Consequential Damages. Under no circumstances will any party to this Agreement be liable to any person, including without limitation any other party to this Agreement, for any special, indirect or consequential loss or damages resulting from any act or failure to act in accordance with the provision of this Agreement, even if such party had been advised of the possibility of such loss or damages.
Appears in 91 contracts
Samples: Fund of Funds Investment Agreement (Arbitrage Funds), Fund of Funds Investment Agreement (Arbitrage Funds), Fund of Funds Investment Agreement (Arbitrage Funds)
Consequential Damages. Under In no event and under no circumstances will any shall either party to this Agreement be liable to any personanyone, including including, without limitation any limitation, the other party to this Agreementparty, for any special, indirect or consequential loss or damages resulting from for any act or failure to act in accordance with the under any provision of this Agreement, even if such party had been advised of the possibility of such loss or damages.
Appears in 89 contracts
Samples: Etf Distribution Agreement (Zacks Trust), Etf Distribution Agreement (Segall Bryant & Hamill Trust), Etf Distribution Agreement (Texas Capital Funds Trust)
Consequential Damages. Under In no event and under no circumstances will any either party to this Agreement be liable to any personanyone, including including, without limitation any limitation, the other party to this Agreementparty, for any special, indirect or consequential loss or damages resulting from for any act or failure to act in accordance with the under any provision of this Agreement, even if such party had been advised of the possibility of such loss or damages.
Appears in 49 contracts
Samples: Distribution Agreement (Apollo S3 Private Markets Fund), Dealer Manager Agreement (KKR Infrastructure Conglomerate LLC), Dealer Manager Agreement (KKR Private Equity Conglomerate LLC)
Consequential Damages. Under 11.1 In no event and under no circumstances will any shall either party to this Agreement be liable to any personthe other party for consequential or indirect loss of profits, including without limitation reputation or business or any other party to special damages under any provision of this Agreement, Agreement or for any special, indirect or consequential loss or damages resulting from any act or failure to act in accordance with the provision of this Agreement, even if such party had been advised of the possibility of such loss or damageshereunder.
Appears in 30 contracts
Samples: Sub Transfer Agency and Services Agreement (Nations Funds Trust), Sub Transfer Agency and Services Agreement (Nations Funds Trust), Sub Transfer Agency and Services Agreement (Nations Funds Trust)
Consequential Damages. Under In no event and under no circumstances will any shall either party to under this Agreement be liable to any personthe other party for consequential or indirect loss of profits, including without limitation reputation or business or any other party to special damages under any provision of this Agreement, Agreement or for any special, indirect or consequential loss or damages resulting from any act or failure to act in accordance with the provision of this Agreement, even if such party had been advised of the possibility of such loss or damageshereunder.
Appears in 24 contracts
Samples: Transfer Agency and Registrar Agreement (Flaherty & Crumrine/Claymore Total Return Fund Inc), And (Preferred Income Management Fund Inc), Transfer Agency and Registrar Agreement (Nations Institutional Reserves)
Consequential Damages. Under no circumstances will any No party to this Agreement shall be liable to any person, including without limitation any other party to this Agreement, for any specialconsequential, indirect indirect, penal, special or consequential loss incidental damages under any provisions of this Agreement or for any consequential, indirect, penal, special or incidental damages resulting from arising out of any act or failure to act in accordance with the provision of this Agreement, hereunder even if such that party had has been advised of or has foreseen the possibility of such loss or damages.
Appears in 17 contracts
Samples: Subscription Agent Agreement (Eagle Point Income Co Inc.), Subscription Agent Agreement (Goldman Sachs BDC, Inc.), Subscription Agent Agreement (Eagle Point Credit Co Inc.)
Consequential Damages. Under In no event and under no circumstances will shall any party to this Agreement be liable to any personanyone, including including, without limitation any limitation, the other party to this Agreementparties, for any special, indirect or consequential loss or damages resulting from for any act or failure to act in accordance with the under any provision of this Agreement, even if such party had been advised of the possibility of such loss or damages.
