Acknowledged Direct Damages. (a) For the avoidance of doubt, the following shall be considered direct damages and neither Party shall assert that they are indirect, incidental, collateral, consequential or special damages, or lost profits to the extent they result directly from the breaching Party's failure to perform in accordance with this Agreement:
Acknowledged Direct Damages. The Parties acknowledge that amounts paid by a Party to a third party that are the subject of indemnification under this Agreement shall be considered direct damages under this Agreement.
Acknowledged Direct Damages. The following shall be considered direct damages and neither Party shall assert that they are indirect, incidental, collateral, exemplary, punitive, consequential or special damages or lost profits to the extent they result from either Party’s failure to perform in accordance with this Agreement: Master Services Agreement (i) Costs and expenses of recreating or reloading any lost, stolen or damaged Client Data.
Acknowledged Direct Damages. THE PARTIES ACKNOWLEDGE AND AGREE THAT THE FOLLOWING TYPES OF DAMAGES SHALL ALL BE CONSTRUED AS DIRECT DAMAGES AND NOT AS INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES: REASONABLE ADDITIONAL COSTS THAT THE CLIENT IS REQUIRED TO EXPEND DURING THE NINETY (90) DAY PERIOD IMMEDIATELY FOLLOWING A MATERIAL DEFAULT TO PROVIDE REASONABLY COMPARABLE SERVICES ITSELF OR PROCURE REASONABLY COMPARABLE SERVICES FROM AN ALTERNATIVE SOURCE AS A RESULT OF SUCH DEFAULT BY VENDOR HEREUNDER (TO THE EXTENT IN EXCESS OF THE FEES THAT CLIENT WOULD HAVE PAID TO VENDOR PURSUANT TO THIS AGREEMENT).
Acknowledged Direct Damages. The following shall be considered direct damages and CSC shall not assert that they are indirect, consequential, exemplary or punitive damages to the extent they result from CSC’s breach of this Agreement:
Acknowledged Direct Damages. THE PARTIES ACKNOWLEDGE AND AGREE THAT THE FOLLOWING TYPES OF DAMAGES SHALL ALL BE CONSTRUED AS DIRECT DAMAGES AND NOT AS INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES:
Acknowledged Direct Damages. Any damages resulting from breach of confidentiality, privacy or data security obligations pursuant to an applicable PURCHASE ORDER or these Ts&Cs are acknowledged to be direct damages and neither party will assert these damages are special, indirect or consequential.
Acknowledged Direct Damages. The following categories of expense shall be considered direct damages and neither Party shall assert that they are indirect, incidental, collateral, consequential or special damages or lost profits to the extent they result from either Party’s failure to perform in accordance with this Agreement: (i) Costs and expenses of recreating or reloading a Party’s information which is lost, stolen or damaged as a result of a Party’s breach of its obligations under this Agreement. (ii) Costs and expenses of implementing a work-around in respect of a failure to provide the Services or any part thereof as required by this Agreement. (iii) Costs and expenses of replacing lost, stolen or damaged Equipment, Software, and Materials. (iv) Costs and expense incurred to procure the Services, including lost incentives and hiring costs and costs and expenses associated with the retention of external consultants and legal counsel, if the Services are wrongfully terminated.
Acknowledged Direct Damages. The following shall be considered direct damages and neither Party shall assert that they are indirect, incidental, collateral, consequential or special damages or lost profits to the extent they result directly from either Party's failure to perform in accordance with this Agreement: Final Confidential and Proprietary Information of IBM and Xxxxxxxx
Acknowledged Direct Damages. Without limiting the generality of the provisions of this Article XVII, the following shall be considered a non-exclusive list of direct damages and neither Party shall assert that they constitute indirect, incidental, consequential or special damages or lost profits to the extent they result directly from either Party’s breach of its obligations under the Agreement:
