Consequential Damages; Limitation of Liability. Notwithstanding anything to the contrary contained in this Agreement, Seller and Customer waive all claims against each other (and against each other’s parent company, affiliates, contractors, subcontractors, consultants, agents and vendors) for any consequential, incidental, indirect, special, exemplary or punitive damages (including but not limited to, loss of actual or anticipated profits, revenues or product; or loss of use), and regardless of whether any such claim arises out of breach of contract, tort, product liability, indemnity, contribution, strict liability or any other legal theory. IN NO EVENT, REGARDLESS OF THE FORM OF THE CLAIM OR CAUSE OF ACTION (WHETHER BASED IN CONTRACT, INFRINGEMENT, NEGLIGENCE, STRICT LIABILITY, OTHER TORT OR OTHERWISE), SHALL SELLER’S CUMULATIVE LIABILITY TO CUSTOMER EXCEED THE PRICE FOR THE PRODUCT GIVING RISE TO THE CLAIM OR CAUSE OF ACTION.
Consequential Damages; Limitation of Liability. A. Notwithstanding any provision in this Agreement, in no event shall SIMETRY be liable to Customer for punitive or exemplary, indirect, incidental or consequential damages resulting from or arising out of this Agreement, including, without limitation, loss of profit, loss of product, loss of reserves, loss of data or costs of procurement of substitute wireless services, loss or inability to use property and equipment and business interruption, or failure to meet contractual obligations owed to others, however same may be caused, regardless of ownership, regardless of whether or not occasioned by or resulting from negligence, strict liability, breach of warranty or other fault of SIMETRY, as the case may be, in whole or part, whether sole, joint, active or passive, excepting acts or omissions constituting willful misconduct committed by SIMETRY or any member of its Group; and Customer shall indemnify, defend and hold SIMETRY harmless from such claims made against SIMETRY.
Consequential Damages; Limitation of Liability. (a) In no event and under no circumstances shall any party under this Agreement be liable to another party for consequential or indirect loss of profits, reputation or business or any other special damages under any provision of this Agreement or for any act or failure to act hereunder. For purposes of clarification, fees earned by PFPC and payable by the Funds in accordance with Section 3 and related provisions of this Agreement are not circumstantial or indirect losses and are not barred by this Section 14(a).
Consequential Damages; Limitation of Liability. 8.2.1 Except to extent prohibited by the governing law set forth in Section 21.4 notwithstanding anything herein to the contrary, neither Vendor nor Bechtel, nor their subcontractors or suppliers of any tier, shall be liable to the other for any consequential, punitive, * Confidential Treatment Requested exemplary or indirect losses or damages, whether arising in contract, warranty, tort (including negligence), strict liability or otherwise, including but not limited to, losses of use, profits, business, reputation or financing. This exclusion of liability for consequential damages shall not apply to (i) third party claims subject to an indemnification obligation hereunder, (ii) the payment of Liquidated Damages, if any, as set forth in Section 8.1 hereof, (iii) to damages resulting from breach of the confidentiality requirements of this Agreement, or (iv) the breach of the licensing provisions set forth in Sections 5.2, 5.3 and 5.4 of Article 5.
Consequential Damages; Limitation of Liability. EXCEPT FOR CLAIMS OF A THIRD PARTY THAT ARE SUBJECT TO INDEMNIFICATION UNDER THIS ARTICLE 10, NEITHER PARTY NOR ANY OF ITS AFFILIATES WILL BE LIABLE TO THE OTHER PARTY OR ITS AFFILIATES FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR OTHER INDIRECT DAMAGES OR LOST OR IMPUTED PROFITS OR ROYALTIES, LOST DATA, OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER LIABILITY IS ASSERTED IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT PRODUCT LIABILITY), INDEMNITY, CONTRIBUTION, OR OTHERWISE ARISING OUT OF, OR RELATING TO, THIS AGREEMENT, THE TRANSACTIONS CONTEMPLATED HEREIN OR ANY BREACH HEREOF, AND IRRESPECTIVE OF WHETHER THAT PARTY OR ANY REPRESENTATIVE OF THAT PARTY HAS BEEN ADVISED OF, OR OTHERWISE MIGHT HAVE ANTICIPATED THE POSSIBILITY OF, ANY SUCH LOSS OR DAMAGE. NOTHING IN THIS AGREEMENT SHALL LIMIT EITHER PARTY FROM SEEKING OR OBTAINING ANY REMEDY AVAILABLE UNDER LAW FOR ANY BREACH OF BY THE OTHER PARTY OF ITS CONFIDENTIALITY AND NON-USE OBLIGATIONS UNDER ARTICLE 8.
