Consequential Damages. Neither party to this Agreement shall be liable to the other party for special, indirect or consequential damages under any provision of this Agreement or for any special, indirect or consequential damages arising out of any act or failure to act hereunder.
Appears in 383 contracts
Samples: Transfer Agency and Service Agreement (Allspring Variable Trust), Transfer Agency and Service Agreement (Allspring Funds Trust), Transfer Agency and Service Agreement (Allspring Variable Trust)
Consequential Damages. Neither party to this Agreement shall be liable to the other party for special, indirect or consequential damages under any provision of this Agreement or for any special, indirect or consequential damages arising out of any act or failure to act hereunder.
Appears in 184 contracts
Samples: Transfer Agency and Service Agreement (Dodge & Cox Funds), Agency and Service Agreement, Transfer Agency and Service Agreement (Schwab Strategic Trust)
Consequential Damages. 14.01 Neither party to this Agreement shall be liable to the other party for special, indirect or consequential damages under any provision of this Agreement or for any special, indirect or consequential damages arising out of any act or failure to act hereunder.
Appears in 69 contracts
Samples: Agreement (Credit Suisse Asset Management Income Fund Inc), Agency and Service Agreement (China Fund Inc), Agency and Service Agreement (Gabelli Global Healthcare & WellnessRx Trust)
Consequential Damages. 14.01 Neither party to this Agreement shall be liable to the other party for special, indirect or consequential damages under any provision of this Agreement or for any special, indirect or consequential damages arising out of any act or failure to act hereunder.
Appears in 43 contracts
Samples: Transfer Agency and Service Agreement (Virtus Event Opportunities Trust), Transfer Agency and Service Agreement (Virtus Equity Trust), Transfer Agency and Service Agreement (Virtus Alternative Solutions Trust)
Consequential Damages. Neither party to this Agreement shall be liable to the other party for specialany consequential, indirect indirect, special or consequential incidental damages under any provision provisions of this Agreement or for any specialconsequential, indirect indirect, penal, special or consequential incidental damages arising out of any act or failure to act hereunderhereunder even if that party has been advised of or has foreseen the possibility of such damages.
Appears in 38 contracts
Samples: Subscription Agent Agreement, Warrant Agreement (Eastman Kodak Co), Warrant Agreement (LGL Group Inc)
Consequential Damages. Neither party to this Agreement shall be liable to the other party for specialany consequential, indirect indirect, special or consequential incidental damages under any provision provisions of this Agreement or for any specialconsequential, indirect indirect, punitive, special or consequential incidental damages arising out of any act or failure to act hereunderhereunder even if that party has been advised of or has foreseen the possibility of such damages.
Appears in 32 contracts
Samples: Warrant Agency Agreement (TheRealReal, Inc.), Warrant Agreement (Cassava Sciences Inc), Warrant Agreement (Cassava Sciences Inc)
Consequential Damages. Neither party to this Agreement shall be liable to the other party for special, indirect or consequential damages under any provision of this Agreement or for any special, indirect or consequential damages arising out of any act or failure to act hereunderAgreement.
Appears in 29 contracts
Samples: Administrative Services Agreement (World Funds Trust), Accounting Services Agreement (World Funds Trust), Administrative Services Agreement (Dblaine Investment Trust)
Consequential Damages. Neither party to this Agreement shall be liable to the other party for specialany consequential, indirect indirect, punitive, special or consequential incidental damages under any provision provisions of this Agreement or for any specialconsequential, indirect indirect, punitive, special or consequential incidental damages arising out of any act or failure to act hereunderhereunder even if that party has been advised of or has foreseen the possibility of such damages.
Appears in 28 contracts
Samples: Warrant Agreement (FingerMotion, Inc.), Warrant Agreement (FingerMotion, Inc.), Warrant Agency Agreement (Guided Therapeutics Inc)
Consequential Damages. Neither party to this Agreement shall be liable to the other party for specialany consequential, indirect indirect, special or consequential incidental damages under any provision provisions of this Agreement or for any specialconsequential, indirect indirect, penal, special or consequential incidential damages arising out of any act or failure to act hereunderhereunder even if that party has been advised of or has foreseen the possibility of such damages.
Appears in 28 contracts
Samples: Subscription Agent Agreement (Hotel Outsource Management International Inc), Form of Subscription Agent Agreement (Marshall Edwards Inc), Subscription Agent Agreement (Japan Smaller Capitalization Fund Inc)
Consequential Damages. Neither Notwithstanding anything in this Warrant Agreement to the contrary, neither party to this Warrant Agreement shall be liable to the other party for specialany consequential, indirect indirect, special or consequential incidental damages under any provision of this Warrant Agreement or for any specialconsequential, indirect indirect, punitive, special or consequential incidental damages arising out of any act or failure to act hereunderhereunder even if that party has been advised of or has foreseen the possibility of such damages.
Appears in 25 contracts
Samples: Warrant Agency Agreement (Advaxis, Inc.), Form of Warrant Agency Agreement (Advaxis, Inc.), Form of Warrant Agency Agreement (Advaxis, Inc.)
Consequential Damages. Neither party to this Agreement shall be liable to the other party for specialany consequential, indirect indirect, special or consequential incidental damages under any provision of this Agreement or for any specialconsequential, indirect indirect, penal, special or consequential incidental damages arising out of any act or failure to act hereunderhereunder even if that party has been advised of or has foreseen the possibility of such damages.
Appears in 23 contracts
Samples: Subscription and Information Agent Agreement (Growlife, Inc.), Subscription and Information Agent Agreement (SenesTech, Inc.), Subscription and Information Agent Agreement (Famous Daves of America Inc)
Consequential Damages. Neither party to this Agreement shall be liable to the other party for special, indirect or consequential damages under any provision of this Agreement or for any special, indirect or consequential damages arising out of any act or failure to act hereunder.
