CONSEQUENTIAL DAMAGES EXCLUSION. IN NO EVENT WILL LICENSOR (AND ITS BUSINESS PARTNERS, LICENSORS OR SERVICE PROVIDERS) BE LIABLE FOR ANY OF THE FOLLOWING DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS XXXX: (i) INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY CHARACTER REGARDLESS OF THE LEGAL THEORY ASSERTED, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHERWISE, (ii) COVER DAMAGES OR OTHER SIMILAR DAMAGES (INCLUDING THE COST OF PROCURING AN ALTERNATE VENDOR OR SERVICE); OR (iii) ANY LOSS OF PROFITS, BUINESS, GOODWILL (INCLUDING PECUNIARY LOSSES ARISING FROM LOSS OF GOODWILL), REVENUE, OR LOSSES RELATED TO STOPPAGE IN CUSTOMER’S OPERATION. THE DAMAGES DESCRIBED IN THIS SECTION ARE EXCLUDED, EVEN IF A PARTY IS EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
CONSEQUENTIAL DAMAGES EXCLUSION. It is agreed that in no event, shall a Party be liable to the other Party for consequential, indirect, special, punitive or incidental damages, or for any lost profits, lost revenues, or damage to good will.
CONSEQUENTIAL DAMAGES EXCLUSION. EXCEPT AS EXPRESSLY PROHIBITED BY LAW AND OTHER THAN WITH RESPECT TO A BREACH OF YOUR LICENSE OR CONTENT RESTRICTIONS, AND EACH PARTY’S INDEMNITIES SET FORTH IN THE AGREEMENT, IN NO EVENT WILL EITHER PARTY OR SUCH PARTY’S LICENSORS’ BE LIABLE, EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY, FOR: (A) ANY LOSS OF BUSINESS, CONTRACTS, PROFITS, ANTICIPATED SAVINGS, GOODWILL OR REVENUE; (B) ANY LOSS OR CORRUPTION OF DATA, OR (C) ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL LOSSES OR DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES).
CONSEQUENTIAL DAMAGES EXCLUSION. Notwithstanding anything to the contrary in this Agreement, WildCard shall have no liability for, nor will the measure of damages include, under any theory of liability (whether legal or equitable), any indirect, special, punitive or consequential damages or amounts for business interruption, loss of income, profits or savings arising out of or relating to their performance or non-performance under this Agreement.
CONSEQUENTIAL DAMAGES EXCLUSION. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES HOWSOEVER CAUSED, INCLUDING BY THE NEGLIGENCE OR STRICT LIABILITY OF CLIENT OR S & B OR S & B’S SUBCONTRACTORS.
CONSEQUENTIAL DAMAGES EXCLUSION. Except for the payment of liquidated damages as specified in Articles 10 and 17, in no event, whether as a result of breach of contract, warranty, tort (including negligence), strict liability, indemnity, or otherwise, shall Seller or its subcontractors or suppliers be liable for any special, consequential, incidental, indirect, or exemplary damages; provided that the immediately foregoing exclusion of liability for any special, consequential, incidental, indirect, or exemplary damages shall not limit the obligations of Seller to provide indemnification for (a) injury (including death) to persons in accordance with Section 15.1 or (b) damage to tangible property of a third party in accordance with Section 15.1 but only if Seller is held to be directly liable to the third party for all or a portion of such tangible property damage by a court of competent jurisdiction. In no event, (c) shall Buyer be liable to Seller for any special, consequential, incidental, indirect or exemplary damages and (d) the total liability of Buyer on all claims, whether in contract, tort (including negligence), strict liability, indemnity or otherwise arising out of this Contract shall not exceed the Total Contract Price, provided that the limitations set forth in clause (d) shall not apply to Buyer's obligations (including any breach thereof) under Article 3, Article 11 or Section 15.2. Nothing in clause (c) of the preceding sentence of this Section 13.2 shall limit the obligations of Buyer to provide indemnification for (e) injury (including death) to persons in accordance with Section 15.2 or (f) damage to tangible property of a third party in accordance with Section 15.2 but only if Buyer is held to be directly liable to the third party for all or a portion of such tangible property damage by a court of competent jurisdiction. This section shall not limit Seller's obligation to provide the express remedies for breach of warranty set forth in Article 10 of this Contract.
CONSEQUENTIAL DAMAGES EXCLUSION. Except for either party’s intellectual property obligations (and in the case of customer, its obligations under Section 2 (Scope of Use), in no event will either party (and in the case of licensor, its business partners, licensors or service providers) be liable for any incidental, special, indirect, consequential, or punitive damages of any character (including damages for loss of business or good will, work stoppage, lost or corrupted information or data, loss of revenue or profit, computer failure or malfunction, and telecommunications charges from unauthorised access), cover damages, or other similar damages regardless of the legal theory asserted, whether based on breach of contract, breach of warranty, tort (including negligence), product liability, strict liability or otherwise, arising out of or in connection with this agreement or any services or other materials of any kind provided by us, including any and all third party products, deliverables, customisations, services, hardware, professional services, support services, cloud services, even if informed of the possibility of such damages and even if a remedy is found to have failed of its essential purpose.
CONSEQUENTIAL DAMAGES EXCLUSION. (a) EXCEPT AS SET OUT IN CLAUSE 58.5(b) AND CLAUSE 58.6, IN NO EVENT, WHETHER IN CONTRACT OR IN TORT (INCLUDING BREACH OF WARRANTY, NEGLIGENCE AND STRICT LIABILITY), WILL EITHER PARTY BE LIABLE TO THE OTHER FOR LOST REVENUE, LOST PROFIT, LOSS OF GOODWILL, LOSS OF ANTICIPATED SAVINGS, LOSS OF BUSINESS, OR CONSEQUENTIAL, INDIRECT, SPECIAL, EXEMPLARY, -84- PUNITIVE OR INCIDENTAL DAMAGES EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.
CONSEQUENTIAL DAMAGES EXCLUSION. Notwithstanding anything to the contrary contained in this Agreement, except for the Capital Improvement and Restart Payment or any other express payment obligation under this Agreement, neither Sunoco nor BOC shall be liable to the other whether in contract, tort, misrepresentation, warranty, negligence, strict liability or otherwise for any consequential, special, indirect or incidental damages including, but not limited to, lost profits or business interruption arising from a failure of such Party to perform any of its obligation under this Agreement, unless such obligation arises out of the fraudulent actions of such Party. The terms “consequential damages,” “special damages,” “indirect damages” and “incidental damages” shall include without limitation, damages that would be classified as such under the Uniform Commercial Code of the State of Ohio. THIS EXHIBIT HAS BEEN REDACTED AND IS THE SUBJECT OF A CONFIDENTIAL TREATMENT REQUEST. REDACTED MATERIAL IS MARKED WITH “[****]” AND HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.
CONSEQUENTIAL DAMAGES EXCLUSION. NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR INDIRECT DAMAGES ARISING FROM OR RELATING TO ANY BREACH OF THIS AGREEMENT OR ANY NON-CONTRACTUAL OBLIGATIONS RELATED TO IT, SUCH AS LOSS OF BUSINESS, LOSS OF PROFITS, RECALL COSTS, DEPLETION OF GOODWILL, REGARDLESS OF ANY NOTICE OF THE POSSIBILITY OF SUCH DAMAGES. Notwithstanding the foregoing, nothing in this Article 10.1 is intended to limit or restrict the indemnification rights or obligations of any Party under Article 9.1 or 9.2.
