Common use of Consequential and Other Damages Clause in Contracts

Consequential and Other Damages. Notwithstanding anything to the contrary contained in this Agreement (including Section 5.01 and Section 5.03), no Party shall be liable to any other Party or its Affiliates, or its or their respective Representatives, whether in contract, tort (including negligence and strict liability) or otherwise, at law or in equity, for any consequential, special, incidental, indirect, punitive or similar damages whatsoever (including lost profits, diminution of value, or damages calculated on multiples of earnings or other metrics or approaches).

Consequential and Other Damages. Notwithstanding anything to the contrary contained in this Agreement (including Section 5.01 and Section 5.03), no No Party shall be liable to any other Party or its Affiliates, or its or their respective Representativesliable, whether in contract, tort (including negligence and strict liability) contractually or extra-contractually or otherwise, at law or in equity, for any consequential, special, incidental, indirect, punitive indirect or similar consequential damages whatsoever (including lost profitswhich in any way arise out of, diminution of valueare related to, or are a consequence of, its performance or nonperformance hereunder, or the provision of or failure to provide any service hereunder, including indirect loss of profits. The foregoing limitations do not apply to third- party claims that are subject to indemnification under Section 6.1 or any damages calculated on multiples resulting from a breach by such Party of earnings or other metrics or approaches)Section 4.3.

Consequential and Other Damages. Notwithstanding anything In no event shall either Party be liable with respect to this Agreement for any special, indirect, incidental, punitive or consequential damages of any kind, including damages to the contrary contained in this Agreement (including Section 5.01 other Party`s business reputation however caused, and Section 5.03), no Party shall be liable to on any other Party or its Affiliates, or its or their respective Representatives, theory of liability whether in an action for contract, strict liability or tort (including negligence and strict liabilitynegligence) or otherwise, at law whether or in equity, for any consequential, special, incidental, indirect, punitive or similar damages whatsoever (including lost profits, diminution not the first party has been advised of value, or damages calculated on multiples the possibility of earnings or other metrics or approaches)such damages.

Consequential and Other Damages. Notwithstanding anything to the contrary contained in this Agreement (including Section 5.01 and Section 5.03), no No Party shall be liable to any the other Party or its Affiliates, or its or their respective Representatives, whether in under any contract, tort (including negligence and negligence, strict liability) liability or otherwise, at law or in equity, other theory for any consequential, specialindirect, incidental, indirectconsequential, punitive or similar other special damages whatsoever (including without limitation lost profits) asserted by the other Party; provided that this Section shall not be deemed to expand, diminution of value, reduce or damages calculated on multiples of earnings otherwise affect any claims or other metrics or approaches)rights reserved by the Parties under Sections 6.1 and 6.2.

Consequential and Other Damages. Notwithstanding anything to the contrary contained Except as provided in this Agreement (including Section 5.01 and Section 5.03)7, no Party neither party shall be liable to any the other Party or its Affiliates, or its or their respective Representativesparty, whether in contract, tort (including negligence and strict liability) ), or otherwise, at law or in equity, for any consequential, special, incidental, indirect, punitive incidental or similar consequential damages whatsoever (including lost loss of profits), diminution of valuewhich in any way arise out of, relate to, or damages calculated on multiples are a consequence of, its performance or nonperformance hereunder, or the provision of earnings or other metrics or approaches)failure to provide any Service hereunder.

Consequential and Other Damages. Notwithstanding anything to the contrary contained in this Agreement (including Section 5.01 and Section 5.03), no No Party shall hereto will be liable to any other Party or its Affiliates, or its or their respective Representatives, whether in contract, tort (including negligence and strict liability) or otherwise, at law or in equity, Parties for any consequential, specialindirect, incidental, indirectconsequential, punitive or similar special damages whatsoever (including including, but not limited to, lost profitsprofits arising from or relating to any breach of this Agreement, diminution regardless of value, or damages calculated on multiples any notice of earnings or other metrics or approaches)the possibility of such damages.