Appears in 21 contracts
Samples: Transfer Agency Service Agreement (Santa Barbara Group of Mutual Funds Inc), Transfer Agency Service Agreement (Santa Barbara Group of Mutual Funds Inc), Transfer Agency Service Agreement (North Country Funds)
Consequential Damages. Neither party to this Agreement shall be liable to the other party for special, indirect or consequential damages under any provision of this Agreement or for any special, indirect or consequential damages arising out of any act or failure to act hereunderAgreement.
Appears in 21 contracts
Samples: Investment Sub Advisory Agreement (ALPS ETF Trust), Investment Advisory Agreement (FQF Trust), Investment Advisory Agreement (FQF Trust)
Consequential Damages. 15.01 Neither party to this Agreement shall be liable to the other party for special, indirect or consequential damages under any provision of this Agreement or for any special, indirect or consequential damages arising out of any act or failure to act hereunder.
Appears in 19 contracts
Samples: Transfer Agency and Service Agreement (Gabelli Innovations Trust), Transfer Agency and Service Agreement (RS Variable Products Trust), Transfer Agency and Service Agreement (Highmark Group /Oh/)
Consequential Damages. Neither party to this Warrant Agreement shall be liable to the other party for specialany consequential, indirect indirect, special or consequential incidental damages under any provision provisions of this Warrant Agreement or for any specialconsequential, indirect indirect, punitive, special or consequential incidental damages arising out of any act or failure to act hereunderhereunder even if that party has been advised of or has foreseen the possibility of such damages.
Appears in 17 contracts
Samples: Warrant Agreement (Medlab Clinical Ltd.), Warrant Agreement (Gaucho Group Holdings, Inc.), Warrant Agreement (Vislink Technologies, Inc.)
Consequential Damages. Neither Notwithstanding anything in this Warrant Agreement to the contrary, neither party to this Warrant Agreement shall be liable to the other party for specialany consequential, indirect indirect, special or consequential incidental damages under any provision of this Agreement or for any specialconsequential, indirect indirect, punitive, special or consequential incidental damages arising out of any act or failure to act hereunderhereunder even if that party has been advised of or has foreseen the possibility of such damages.
Appears in 17 contracts
Samples: Warrant Agent Agreement (Cytori Therapeutics, Inc.), Warrant Agent Agreement (Cytori Therapeutics, Inc.), Warrant Agency Agreement (Synergy Pharmaceuticals, Inc.)
Consequential Damages. Neither party to this Agreement shall be liable to the other party or any other Person for special, indirect or consequential damages under any provision of this Agreement or for any special, indirect or consequential damages arising out of any act or failure to act hereunderdamages.
Appears in 12 contracts
Samples: Rights Agreement (Nfo Worldwide Inc), Rights Agreement (Loehmanns Inc), Rights Agreement (Cd Radio Inc)
Consequential Damages. Neither party to Notwithstanding anything in this Agreement to the contrary, neither party shall be liable under this Agreement to the other party for special, indirect or consequential damages under any provision of this Agreement or hereto for any specialpunitive, consequential, special or indirect losses or consequential damages arising out of any act or failure to act hereunderdamages.
Appears in 12 contracts
Samples: Distribution Agreement (Quaker Investment Trust), Distribution Agreement (Delaware Wilshire Private Markets Tender Fund), Distribution Agreement (SEI Exchange Traded Funds)
Consequential Damages. Neither party to this Agreement shall be liable to the other party for any consequential, indirect, special, indirect punitive or consequential incidental damages under any provision provisions of this Agreement or for any consequential, indirect, penal, special, indirect punitive or consequential incidental damages arising out of any act or failure to act hereunderhereunder even if that party has been advised of or has foreseen the possibility of such damages.
Appears in 12 contracts
Samples: Subscription Agent Agreement, Subscription Agent Agreement (Gabelli Equity Trust Inc), Subscription Agent Agreement (Gabelli Multimedia Trust Inc.)
Consequential Damages. Neither party to this Agreement shall be liable to the other party for specialany consequential, indirect indirect, special or consequential incidental damages under any provision of this Agreement or for any specialconsequential, indirect indirect, special or consequential incidental damages arising out of any act or failure to act hereunderhereunder even if that party has been advised of or has foreseen the possibility of such damages.
Appears in 12 contracts
Samples: Depositary Agreement (Diversified Real Asset Income Fund), Depositary Agreement (Nuveen Global High Income Fund), Depositary Agreement (Diversified Real Asset Income Fund)
Consequential Damages. Neither party to this Agreement shall be liable to the other party for specialconsequential, indirect or consequential special damages under any provision of this Agreement or for any specialconsequential, indirect or consequential special damages arising out of any act or failure to act hereunder.
Appears in 11 contracts
Samples: Sub Transfer Agency and Service Agreement, Sub Transfer Agency and Service Agreement (Virtus Opportunities Trust), Sub Transfer Agency and Service Agreement (Icap Funds Inc)
Consequential Damages. Neither party to this Agreement Party shall be liable to the other party under this EFT Agreement for any indirect, special, indirect incidental, punitive or consequential damages under any provision damages, even if such Party had been advised of this Agreement or for any special, indirect or consequential damages arising out the possibility of any act or failure to act hereundersuch damages.
Appears in 11 contracts
Samples: Terms and Conditions, Terms and Conditions, Eft Authorization Agreement
Consequential Damages. Neither party to this Agreement agreement shall be liable to the other party for special, indirect or consequential damages under any provision of this Agreement or for any special, indirect or consequential damages arising out of any act or failure to act hereunder.
Appears in 11 contracts
Samples: Sub Transfer Agent Agreement (Phoenix Worldwide Opportunities Fund), Transfer Agent Agreement (Phoenix Income & Growth Fund), Transfer Agent Agreement (Phoenix Aberdeen Series Fund)
Consequential Damages. Neither No party to this Agreement shall be liable to the any other party for special, indirect or consequential damages under any provision of this Agreement or for any special, indirect or consequential damages arising out of any act or failure to act hereunder.