Appears in 9 contracts
Samples: Etf Distribution Agreement (Arrow ETF Trust), Etf Distribution Agreement (Arrow Investments Trust), Etf Distribution Agreement (Arrow Investments Trust)
Consequential Damages. Under In no event and under no circumstances will any shall either party to under this Agreement be liable to any personthe other party for indirect loss of profits, including without limitation reputation or business or any other party to special damages under any provision of this Agreement, Agreement or for any special, indirect or consequential loss or damages resulting from any act or failure to act in accordance with the provision of this Agreement, even if such party had been advised of the possibility of such loss or damageshereunder. 15.
Appears in 7 contracts
Samples: Form of Transfer Agency and Registrar Agreement Agreement (Smith Barney World Funds Inc), Form of Transfer Agency and Registrar Agreement Agreement (Smith Barney Money Funds Inc), Form of Transfer Agency and Registrar Agreement Agreement (Smith Barney Shearson Fundamental Value Fund Inc)
Consequential Damages. Under In no event and under no circumstances will shall any party to under this Agreement be liable to any personanother party for consequential or indirect loss of profits, including without limitation reputation or business or any other party to special damages under any provision of this Agreement, Agreement or for any special, indirect or consequential loss or damages resulting from any act or failure to act in accordance with the provision of this Agreement, even if such party had been advised of the possibility of such loss or damageshereunder.
Appears in 6 contracts
Samples: Agency and Registrar Agreement (Munder Framlington Funds Trust), Combined Transfer Agency and Registrar Agreement (Munder at Vantage Fund), Agency and Registrar Agreement (Munder Series Trust)
Consequential Damages. Under In no event and under no circumstances will any shall either party to under this Agreement be liable to any personthe other party for indirect loss of profits, including without limitation reputation or business or any other party to special damages under any provision of this Agreement, Agreement or for any special, indirect or consequential loss or damages resulting from any act or failure to act in accordance with the provision of this Agreement, even if such party had been advised of the possibility of such loss or damageshereunder.
Appears in 5 contracts
Samples: Form of Transfer Agency and Registrar Agreement (Smith Barney Cardinal Investment Fund Inc), Form of Transfer Agency and Registrar Agreement (Concert Investment Series), Form of Transfer Agency and Registrar Agreement Agreement (Smith Barney Intermediate Municipal Fund Inc)
Consequential Damages. Under 14.1 In no event and under no circumstances will any shall either party to this Agreement be liable to any personthe other party for consequential or indirect loss of profits, including without limitation reputation or business or any other party to special damages under any provision of this Agreement, Agreement or for any special, indirect or consequential loss or damages resulting from any act or failure to act in accordance with the provision of this Agreement, even if such party had been advised of the possibility of such loss or damageshereunder.
Appears in 4 contracts
Samples: Transfer Agency and Services Agreement (Northstar Equity Trust), Transfer Agency and Services Agreement (Northstar Advantage Trust), Transfer Agency Agreement (Northstar Advantage Government Securities Fund)
Consequential Damages. Under In no event and under no circumstances will any either party to this Agreement be liable to any personanyone, including including, without limitation any limitation, the other party to this Agreementparty, for any special, indirect or consequential loss or damages resulting from for any act or failure to act in accordance with the under any provision of this Agreement, even if such party had been advised of the possibility of such loss or damagesadvanced notice thereof.
Appears in 4 contracts
Samples: Distribution Agreement (ActiveShares ETF Trust), Distribution Agreement (Legg Mason ETF Investment Trust), Distribution Agreement (ActiveShares ETF Trust)
Consequential Damages. Under In no event and under no circumstances will any shall either party to this Agreement be liable to any personanyone, including including, without limitation any limitation, the other party to this Agreementparty, for any specialconsequential, special or indirect or consequential loss or damages resulting from (including, without limitation, lost profits, diminution in business reputation) for any act or failure to act in accordance with the under any provision of this Agreement, even if such party had been advised of the possibility of such loss or damages.
Appears in 4 contracts
Samples: Distribution Agreement (Community Reinvestment Act Qualified Investment Fund), Distribution Agreement (Community Reinvestment Act Qualified Investment Fund), Distribution Agreement (Accessor Funds Inc)
Consequential Damages. Under no circumstances will any No party to this Agreement Agreement, nor any agent or attorney for any of them, shall be liable to any person, including without limitation any other party to this Agreement, Agreement for any special, indirect incidental, consequential or consequential loss or punitive damages resulting arising from any act breach of contract, tort or failure other wrong relating to act in accordance with the provision of this Agreementestablishment, even if such party had been advised administration or collection of the possibility of such loss or damagesObligations.
