/12/03
Appears in 2 contracts
Samples: General Terms and Conditions, General Terms and Conditions
Limitation of Liability. 6.1 Each Party’s party's liability to the other Parties for any loss, cost, claim, injury, liability, liability or expense, including reasonable attorney’s attorney fees, relating to or arising from out of any negligent act or omission in its performance of obligations arising out of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event With respect to claims arising out of this Agreement, either party's cumulative liability, whether in contract, tort or otherwise, shall any Party be liable not exceed the total charges applicable to the other Parties for any indirect, special, consequential, or punitive damagesbilling and collection services rendered under this Agreement.
Appears in 2 contracts
Samples: Billing and Mis Services Agreement (Facilicom International Inc), 18 Services Agreement (Facilicom International Inc)
Limitation of Liability. Each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party be liable to the any other Parties Party for any consequential, indirect, specialincidental, consequentialpunitive, exemplary, special or punitive damagessimilar damages or lost profits suffered, directly or indirectly, by any Party. Each Party shall be discharged from any and all liability with respect to services performed and any loss or damage Claims arising out of this Agreement or the Schedule unless suit or action is commenced within two years after the applicable cause of action arises.
Appears in 2 contracts
Samples: Master Terminal Services Agreement (Valero Energy Partners Lp), Master Terminal Services Agreement (Valero Energy Partners Lp)
Limitation of Liability. Each Party’s liability to A. Except where caused by the other Parties Party's negligence or willful misconduct, each Party shall be responsible for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating all physical damage to or arising destruction of the property, equipment and/or facilities owned by it, and shall not seek recovery or reimbursement from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party be liable to the other Parties Party for any indirect, special, consequential, or punitive damagessuch damage.
Appears in 2 contracts
Samples: Power Purchase Agreement (McKenzie Bay International LTD), Standard Power Purchase Agreement (McKenzie Bay International LTD)
Limitation of Liability. Each Partyparty’s liability to the other Parties party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct direct, damage actually incurred. In no event shall any Party either party be liable to the other Parties party for any indirect, incidental, special, consequential, or punitive damagesdamages of any kind whatsoever.
Appears in 2 contracts
Samples: mtcpu.com, www3.champaignschools.org
Limitation of Liability. Each Party’s party's liability to the other Parties party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s 's fees, relating to or arising from any act or omission in its performance of this Agreementhereunder, shall be limited to the amount of direct damage actually incurred. In no event shall any Party either party be liable to the other Parties party for any indirect, special, incidental, consequential, or punitive damagesdamages of any kind.
Appears in 2 contracts
Samples: Interconnection Agreement for Small Generation, Interconnection Agreement for Small Generation
Limitation of Liability. Each Partyparty’s liability to the other Parties party for any loss, cost, cost claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreementhereunder, shall be limited to the amount of direct damage actually incurred. In no event shall any Party either party be liable to the other Parties party for any indirect, special, incidental, consequential, or punitive damagesdamages or any kind.
Appears in 2 contracts
Samples: Interconnection Service Agreement, Interconnection Service Agreement
Limitation of Liability. Each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party be liable to the any other Parties Party for any consequential, indirect, specialincidental, consequentialpunitive, exemplary, special or punitive damagessimilar damages or lost profits suffered, directly or indirectly, by any Party. Each Party shall be discharged from any and all liability with respect to services performed and any loss or damage Claims arising out of the Schedule or this Agreement unless suit or action is commenced within two years after the applicable cause of action arises.
Appears in 2 contracts
Samples: Transportation Services (Valero Energy Partners Lp), Transportation Services (Valero Energy Partners Lp)
Limitation of Liability. Each Party’s liability to the other The Parties for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party not be liable to the other Parties or any other person or entity (under contract, strict liability, negligence, or other theory) for any special, indirect, specialexemplary, consequentialincidental, or punitive consequential damages, including ANY SUCH DAMAGES BASED ON lost profits, opportunities or savings, arising out of or related to the subject matter of this Agreement, even if advised of the possibility of the foregoing.