Appears in 10 contracts
Samples: Master Transfer Agency and Service Agreement (Calvert Variable Series Inc), Master Transfer Agency and Service Agreement (Calvert Tax Free Reserves), Master Transfer Agency and Service Agreement (Summit Mutual Funds, Inc.)
Consequential Damages. Neither party to this Agreement shall be liable to the other party for specialany consequential, indirect indirect, special or consequential incidental damages under any provision provisions of this Agreement or for any specialconsequential, indirect indirect, special or consequential incidental damages arising out of any act or failure to act hereunderhereunder even if that party has been advised of or has foreseen the possibility of such damages.
Appears in 10 contracts
Samples: Subscription Agent Agreement (Medis Technologies LTD), Subscription Agency Agreement (Cell Kinetics LTD), Subscription Agent Agreement (Medis Technologies LTD)
Consequential Damages. Neither Notwithstanding anything in this Agreement to the contrary, neither party to this Agreement shall be liable to the other party for specialany consequential, indirect indirect, special or consequential incidental damages under any provision of this Agreement or for any specialconsequential, indirect indirect, punitive, special or consequential incidental damages arising out of any act or failure to act hereunderhereunder even if that party has been advised of or has foreseen the possibility of such damages.
Appears in 10 contracts
Samples: Warrant Agency Agreement (Clip Interactive, LLC), Warrant Agency Agreement (Clip Interactive, LLC), Warrant Agreement (Lm Funding America, Inc.)
Consequential Damages. Neither party to this Warrant Agreement shall be liable to the other party for specialany consequential, indirect indirect, special or consequential incidental damages under any provision provisions of this Warrant Agreement or for any specialconsequential, indirect indirect, penal, special or consequential incidental damages arising out of any act or failure to act hereunderhereunder even if that party has been advised of or has foreseen the possibility of such damages.
Appears in 9 contracts
Samples: Warrant Agreement (National Holdings Corp), Warrant Agreement (National Holdings Corp), Agreement and Plan of Merger (National Holdings Corp)
Consequential Damages. Neither party to this Agreement shall be liable to the other party for special, indirect or consequential damages under any provision of this Agreement or for any special, indirect or consequential damages arising out of any act or failure to act hereunderhereunder even if that party has been advised of or has foreseen the possibility of such damages.
Appears in 9 contracts
Samples: Reorganization Support Service Agreement (Cornerstone Progressive Return Fund), Rights Offering Support Service Agreement (Dividend & Income Fund), Subscription Agency Agreement (Greater China Fund Inc)
Consequential Damages. Neither Notwithstanding anything in this Warrant Agreement to the contrary, neither party to this Warrant Agreement shall be liable to the other party for any consequential, indirect, special, indirect punitive, or consequential incidental damages under any provision of this Warrant Agreement or for any specialconsequential, indirect indirect, punitive, special or consequential incidental damages arising out of any act or failure to act hereunderhereunder even if that party has been advised of or has foreseen the possibility or likelihood of such damages.
Appears in 8 contracts
Samples: Warrant Agency Agreement (Atossa Genetics Inc), Warrant Agency Agreement (Atossa Genetics Inc), Warrant Agency Agreement (Rennova Health, Inc.)
Consequential Damages. Neither No party to this Agreement shall be liable to the other party for special, indirect or consequential damages under any provision of this Agreement or for any special, indirect or consequential damages arising out of any act or failure to act hereunder.
Appears in 8 contracts
Samples: Transfer Agency Agreement (Ab Fixed Income Shares Inc), Transfer Agency Agreement (Us Global Investors Funds), Transfer Agency Agreement (Us Global Investors Funds)
Consequential Damages. Neither party to Notwithstanding anything in this Agreement to the contrary, neither party shall be liable to the other party for specialconsequential, special or indirect losses or consequential damages under any provision of this Agreement Agreement, whether or for any special, indirect not the likelihood of such losses or consequential damages arising out of any act or failure to act hereunderwas known by either party.
Appears in 7 contracts
Samples: Transfer Agency and Services Agreement (World Funds Trust), Transfer Agency and Services Agreement (Dblaine Investment Trust), Transfer Agency and Services Agreement (Z Seven Fund Inc)
Consequential Damages. Neither party to this Agreement shall be liable to the other party for specialany consequential, indirect indirect, special or consequential incidental damages under any provision provisions of this Agreement or for any specialconsequential, indirect indirect, penal, special or consequential incidental damages arising out of any act or failure to act hereunder.hereunder even if that party has been advised of or has foreseen the possibility of such damages. [Signature Page Follows]
Appears in 6 contracts
Samples: Kingsway Financial Services (Kingsway Financial Services Inc), Common Stock Series B Warrant Agreement (Kingsway Financial Services Inc), Kingsway Financial Services (Kingsway Financial Services Inc)
Consequential Damages. Neither party to this Agreement shall be liable to the other party for specialconsequential, indirect incidental, special or consequential exemplary damages under any provision of this Agreement or for any special, indirect or consequential damages arising out of any act or failure to act hereunderAgreement.
Appears in 6 contracts
Samples: Administrative Services Agreement (DGHM Investment Trust), Accounting Services Agreement (DGHM Investment Trust), Administrative Services Agreement (Diamond Portfolio Investment Trust)
Consequential Damages. Neither Regardless of any other term of this Agreement, in no event shall either party to this Agreement shall be responsible or liable to the other party for special, indirect or consequential damages under any provision of this Agreement or for any specialincidental, consequential, or other indirect or consequential damages arising out of any act or failure to act hereunderdamages.