Appears in 3 contracts
Samples: Credit and Security Agreement (Ramaco Resources, Inc.), Credit and Security Agreement (Ramaco Resources, Inc.), Credit and Security Agreement (Ramaco Resources, Inc.)
Consequential Damages. Under no circumstances will any party to Anything in this Agreement to the contrary notwithstanding, in no event shall any of the parties hereto be liable to under or in connection with this Agreement for indirect, special, incidental, punitive or consequential losses or damages of any personkind whatsoever, including without limitation any other party but not limited to this Agreementlost profits, for any special, indirect whether or consequential loss or damages resulting from any act or failure to act in accordance with the provision of this Agreementnot foreseeable, even if such party had has been advised of the possibility thereof and regardless of the form of action in which such loss or damagesdamages are sought.
Appears in 3 contracts
Samples: Security Deposit Agreement, Security Deposit Agreement (Cheniere Energy Inc), Security Deposit Agreement (Cheniere Energy Inc)
Consequential Damages. Under no circumstances will any No party to this Agreement shall be liable to for any personpunitive or exemplary damages or incidental, including without limitation any other party special or consequential damages arising out of or relating to this Agreement, except for any special, indirect or consequential loss or such damages resulting from asserted in any act or failure to act in accordance with the provision of this Agreement, even if such party had been advised of the possibility of such loss or damagesThird Party Claim.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Targanta Therapeutics Corp.), Asset Purchase Agreement (Intermune Inc)
Consequential Damages. Under Anything in this Agreement to the contrary notwithstanding, in no circumstances will event shall any party to be liable under or in connection with this Agreement be liable to for indirect, special, incidental, punitive or consequential losses or damages of any personkind whatsoever, including without limitation any other party but not limited to this Agreementlost profits, for any special, indirect whether or consequential loss or damages resulting from any act or failure to act in accordance with the provision of this Agreementnot foreseeable, even if such party had has been advised of the possibility thereof and regardless of the form and action in what such loss or damagesdamages are sought.
Appears in 2 contracts
Samples: Equity Commitment Agreement (Dynegy Holdings Inc), Equity Commitment Agreement (Dynegy Holdings Inc)
Consequential Damages. Under In no event and under no circumstances will shall any party to under this Agreement be liable to any personother party for consequential or indirect loss of profits, including without limitation reputation or business or any other party to special damages under any provision of this Agreement, Agreement or for any special, indirect or consequential loss or damages resulting from any act or failure to act in accordance with the provision of this Agreement, even if such party had been advised of the possibility of such loss or damageshereunder.
Appears in 2 contracts
Samples: Transfer Agency and Registrar Agreement (American Aadvantage Funds), Transfer Agency and Registrar Agreement (American Aadvantage Mileage Funds)
Consequential Damages. Under In no event and under no circumstances will any shall either party to under this Agreement be liable to any personthe other party for indirect loss of profits, including without limitation reputation or business or any other party to for indirect loss of profits, reputation or business or any other special damages under any provision of this Agreement, Agreement or for any special, indirect or consequential loss or damages resulting from any act or failure to act in accordance with the provision of this Agreement, even if such party had been advised of the possibility of such loss or damageshereunder.
Appears in 2 contracts
Samples: Transfer Agency and Registrar Agreement (Travelers Series Trust), Transfer Agency and Registrar Agreement (Capital Appreciation Fund/Ct)
Consequential Damages. Under In no event and under no circumstances will any party shall either Party to this Agreement be liable to any personanyone, including including, without limitation any limitation, the other party to this AgreementParty, for any special, indirect or consequential loss or damages resulting from for any act or failure to act in accordance with the under any provision of this Agreement, even if such party had been advised of the possibility of such loss or damages.
