Common use of Consequential Damage Exclusion Clause in Contracts

Consequential Damage Exclusion. UNDER NO CIRCUMSTANCES ARISING FROM THIS AGREEMENT, THE STN AGREEMENT OR ANY OTHER AGREEMENT BETWEEN Citi AND THE PROVIDER OF THE LICENSED SYSTEM SHALL Citi OR STN AND THEIR AFFILIATES, OR ANY THIRD PARTY PROVIDERS (EXCLUDING INTERMEDIARIES) BE LIABLE TO THE COMPANY OR ANY OTHER PERSON FOR LOST REVENUES, LOST PROFITS, LOSS OF BUSINESS, OR ANY INCIDENTAL, INDIRECT, EXEMPLARY, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING SUCH DAMAGES ARISING FROM ANY BREACH OF THIS AGREEMENT OR TERMINATION OF THIS AGREEMENT, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE AND WHETHER OR NOT FORESEEABLE, EVEN IF Citi OR STN (OR THEIR AFFILIATE OR A THIRD PARTY PROVIDER (EXCLUDING INTERMEDIARIES), AS THE CASE MAY BE) HAS BEEN ADVISED OF OR WAS AWARE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.

Consequential Damage Exclusion. UNDER NO CIRCUMSTANCES ARISING FROM THIS AGREEMENT, THE STN AGREEMENT OR ANY OTHER AGREEMENT BETWEEN Citi CITI AND THE PROVIDER OF THE LICENSED SYSTEM SHALL Citi CITI OR STN AND THEIR AFFILIATES, OR ANY THIRD PARTY PROVIDERS (EXCLUDING INTERMEDIARIES) BE LIABLE TO THE COMPANY OR ANY OTHER PERSON FOR LOST REVENUES, LOST PROFITS, LOSS OF BUSINESS, OR ANY INCIDENTAL, INDIRECT, EXEMPLARY, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING SUCH DAMAGES ARISING FROM ANY BREACH OF THIS AGREEMENT OR TERMINATION OF THIS AGREEMENT, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE AND WHETHER OR NOT FORESEEABLE, EVEN IF Citi CITI OR STN (OR THEIR AFFILIATE OR A THIRD PARTY PROVIDER (EXCLUDING INTERMEDIARIES), AS THE CASE MAY BE) HAS BEEN ADVISED OF OR WAS AWARE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.

Consequential Damage Exclusion. UNDER NO CIRCUMSTANCES ARISING FROM THIS AGREEMENT, THE STN AGREEMENT OR ANY OTHER AGREEMENT BETWEEN Citi SHALL SUNGARD AND THE PROVIDER OF THE LICENSED SYSTEM SHALL Citi OR STN AND THEIR ITS AFFILIATES, OR ANY THIRD PARTY PROVIDERS (EXCLUDING INTERMEDIARIES) BE LIABLE TO THE COMPANY FINANCIAL INTERMEDIARY OR ANY OTHER PERSON FOR LOST REVENUES, LOST PROFITS, LOSS OF BUSINESS, OR ANY INCIDENTAL, INDIRECT, EXEMPLARY, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING SUCH DAMAGES ARISING OUT OF (a) THE USE OF OR INABILITY TO USE THE SYSTEM CONNECTION, OR (b) FROM ANY BREACH OF THIS AGREEMENT OR (c) TERMINATION OF THIS AGREEMENT, OR (d) FOR THE TRUTH, ACCURACY, SEQUENCE, TIMELINESS OR COMPLETENESS OF ANY INFORMATION (INCLUDING THIRD PARTY SERVICES) PROVIDED BY OR PROCESSED BY THE APPLICATIONS" WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE AND WHETHER OR NOT FORESEEABLE, EVEN IF Citi OR STN SUNGARD (OR THEIR ITS AFFILIATE OR A THIRD PARTY PROVIDER (EXCLUDING INTERMEDIARIES)PROVIDER, AS THE CASE MAY BE) HAS BEEN ADVISED OF OR WAS AWARE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.

Consequential Damage Exclusion. EXCEPT WITH RESPECT TO A BREACH OF SECTION 7 (CONFIDENITIALITY), AND EXCEPT IN THE EVENT OF DAMAGES OCCASIONED BY THE GROSS NEGLIGENCE OR INTENTIONAL MISCONDCUT OF A PARTY OR ITS EMPLOYEES OR AGENTS, UNDER NO CIRCUMSTANCES ARISING FROM THIS AGREEMENT, THE STN AGREEMENT SHALL EITHER PARTY (OR ANY OTHER AGREEMENT BETWEEN Citi AND THE PROVIDER OF THE LICENSED SYSTEM SHALL Citi OR STN AND THEIR ITS AFFILIATES, OR ANY THIRD PARTY PROVIDERS (EXCLUDING INTERMEDIARIES) BE LIABLE TO THE COMPANY OTHER OR ANY OTHER PERSON FOR LOST REVENUES, LOST PROFITS, LOSS OF BUSINESS, OR ANY INCIDENTAL, INDIRECT, EXEMPLARY, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING SUCH DAMAGES ARISING FROM ANY BREACH OF THIS AGREEMENT OR ANY TERMINATION OF THIS AGREEMENT, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE AND WHETHER OR NOT FORESEEABLE, EVEN IF Citi OR STN (OR THEIR AFFILIATE OR A THIRD THE PARTY PROVIDER (EXCLUDING INTERMEDIARIES), AS CAUSING THE CASE MAY BE) DAMAGE HAS BEEN ADVISED OF OR WAS AWARE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.