Appears in 5 contracts
Samples: Agreement for Consulting Services, Agreement for Consulting Services, Agreement
Consequential Damages. Neither party Party to this Agreement shall be liable to the other party Party for special, indirect or consequential damages under any provision of this Agreement or for any special, indirect or consequential damages arising out of any act or failure to act hereunder.
Appears in 5 contracts
Samples: Transfer Agency and Service Agreement (Schwab Annuity Portfolios), Transfer Agency and Service Agreement (Charles Schwab Family of Funds), Transfer Agency and Service Agreement (Schwab Investments)
Consequential Damages. Neither Notwithstanding anything in this Agreement to the contrary, neither party to this Agreement shall be liable to the other party for specialany consequential, indirect indirect, special or consequential incidental damages under any provision of this Agreement or for any consequential, indirect, punitive, special, indirect or consequential incidental damages arising out of any act or failure to act hereunder, even if that party has been advised of or has foreseen the possibility of such damages.
Appears in 4 contracts
Samples: Warrant Agreement (NXT-Id, Inc.), Warrant Agreement (NXT-Id, Inc.), Warrant Agency Agreement (Genspera Inc)
Consequential Damages. Neither No party to this Agreement shall be liable to the other party parties for specialconsequential, indirect or consequential special damages under any provision of this Agreement or for any specialconsequential, indirect or consequential special damages arising out of any act or failure to act hereunder.
Appears in 4 contracts
Samples: Sub Transfer Agency and Service Agreement (Virtus Institutional Trust), Sub Transfer Agency and Service Agreement (Virtus Equity Trust), Sub Transfer Agency and Service Agreement (Virtus Equity Trust)
Consequential Damages. Neither party to Notwithstanding anything in this Agreement to the contrary, neither party shall be liable to the other party for specialincidental, consequential, exemplary, special or indirect losses or consequential damages under any provision of this Agreement Agreement, whether or for any special, indirect not the likelihood of such losses or consequential damages arising out of any act or failure to act hereunderwas known by either party.
Appears in 4 contracts
Samples: Transfer Agency and Services Agreement (DGHM Investment Trust), Distribution Services Agreement (Diamond Portfolio Investment Trust), Transfer Agency and Services Agreement (Diamond Portfolio Investment Trust)
Consequential Damages. Neither party to this Agreement shall be liable to the other party for specialany consequential, indirect indirect, special or consequential incidental damages under any provision provisions of this Agreement or for any specialconsequential, indirect indirect, special or consequential incidential damages arising out of any act or failure to act hereunderhereunder even if that party has been advised of or has foreseen the possibility of such damages.
Appears in 4 contracts
Samples: Subscription Agent Agreement (Liberty All Star Equity Fund), Subscription Agent Agreement (Chart House Enterprises Inc), Subscription Agent Agreement (Chalone Wine Group LTD)
Consequential Damages. Neither party to this Agreement shall be liable to the other party for specialany consequential, indirect indirect, special or consequential incidental damages under any provision of this Agreement or for any specialconsequential, indirect indirect, special or consequential incidental damages arising out of any act or failure to act hereunderhereunder even if that party has been advised of or has foreseen the possibility of such damages. 17.
Appears in 4 contracts
Samples: Agent Agreement (Evergreen Utilities & High Income Fund), Agent Agreement (Evergreen Utilities & High Income Fund), Agent Agreement (Evergreen Utilities & High Income Fund)
Consequential Damages. Neither Notwithstanding anything in this Unit Agreement to the contrary, neither party to this Unit Agreement shall be liable to the other party for specialany consequential, indirect indirect, special or consequential incidental damages under any provision of this Agreement or for any specialconsequential, indirect indirect, punitive, special or consequential incidental damages arising out of any act or failure to act hereunderhereunder even if that party has been advised of or has foreseen the possibility of such damages.
Appears in 4 contracts
Samples: Unit Agency Agreement (Chanticleer Holdings, Inc.), Unit Agency Agreement (TrovaGene Inc.), Unit Agency Agreement (Synergy Pharmaceuticals, Inc.)
Consequential Damages. 14.01. Neither party to this Agreement shall be liable to the other party for special, indirect or consequential damages under any provision of this Agreement or for any special, indirect or consequential damages arising out of any act or failure to act hereunder.
Appears in 4 contracts
Samples: Transfer Agency and Service Agreement (Bea Strategic Income Fund Inc), Transfer Agency and Service Agreement (Western Asset Premier Bond Fund), Agency and Service Agreement (Western Asset Claymore Us Treasury Inflation Pro Sec Fund 2)
Consequential Damages. Neither Notwithstanding anything to the contrary in this Agreement, neither party to this Agreement shall be liable to the other party for special, indirect incidental or consequential damages, including damages under any provision of associated with lost profits, arising from for related to this Agreement or for any special, indirect or consequential damages arising out of any act or failure to act hereunderAgreement.
Appears in 3 contracts
Samples: Supply Agreement, Wafer Supply Agreement (Rf Micro Devices Inc), Wafer Supply Agreement (Rf Micro Devices Inc)
Consequential Damages. Neither Notwithstanding anything in this Warrant Agreement to the contrary, neither party to this Warrant Agreement shall be liable to the other party for specialany consequential, indirect indirect, special or consequential incidental damages under any provision of this Agreement or for any specialconsequential, indirect indirect, punitive, special or consequential incidental damages arising out of any act or failure to act hereunderhereunder even if that party has been advised of or has foreseen the possibility of such damages. [Signature Page Follows.]
Appears in 3 contracts
Samples: Warrant Agent Agreement (Cytori Therapeutics, Inc.), Warrant Agent Agreement Warrant Agent Agreement, Warrant Agent Agreement (Cytori Therapeutics, Inc.)
Consequential Damages. 14.01. Neither party to this Agreement shall be liable to the other party for special, indirect or consequential damages under any provision of this Agreement or for any special, indirect or consequential damages arising out of any act or failure to act hereunder.
