Consequential and Incidental Damages Sample Clauses

Consequential and Incidental Damages. Except as otherwise expressly allowed by this Lease, neither Landlord nor Tenant shall be liable to the other for consequential or incidental damages.

Consequential and Incidental Damages. Except to the extent asserted by a third party against a party hereto, no party hereto shall seek consequential or incidental damages from any other party pursuant to this Article, nor shall it accept payment of any award or judgment rendered in favor of one party against another party, to the extent that such award or judgment includes consequential or incidental damages.

Consequential and Incidental Damages. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, OR INCIDENTAL DAMAGES, HOWEVER CAUSED, ON ANY THEORY OF LIABILITY AND WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING IN ANY WAY OUT OF THIS AGREEMENT OR THE DESIGNS, PRODUCTS, NEW PRODUCTS, UPDATES, MANUFACTURING PROCESSES, INFORMATION OR OTHER TECHNOLOGY PROVIDED PURSUANT TO THIS AGREEMENT.

Consequential and Incidental Damages. NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY HEREUNDER FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING ANY DAMAGES FOR LOSS OF USE, LOSS OF BUSINESS, OR LOSS OF PROFITS OR REVENUE, UNDER ANY THEORY OF LAW AND WHETHER OR NOT THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OR SUCH DAMAGE.

Consequential and Incidental Damages. Service Provider shall not be held liable for any indirect, special, incidental or consequential damages, including but not limited to loss of profits or revenue, loss of use of equipment, loss of data, loss of use of data, costs of substitute equipment or other costs, unless the loss was caused by the negligence of the Service Provider or an intentional act by Service Provider or its employees or agents.

Consequential and Incidental Damages. No indemnification pursuant to Section 8.2 or Section 8.3 with respect to any Damages that are consequential or incidental damages shall be required (i) unless any such Damages related to a single item (or series of related items resulting from the same event, fact or occurrence) exceed $1,000,000, in which case Seller shall be liable for such Damages in excess of $1,000,000. Except in the case of actual fraud, the maximum aggregate amount of Damages against which either party shall be required to indemnify the other in respect of consequential or incidental Damages shall be an amount equal to 10% of the Purchase Price. Purchaser shall make commercially reasonable efforts to mitigate any consequential or incidental Damages that an Indemnified Party asserts under this Article VIII. For the avoidance of doubt, any consequential or incidental damages (x) are also subject to the other limitations set forth in this Agreement and (y) count against the other limitations set forth in this Agreement.

Consequential and Incidental Damages. In no event under this Agreement shall either party be liable to the other for consequential or incidental damages arising from the breach or alleged breach of the Agreement, except to the extent such damages may be part of a third-party claim that is covered under the indemnification provisions of Section 15 of this Agreement.