Appears in 2 contracts
Samples: Settlement, Release and Cross License Agreement (Juniper Networks Inc), Settlement, Release and Cross License Agreement (Palo Alto Networks Inc)
Limitation of Liability. Each Partyparty’s liability to the other Parties party for any loss, cost, claim, injury, liability, judgment or expense, including reasonable attorney’s attorney fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party either party be liable to the other Parties for party from any indirect, incidental, special, consequential, or punitive damagesdamages of any kind whatsoever.
Appears in 1 contract
Limitation of Liability. 15.1 Each Party agrees that the liability (in contract or tort or under statute or otherwise) of each Party hereof for any economic loss or damage due to the act/omission of the other Party arising out of or in connection with this Agreement, howsoever, the loss or damage is caused, excluding such Party’s liability to the other Parties for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance gross negligence and wilful default as is finally determined by a court of this Agreementcompetent jurisdiction, shall be limited to the total amount of direct damage actually incurred. In no event shall any Party be liable to fees due in accordance with the other Parties for any indirect, special, consequential, or punitive damagesterms of this Agreement and the Engagement Letter.
Appears in 1 contract
Samples: Issue Agreement
Limitation of Liability. Each Partyparty’s liability to the other Parties party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreementapplication/agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party either party be liable to the other Parties party for any indirect, incidental, special, consequential, or punitive damagesdamages of any kind whatsoever.
Appears in 1 contract
Samples: webapp.psc.state.md.us
Limitation of Liability. Each Party’s liability 10.1. None of the Parties shall be liable to the other Parties Parties, for any lossindirect, costincidental, claim, injury, liabilityconsequential, or expense, including reasonable attorney’s fees, relating to or punitive damages arising from out of any act or omission in its performance of this Agreement, shall be limited to regardless of whether such damages are based on tort, warranty, contract or any other legal theory, even if such other Party is advised of the amount possibility of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, or punitive such damages.
Appears in 1 contract
Samples: Online Cooperation Agreement
Limitation of Liability. Each 8.3.1 Except for any indemnification obligations of the Parties hereunder, each Party’s liability to the other Parties for any loss, cost, claim, injury, injury or liability, or expense, including reasonable attorney’s fees, attorneys’ fees relating to or arising from out of any negligent act or omission in its performance of this Agreement, whether in contract or in tort, shall be limited to a credit for the amount actual cost of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, services or punitive damagesfunctions not performed or improperly performed.
Appears in 1 contract
Samples: Clec Agreement
Limitation of Liability. 1. Each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, Party shall be limited to the amount of direct damage actually incurred. In no event shall any Party be liable to the other Parties for direct damages for any indirectloss, special, consequential, defect or punitive damagesequipment failure resulting from the causing Party’s conduct or the conduct of its agents or contractors in performing the obligations contained in this Agreement.
Appears in 1 contract
Samples: Interconnection Agreement
Limitation of Liability. Each Party’s 's liability to the other Parties PartiesParty for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s 's fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any anyeither Party be liable to the other Parties PartiesParty for any indirect, special, consequential, or punitive damages, except as authorized by this Agreement.
Appears in 1 contract
Samples: Limitations of Agreement
Limitation of Liability. Each Party’s party's liability to the other Parties party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s 's fees, relating to or arising from any act or omission in its performance of this AgreementApplication/agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party either party be liable to the other Parties party for any indirect, incidental, special, consequential, or punitive damagesdamages of any kind whatsoever.
Appears in 1 contract
Samples: www.forestgrove-or.gov
Limitation of Liability. 19.1 Each Party’s liability to the other Parties Party for any loss, cost, claim, injury, injury liability, or expense, including reasonable attorney’s attorneys’ fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, or punitive damages.
Appears in 1 contract
Samples: Standard Service Agreement
Limitation of Liability. 6.3.1 Each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, injury or liability or expense, including reasonable attorney’s fees, fees relating to or arising from out of any negligent act or omission in its performance of this AgreementAgreement whether in contract or in tort, shall be limited to a credit for the amount actual cost of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, services or punitive damagesfunctions not performed or improperly performed.
Appears in 1 contract
Samples: psc.ky.gov
Limitation of Liability. Each Party’s liability to the other Parties Party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. SERVICE AGREEMENT NO. 2624 In no event shall any either Party be liable to the other Parties Party for any indirect, special, consequential, or punitive damages.