Appears in 3 contracts
Samples: Transfer Agency and Service Agreement (Virtus Investment Trust), Agency and Service Agreement (Allianz Funds Multi-Strategy Trust), Agency and Service Agreement (Allianz Funds)
Consequential Damages. Neither party to this Agreement shall be liable to the other party for special, indirect or consequential damages under any provision of this Agreement or for any specialincidental, punitive, consequential, special or indirect damages, including without limitation, loss of profits or consequential damages arising out goodwill, regardless of any act or failure to act hereunderwhether either party has been advised of the possibility of such damages.
Appears in 3 contracts
Samples: Sales Agency Agreement (Martin Midstream Partners Lp), Sales Agency Agreement (Martin Midstream Partners Lp), Sales Agency Agreement (Martin Midstream Partners Lp)
Consequential Damages. 15.1 Neither party to this Agreement shall be liable to the other party for special, indirect or consequential damages under any provision of this Agreement or for any special, indirect or consequential damages arising out of any act or failure to act hereunder.
Appears in 3 contracts
Samples: Assignment and Assumption (Guinness Flight Investment Funds Inc), Transfer Agency and Service Agreement (Msd&t Funds Inc), Transfer Agency and Service Agreement (Guinness Flight Investment Funds)
Consequential Damages. Neither No party to this Agreement shall be liable to the other another party for special, indirect or consequential damages under any provision of this Agreement or for any special, indirect or consequential damages arising out of any act or failure to act hereunder.
Appears in 3 contracts
Samples: Serv and Networking Agreement (GMO Series Trust), Transfer Agency and Service Agreement (Allstate Financial Investment Trust), Transfer Agency and Service Agreement (Allstate Financial Investment Trust)
Consequential Damages. Neither party to this Agreement shall be liable to the other party for specialany consequential, indirect indirect, special or consequential incidental damages under any provision of this Agreement or for any specialconsequential, indirect indirect, penal, special or consequential incidental damages arising out of any act or failure to act hereunderhereunder even if that party has been advised of or has foreseen the possibility of such damages.
Appears in 3 contracts
Samples: Subscription and Information Agent Agreement (Zoom Telephonics, Inc.), Subscription and Information Agent Agreement (Zoom Telephonics, Inc.), Exchange Agent Agreement (Obsidian Enterprises Inc)
Consequential Damages. Neither party to this Agreement shall be liable to the other party for special, indirect or consequential damages under any provision of this Agreement or for any special, indirect or consequential damages arising out of any act or failure to act hereunderhereundcr.
Appears in 3 contracts
Samples: Transfer Agency Agreement, Agency and Service Agreement (Morgan Stanley Global Long/Short Fund A), Transfer Agency and Service Agreement (Morgan Stanley Global Long/Short Fund P)
Consequential Damages. Neither party to this Agreement shall be liable to the other party for special, indirect or consequential damages under any provision of this Agreement or for any special, indirect or consequential damages arising out of any act or failure to act hereunderhere under.
Appears in 3 contracts
Samples: Transfer Agency and Service Agreement (Highland Global Allocation Fund), Transfer Agency and Service Agreement (Highland Global Allocation Fund Ii), Transfer Agency and Service Agreement (Highland Floating Rate Opportunities Fund Ii)
Consequential Damages. Neither party to this Agreement Party shall be liable to the other party for special, indirect or consequential damages --------------------- under any provision of this Agreement or for any special, indirect or consequential damages, even if such party has been advised of the possibility of such damages arising out (except for liability directly resulting from a breach of any act the confidentiality or failure to act hereundersecurity obligations of this agreement).
Appears in 2 contracts
Samples: Internet Fulfillment Services Agreement (Healthcentral Com), Services Fulfillment Agreement (Healthcentral Com)
Consequential Damages. Neither In no event and under no circumstances shall either party to under this Agreement shall be liable to the other party for specialindirect loss of profits, indirect or other consequential damages under any provision of this Agreement or for any special, indirect or consequential damages arising out of any act or failure to act hereunder.
Appears in 2 contracts
Samples: Transfer Agency and Registrar Agreement (Investors Research Fund Inc), Transfer Agency and Registrar Agreement (Investors Research Fund Inc)
Consequential Damages. Neither party to this Agreement shall be liable to ---------------------- the other party for special, indirect or consequential damages under any provision of this Agreement or for any special, indirect or consequential damages arising out of any act or failure to act hereunder.
Appears in 2 contracts
Samples: Administrative and Shareholder Services Agreement (Citizens Funds), Administrative and Shareholder Services Agreement (Citizens Funds)
Consequential Damages. Neither party to this Agreement shall be liable to the other party for any consequential, indirect, special, indirect punitive or consequential incidental damages under any provision provisions of this Agreement or for any consequential, indirect, penal, special, indirect punitive or consequential incidential damages arising out of any act or failure to act hereunderhereunder even if that party has been advised of or has foreseen the possibility of such damages.
Appears in 2 contracts
Samples: Subscription Agent Agreement (Entech Solar, Inc.), Subscription Agent Agreement (Entech Solar, Inc.)
Consequential Damages. Neither Except with respect to indemnification for third party claims expressly provided for herein, neither party to this Agreement shall be liable to the other party for specialany consequential, indirect indirect, punitive, special or consequential incidental damages under any provision provisions of this Agreement or for any specialconsequential, indirect indirect, penal, special or consequential incidental damages arising out of any act or failure to act hereunderhereunder even if that party has been advised of or has foreseen the possibility of such damages.
Appears in 2 contracts
Samples: Warrant Agent Agreement (Cel Sci Corp), Warrant Agent Agreement (Cel Sci Corp)
Consequential Damages. Neither party to this Agreement shall be liable to the other party part for special, indirect or consequential damages under any provision of this Agreement or for any special, indirect or consequential damages arising out of any act or failure to act hereunder.
Appears in 2 contracts
Samples: Transfer Agency and Service Agreement (Wells Fargo Funds Trust), Transfer Agency and Service Agreement (Wells Fargo Variable Trust)
Consequential Damages. 15.01 Neither party to this Agreement shall be liable to the other party for special, indirect or consequential damages under arising out of any provision of this Agreement or for any special, indirect or consequential damages arising out of any act or failure to act hereunder.
Appears in 2 contracts
Samples: Transfer Agency and Service Agreement (Seneca Funds), Agency and Service Agreement (Seneca Funds)
Consequential Damages. Neither party to this Agreement shall Party will be liable to the other party for special, indirect or consequential damages under any provision of this Agreement or for any special, indirect or consequential damages, even if such party has been advised of the possibility of such damages arising out (except for liability directly resulting from a breach of any act the confidentiality or failure to act hereundersecurity obligations of this agreement).
Appears in 2 contracts
Samples: Internet Fulfillment Services Agreement (Nutripure Com), Internet Fulfillment Services Agreement (Nutripure Com)
Consequential Damages. 14.1 Neither party to this Agreement shall be liable to the other party for special, indirect or consequential damages under any provision of this Agreement or for any special, indirect or consequential damages arising out of any act or failure to act hereunder.
Appears in 1 contract
Consequential Damages. Neither party Notwithstanding anything herein contained to this Agreement the contrary, neither Party shall be liable to the other party for special, indirect or consequential damages under any provision resulting from or arising out of this Agreement or for any specialanything done or not done pursuant hereto, indirect including without limitation, loss of profit, loss production or consequential damages arising out of any act or failure to act hereunderbusiness interruptions, howsoever caused.
Appears in 1 contract
Consequential Damages. Neither party to this Agreement shall be liable to the other party for special, indirect or consequential damages under any provision of this Agreement or for any special, indirect or consequential damages arising out of any act or failure to act hereunderbreach of this Agreement.
Appears in 1 contract
Samples: Distributorship Agreement (Xstream Beverage Network, Inc.)
Consequential Damages. Neither party to this Agreement shall be liable to the other party for specialany consequential, indirect indirect, special or consequential incidental damages under any provision provisions of this Agreement or for any specialconsequential, indirect indirect, punitive, special or consequential incidental damages arising out of any act or failure to act hereunderhereunder even if that party has been advised of or has foreseen the possibility of such damages. For the avoidance of doubt, nothing in this Section 8.4.5, affects the rights of the registered holders of the Warrants.
Appears in 1 contract
Consequential Damages. Neither party to this Agreement shall be liable have any liability to the other party under this Agreement for consequential, exemplary, special, indirect incidental or consequential damages under any provision of this Agreement or for any special, indirect or consequential damages arising out of any act or failure to act hereunderpunitive damages.
Appears in 1 contract
Consequential Damages. Neither party to Except as provided in this Agreement Agreement, neither Party shall be liable to the other party for for, and each Party shall hold harmless and indemnify the other against, special, indirect or consequential damages under any provision of this Agreement resulting from or for any special, indirect or consequential damages arising out of any act this Agreement, including, without limitation, loss of profits, loss of use or failure to act hereunderbusiness interruptions, however same may be caused.
Appears in 1 contract
Samples: Key Energy Services Inc
Consequential Damages. Neither party to this Agreement shall be liable to the other party for any consequential, indirect, special, indirect or consequential incidental damages under any provision provisions of this Agreement or for any consequential, indirect, penal, special, indirect or consequential incidental damages arising out of any act or failure to act hereunderhereunder even if that party has been advised of or has foreseen the possibility of such damages.
Appears in 1 contract
Samples: Subscription Agent Agreement (Dividend & Income Fund, Inc.)
Consequential Damages. Neither party to this Agreement shall be liable to the other party for special, indirect indirect, incidental, exemplary, punitive or consequential damages (including without limitation, loss of profits) under any provision of this Agreement or for any special, indirect indirect, incidental, exemplary, punitive or consequential damages (including without limitation, loss of profits) arising out of any act or failure to act hereunder.
Appears in 1 contract
Samples: Form of Service Agreement (Blackstone Alternative Investment Funds)
Consequential Damages. Neither party to this Agreement shall be liable to the other party for specialany consequential, indirect indirect, punitive, special or consequential incidental damages under any provision provisions of this Agreement or for any specialconsequential, indirect indirect, punitive, special or consequential incidental damages arising out of any act or failure to act hereunderhereunder even if that party has been advised of or has foreseen the possibility of such damages. For the avoidance of doubt, nothing in this Section 8.4.14 affects the rights of the Registered Holders.β
Appears in 1 contract
Samples: Assignment, Assumption and Amendment Agreement (Niocorp Developments LTD)
Consequential Damages. Neither party to this Agreement shall be liable to the other party to this Agreement for special, indirect or consequential damages under any provision of this Agreement or for any special, indirect or consequential damages arising out of any act or failure to act hereunder.
Appears in 1 contract
Samples: Transfer Agency and Service Agreement (Credit Suisse Commodity Return Strategy Fund)
Consequential Damages. Neither party to this Agreement shall be liable for consequential damages to the other party for special, indirect or consequential damages under any provision of except as expressly provided in this Agreement or for any special, indirect or consequential damages arising out of any act or failure to act hereunderAgreement.
Appears in 1 contract
Samples: Terms and Conditions
Consequential Damages. Neither party to this Agreement shall be liable to the other party for special, indirect or consequential damages under any provision of this Agreement or for any special, indirect or consequential damages arising out of any act or failure to act hereunder.. 107
Appears in 1 contract
Samples: Transfer Agency and Service Agreement (Treasurers Fund Inc /Md/)
Consequential Damages. Neither party to this Agreement shall be liable to the other party for special, indirect or consequential damages under any provision of this Agreement resulting from or for any special, indirect or consequential damages arising out of any act this Agreement, including, without limitation, loss of profit or failure to act hereunderbusiness interruptions, however same may be caused.