Consequential Damages; Limitation of Liability. In no event will either party have any liability, whether based in contract, tort (including, but not limited to, negligence), warranty or other legal or equitable grounds for any loss of interest, profit or revenue by the other party or for any consequential, indirect, incidental, special, punitive or exemplary damages suffered by the other party arising from or related to this Agreement.
Consequential Damages; Limitation of Liability. A. Notwithstanding any provision in this Agreement, in no event shall STARCOMM be liable to invoice, except as otherwise provided elsewhere herein. All payments, unless otherwise specified in A. STARCOMM agrees to protect, defend, indemnify and hold harmless Customer, its and their Customer for punitive or exemplary, indirect, incidental or consequential damages resulting from or arising the proposal, work order, contract, notes to pricing or invoice referencing this Agreement or to officers, directors and employees, from and against all claims, demands, and causes of action of every out of this Agreement, including, without limitation, loss of profit, loss of product, loss of reserves, loss or which this Agreement is attached, shall be made in U.S. Dollars to STARCOMM at XX XXX 000000, kind and character without limit and without regard to the cause or causes thereof or the negligence or fault inability to use property and equipment and business interruption, or failure to meet contractual obligations Xxxxxx, XX 00000-0000. If credit or payment terms are not met, in addition to its other legal rights, (active or passive) of any party or parties including the joint or concurrent negligence of any member of the owed to others, however same may be caused, regardless of ownership, regardless of whether or not STARCOMM may (i) defer or cancel, at its option, further shipments or use of Equipment, the performance Customer Group (as hereinafter defined), any theory of strict liability and defect of premises, arising in occasioned by or resulting from negligence, strict liability, breach of warranty or other fault of STARCOMM, of Services or provision of service personnel, and (ii) charge Customer interest at the lesser of (a) eighteen connection with (i) any bodily injury, including death, of STARCOMM, its sub-contractors and suppliers, as the case may be, in whole or part, whether sole, joint, active or passive, excepting acts or omissions percent (18%) per annum, or (b) the maximum rate permitted by applicable law, on the unpaid balance and its and their officers, directors and employees (the “STARCOMM Group”), (ii) damage to property constituting willful misconduct committed by STARCOMM or any member of its group; and Customer shall due. Customer will pay all of STARCOMM’s costs, including attorney’s fees and court costs, incurred in owned, leased, rented, in the possession of, or hired by any member of the STARCOMM Group, including indemnify, defend and hold...
Consequential Damages; Limitation of Liability. A. Notwithstanding any provision in this Agreement, in no event shall TEK-Ocean be liable to Customer for any punitive or exemplary, indirect, incidental or consequential damages resulting from or arising out of this Agreement, including, without limitation, loss of profit, loss of product, loss of reserves, loss or inability to use property and equipment and business interruption, or failure to meet contractual obligations owed to others, however same may be caused, regardless of ownership, regardless of whether or not occasioned by or resulting from negligence, strict liability, breach of warranty or other fault of TEK-Ocean, as the case may be, in whole or part, whether sole, joint, active or passive, excepting acts or omissions constituting wilful misconduct committed by TEK-Ocean or any member of its group; and Customer shall indemnify, defend and hold TEK-Ocean harmless from such claims made against TEK- Ocean.
Consequential Damages; Limitation of Liability. A. Notwithstanding any provision in this Agreement, in no event shall StallionRents be liable to Customer for punitive or exemplary, indirect, incidental or consequential damages resulting from or arising out of this Agreement, including, without limitation, loss of profit, loss of product, loss of reserves, loss or inability to use property and equipment and business interruption, or failure to meet contractual obligations owed to others, however same may be caused, regardless of ownership, regardless of whether or not occasioned by or resulting from negligence, strict liability, breach of warranty or other fault of StallionRents, as the case may be, in whole or part, whether sole, joint, active or passive, excepting acts or omissions constituting willful misconduct committed by StallionRents or any member of its group; and Customer shall indemnify, defend and hold StallionRents harmless from such claims made against StallionRents.
Consequential Damages; Limitation of Liability. 16.1 IN NO EVENT SHALL DESIGNTECH BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES OR LOSSES, INCLUDING WITHOUT LIMITATION DAMAGES OR LOSSES FOR LOSS OF PROFITS, LOSS OF PRODUCTION OR EXPECTED SAVINGS, BUSINESS INTERRUPTION, LOSS OR CORRUPTION OF BUSINESS DATA OR INFORMATION, OR OTHER PECUNIARY LOSS, EVEN IF DESIGNTECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