Appears in 1 contract
Samples: Service Agreement
Limitation of Liability. 3.3.1 Each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, injury or liability or expense, including reasonable attorney’s fees, fees relating to or arising from out of any negligent act or omission in its performance of this AgreementAgreement whether in contract or in tort, shall be limited to a credit for the amount actual cost of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, services or punitive damagesfunctions not performed or improperly performed.
Appears in 1 contract
Samples: Agreement
Limitation of Liability. 7.3.1 Each Party’s 's liability to the other Parties for any loss, cost, claim, injury, liability, injury or liability or expense, including reasonable attorney’s fees, 's fees relating to or arising from out of any negligent act or omission in its performance of this AgreementAgreement whether in contract or in tort, shall be limited to a credit for the amount actual cost of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, services or punitive damagesfunctions not performed or improperly performed.
Appears in 1 contract
Limitation of Liability. Each Party’s Except in connection with injury or loss of life and cases of willful misconduct or gross negligence, each Party limits its total liability for loss or damage in connection with its actions in fulfilling its obligations under this Agreement to the other Parties for any lossactual damages or $10,000, costwhichever is less. Except in case of willful misconduct or gross negligence, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party will be liable to the other Parties for any indirect, special, consequentialpunitive, or punitive damagesconsequential losses or damage.
Appears in 1 contract
Samples: Research and Development Instructional Experience Agreement
Limitation of Liability. Each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, 14.1 No Party shall be limited to the amount of direct damage actually incurred. In no event shall any Party be liable to the other Parties another Party, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any indirect, special, consequential, indirect or punitive damagesconsequential loss arising under or in connection with this Agreement.
Appears in 1 contract
Samples: Sharing Agreement
Limitation of Liability. 26.7.1 Each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, Party shall be limited to the amount of direct damage actually incurred. In no event shall any Party be liable to the other Parties for direct damages for any indirectloss, special, consequential, defect or punitive damagesequipment failure resulting from the causing Party’s conduct or the conduct of its agents or contractors in performing the obligations contained in this Agreement.
Appears in 1 contract
Samples: Interconnection Agreement
Limitation of Liability. Each Party will be liable for damages caused by the gross negligence or willful misconduct of that Party’s liability to the other Parties for any loss, costits employees, claim, injury, liabilityagents, or expensesubcontractors. For all other Claims under this Contract, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall will any Party be liable to the any other Parties Party for any indirect, specialincidental, consequential, or punitive damages, including (without limitation) loss of profit, income, or savings, even if advised of the possibility of these damages.
Appears in 1 contract
Samples: Information Technology
Limitation of Liability. 1. Each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, Party shall be limited to the amount of direct damage actually incurred. In no event shall any Party be liable to the other Parties for direct damages for any indirectloss, special, consequentialdefect, or punitive damagesequipment failure resulting from or caused by the other Party’s acts or omissions or the acts or omissions of its agents or contractors in performing the obligations contained in this Agreement.
Appears in 1 contract
Samples: Service Resale Agreement
Limitation of Liability. 7.1 Each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, Party shall be limited to the amount of direct damage actually incurred. In no event shall any Party be liable to the other Parties Party, its agents and employees for any indirectall losses or damages arising out of or attributable to the acts or omissions, special, consequential, willful misconduct or punitive damagesbreach of this Lease by such Party.
Appears in 1 contract
Limitation of Liability. Each Partyparty’s liability to the other Parties party for any loss, cost, claim, injury, liability, judgement or expense, including reasonable attorney’s attorney fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party either party be liable to the other Parties party for any indirect, incidental, special, consequential, or punitive damagesdamages of any kind whatsoever.
Appears in 1 contract
Limitation of Liability. Each Party’s All claims of liability to between the other Parties for any lossshall, costregardless of the form or cause of action, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In damages and in no event shall any either Party be liable to the other Parties Party or to any third party for any indirect, incidental, special, consequentialconsequential (including, without limitation, damages attributed to lost profits, loss of goodwill, or business interruption) punitive and exemplary damages, even if the other Party has been advised of the possibility of such damages.
Appears in 1 contract
Samples: Subservicing Agreement (Provident Mortgage Capital Associates, Inc.)