Appears in 1 contract
Samples: Workover and Completion Services Agreement (Zion Oil & Gas Inc)
Consequential Damages. Except with respect to indemnification for third party claims, Neither party to this Agreement shall be liable to the other party for specialany consequential, indirect indirect, penal, special or consequential incidental damages under any provision provisions of this Agreement or for any specialconsequential, indirect indirect, penal, special or consequential incidental damages arising out of any act or failure to act hereunderhereunder even if that party has been advised of or has foreseen the possibility of such damages.
Appears in 1 contract
Consequential Damages. Neither No party to this Warrant Agreement shall be liable to the other party for any consequential, indirect, special, indirect or consequential incidental damages under any provision provisions of this Warrant Agreement or for any specialconsequential, indirect indirect, penal, special or consequential incidental damages arising out of any act or failure to act hereunderhereunder even if that party has been advised of or has foreseen the possibility of such damages.
Appears in 1 contract
Consequential Damages. Neither party to this Agreement shall be liable to the other party for specialany consequential, indirect indirect, special or consequential incidental damages under any provision provisions of this Agreement or for any specialconsequential, indirect indirect, penal, special or consequential incidental damages arising out of any act or failure to act hereunder.hereunder even if that party has been advised of or has foreseen the possibility of such damages. [Signature Page Follows] 20
Appears in 1 contract
Samples: Stock Warrant Agreement
Consequential Damages. Neither party to this Agreement shall be liable to the other party for special, indirect or consequential damages under any provision of this Agreement or for any special, indirect or consequential damages arising out of any act or failure to act hereunder.. 16.5
Appears in 1 contract
Samples: Master Transfer Agency and Service Agreement (American Beacon Apollo Total Return Fund)
Consequential Damages. Neither party to this Warrant Agreement shall be liable to the other party for specialany consequential, indirect indirect, special or consequential incidental damages under any provision provisions of this Warrant Agreement or for any specialconsequential, indirect indirect, penal, special or consequential incidental damages arising out of any act or failure to act hereunder.hereunder even if that party has been advised of or has foreseen the possibility of such damages. 8.16
Appears in 1 contract
Samples: Warrant Agreement
Consequential Damages. Neither Except with respect to indemnification for third party claims, neither party to this Agreement shall be liable to the other party for specialany consequential, indirect indirect, penal, special or consequential incidental damages under any provision provisions of this Agreement or for any specialconsequential, indirect indirect, penal, special or consequential incidental damages arising out of any act or failure to act hereunderhereunder even if that party has been advised of or has foreseen the possibility of such damages.
Appears in 1 contract
Consequential Damages. Neither party to this Agreement shall be liable to the other party for special, indirect or consequential damages under any provision of this Agreement or for any special, indirect indirect, incidental or consequential damages arising out resulting from any breach of any act or failure to act hereunderthis Agreement other than a breach of Section 8.2.
Appears in 1 contract
Samples: Stock Purchase Agreement (Esterline Technologies Corp)
Consequential Damages. Neither Notwithstanding anything in this Agreement to the contrary, neither party to this Agreement shall be liable to the other party for specialany consequential, indirect indirect, special or consequential incidental damages under any provision of this Agreement or for any consequential, indirect, punitive, special, indirect or consequential incidental damages arising out of any act or failure to act hereunder., even if that party has been advised of or has foreseen the possibility of such damages. [Signature Page Follows]
Appears in 1 contract
Samples: Form of Warrant Agreement (Galectin Therapeutics Inc)
Consequential Damages. Neither party to Notwithstanding anything in this Agreement to the contrary, neither party shall be liable under this Agreement to the other party hereto for any punitive, consequential, special, or indirect losses or consequential damages under any provision of this Agreement or for any special, indirect or consequential damages arising out of any act or failure to act hereunderdamages.
Appears in 1 contract
Samples: Distribution Agreement (Emerging Growth & Dividend Reinvestment Fund)
Consequential Damages. Neither party to this Agreement shall be liable to the other party for special, indirect or consequential damages under any provision of this Agreement or for any special, indirect or consequential damages arising out of any act or failure to act hereunder. 18 21.
Appears in 1 contract
Samples: Transfer Agency and Service Agreement (American Aadvantage Funds)
Consequential Damages. Neither party to this Agreement shall be liable to the other party for special, indirect indirect, consequential nor exemplary damages resulting from or consequential damages under any provision of this Agreement or for any special, indirect or consequential damages arising out of any act this Agreement, including, without limitation, loss of profit or failure to act hereunderbusiness interruptions, however same may be caused.
Appears in 1 contract
Consequential Damages. Neither party to this Agreement shall be liable to the other party for specialany consequential, indirect indirect, penal, punitive, special or consequential incidental damages under any provision provisions of this Agreement or for any specialconsequential, indirect indirect, penal, punitive, special or consequential incidential damages arising out of any act or failure to act hereunderhereunder even if that party has been advised of or has foreseen the possibility of such damages.
Appears in 1 contract
Consequential Damages. Neither party to this Agreement shall be liable to the other party for special, indirect or consequential damages under any provision of this Agreement or for any special, indirect or consequential damages arising out of any act or failure to act hereunder.
Appears in 1 contract
Samples: Transfer Agency and Service Agreement (Highmark Funds /Ma/)
Consequential Damages. Neither Notwithstanding anything in this Agreement to the contrary, neither party to this Agreement shall be liable to the other party for specialany consequential, indirect indirect, special or consequential incidental damages under any provision of this Agreement or for any specialconsequential, indirect indirect, punitive, special or consequential incidental damages arising out of any act or failure to act hereunderhereunder even if that party has been advised of or has foreseen the possibility of such damages.
Appears in 1 contract
Samples: Exchange Agent Agreement (Visual Network Design, Inc.)
Consequential Damages. Neither party to this Agreement shall be liable to the other party for specialany consequential, indirect indirect, special or consequential damages incidental dames under any provision of this Agreement or for any specialconsequential, indirect indirect, penal, special or consequential incidental damages arising out of any act or failure to act hereunderhereunder even if that party has been advised of or has foreseen the possibility of such damages.
Appears in 1 contract
Samples: Warrant Agreement (Healthsouth Corp)
Consequential Damages. Neither party to this Agreement shall be liable to the other party for special, consequential special or indirect or consequential damages under any provision of this Agreement or for any special, indirect or consequential damages arising out of any act or failure to act hereunder.
Appears in 1 contract
Samples: Sub Transfer Agency and Service Agreement (American Skandia Advisor Funds Inc)
Consequential Damages. Neither party to this Agreement shall be liable to --------------------- the other party for specialany consequential, indirect indirect, special or consequential incidental damages under any provision provisions of this Agreement or for any specialconsequential, indirect indirect, special or consequential incidental damages arising out of any act or failure to act hereunderhereunder even if that party has been advised of or has foreseen the possibility of such damages.
Appears in 1 contract
Consequential Damages. Neither party to this Agreement shall be liable to the other party for special, indirect or consequential damages under any provision of this OF THIS Agreement or for any special, indirect or consequential damages arising out of any act or failure to act hereunder.
Appears in 1 contract
Samples: Transfer Agency and Service Agreement (Comstock Funds Inc)
Consequential Damages. Neither Notwithstanding anything in this Agency Agreement to the contrary, neither party to this Agency Agreement shall be liable to the other party for specialany consequential, indirect indirect, special or consequential incidental damages under any provision of this Agency Agreement or for any specialconsequential, indirect indirect, punitive, special or consequential incidental damages arising out of any act or failure to act hereunderhereunder even if that party has been advised of or has foreseen the possibility of such damages.
Appears in 1 contract
Samples: Warrant Agency Agreement (Provectus Biopharmaceuticals, Inc.)
Consequential Damages. Neither party to this Agreement shall be liable to the other party for specialany consequential, indirect indirect, punitive, special or consequential incidental damages (including but not limited to lost profits) under any provision provisions of this Agreement Agreement, or for any special, indirect or consequential damages arising out of any act or failure to act hereunder, even if that party has been advised of or has foreseen the possibility of such damages.
Appears in 1 contract
Samples: Warrant Agreement (Solar3d, Inc.)
Consequential Damages. Neither party to this Agreement Party shall be liable to the other party for special, indirect or consequential damages under any provision of this Agreement or for any specialindirect, indirect incidental, special or consequential damages arising out of any act or failure relating to act hereunderthis Agreement.
Appears in 1 contract
Samples: Services Agreement (Synacor, Inc.)
Consequential Damages. Neither party to this Agreement shall be liable to the other party or any third party for special, indirect or consequential damages under any provision of in connection with this Agreement or for any special, indirect or consequential damages arising out of any act or failure to act hereunder.
Appears in 1 contract
Samples: Transfer Agency and Service Agreement (Fresco Index Shares Funds)
Consequential Damages. Neither party to this Agreement shall be liable to the other party for specialany consequential, indirect indirect, punitive, special or consequential incidental damages under any provision provisions of this Agreement or for any specialconsequential, indirect indirect, punitive, special or consequential incidental loss or damages of any kind whatsoever (including, without limitation, lost profits) arising out of any act or failure to act hereunder.hereunder even if that party has been advised of or has foreseen the possibility of such damages. [Signature Page Follows]
Appears in 1 contract
Samples: Warrant Agreement (Kingsway Financial Services Inc)
Consequential Damages. Neither party to this Agreement shall be liable to the other party for special, indirect or consequential damages under any provision of this Agreement or for any special, indirect indirect, incidental, consequential or consequential punitive damages arising out resulting from a breach of any act or failure to act hereunderthis Restated Agreement.
Appears in 1 contract
Samples: Distribution Agreement (Rochester Medical Corporation)
Consequential Damages. Neither party to this Warrant Agreement shall be liable to the other party for specialany consequential, indirect indirect, special or consequential incidental damages (including lost profits) under any provision provisions of this Warrant Agreement or for any specialconsequential, indirect indirect, punitive, special or consequential incidental damages arising out of any act or failure to act hereunderhereunder even if that party has been advised of or has foreseen the possibility of such damages.
Appears in 1 contract
Samples: Warrant Agreement (Mawson Infrastructure Group Inc.)
Consequential Damages. Neither party to this Agreement hereto shall be liable to the other party for special, indirect indirect, consequential or consequential incidental damages under any provision resulting from or arising out of this Agreement or for any specialthe obligations contemplated hereunder, indirect including, but not limited to, loss of production, loss of anticipated profits or consequential damages arising out of any act or failure to act hereunderbusiness interruptions, however same may be caused.
Appears in 1 contract
Consequential Damages. Neither party to this Agreement shall be liable to --------------------- the other party for specialany consequential, indirect indirect, special or consequential incidental damages under any provision provisions of this Agreement or for any specialconsequential, indirect indirect, penal, special or consequential incidental damages arising out of any act or failure to act hereunderhereunder even if that party has been advised of or has foreseen the possibility of such damages.
Appears in 1 contract
Samples: Subscription Agent Agreement (Pacholder High Yield Fund Inc)
Consequential Damages. Neither party to this Agreement shall will be liable to the other party for specialany consequential, indirect indirect, special or consequential incidental damages under any provision of this Agreement or for any specialconsequential, indirect indirect, penal, special or consequential incidental damages arising out of any act or failure to act hereunderhereunder even if that party has been advised of or has foreseen the possibility of such damages.
Appears in 1 contract