Appears in 1 contract
Samples: Distribution Agreement (Barclays Foundry Investment Trust)
Consequential Damages. Under In no event and under no circumstances will any either party to this Agreement be liable to any personanyone, including including, without limitation any limitation, the other party to this Agreementparty, for any special, indirect or consequential loss or damages resulting from for any act or failure to act in accordance with the under any provision of this Agreement, even if such party had been advised of the possibility of such loss or damages.. SEI 145439v4
Appears in 1 contract
Consequential Damages. Under In no event and under no circumstances will any shall either party to under this Agreement be liable to any person, including without limitation any the other party to for consequential or indirect loss of profits, reputation or business or any special damages under any provision of this Agreement, Agreement or for any special, indirect or consequential loss or damages resulting from any act or failure to act in accordance with the provision of this Agreement, even if such party had been advised of the possibility of such loss or damageshereunder.
Appears in 1 contract
Samples: Administration Agreement (Munder Framlington Funds Trust)
Consequential Damages. Under In no event and under no circumstances will any shall either party to this Agreement be liable to any personanyone, including without limitation any limitation, the other party to this Agreementparty, for any special, indirect or consequential loss or damages resulting from for any act or failure to act in accordance with the under any provision of this Agreement, even if such party had been advised of the possibility of such loss or damages.
Appears in 1 contract
Consequential Damages. Under In no event and under no circumstances will any shall either party to under this Agreement be liable to any person, including without limitation any the other party to for consequential or indirect loss of profits, reputation or business or any special damages under any provision of this Agreement, Agreement or for any special, indirect or consequential loss or damages resulting from any act or failure to act in accordance with the provision of this Agreement, even if such party had been advised of the possibility of such loss or damageshereunder. 7.
Appears in 1 contract
Consequential Damages. Under Notwithstanding anything herein to the contrary, no circumstances will any party to this Agreement shall be liable to any person, including without limitation any the other party to this Agreement, parties for any specialconsequential, indirect indirect, special or consequential loss incidental damages under any provision of this Agreement or for any consequential, indirect, special or incidental damages resulting from arising out of any act or failure to act in accordance with the provision of this Agreement, hereunder even if such that party had has been advised of or has foreseen the possibility of such loss or damages.
Appears in 1 contract
Samples: Deposit and Distribution Agreement (Time Warner Inc.)
Consequential Damages. Under In no event and under no circumstances will any shall either party to this Agreement be liable to any personanyone, including including, without limitation any limitation, the other party to this Agreementparty, for any specialconsequential, indirect special or consequential loss or punitive damages resulting from for any act or failure to act in accordance with the under any provision of this Agreement, even if such party had been advised of the possibility of such loss or damages.
Appears in 1 contract
Consequential Damages. Under In no circumstances will event shall any party of the parties to this Agreement be liable or responsible to any person, including without limitation any other party to this Agreement, hereto for any specialincidental, indirect or consequential loss or damages resulting from any act or failure to act in accordance with the provision of this Agreement, even if such party had been advised of the possibility of such loss or damages.
Appears in 1 contract
Samples: Letter Agreement
Consequential Damages. Under In no event and under no circumstances will any shall either party to under this Agreement be liable to any personthe other party for consequential or indirect loss of profits, including without limitation reputation or business or any other party to special damages under any provision of this Agreement, Agreement or for any special, indirect or consequential loss or damages resulting from any act or failure to act in accordance with the provision of this Agreement, even if such party had been advised of the possibility of such loss or damageshereunder. 15.
Appears in 1 contract
Samples: Transfer Agency and Registrar Agreement (Munder Funds Trust)
Consequential Damages. Under In no circumstances will any event shall either party to this Agreement be liable to any person, including without limitation any the other party to this Agreementfor loss of profits or other incidental, for any special, indirect consequential or consequential loss or damages resulting from any act or failure to act in accordance with the provision of this Agreement, even if such party had been advised of the possibility of such loss or special damages.
Appears in 1 contract
Consequential Damages. Under In no event and under no circumstances will any shall either party to this Agreement be liable to any personthe other party for consequential or indirect loss of profits, including without limitation reputation or business or any other party to special damages under any provision of this Agreement, for any special, indirect Agreement or consequential loss or damages resulting from as a result of any act or failure to act in accordance with the provision of this Agreement, even if such party had been advised of the possibility of such loss or damageshereunder.
Appears in 1 contract
Samples: Transfer Agency and Services Agreement (Ambac Treasurers Trust)
Consequential Damages. Under In no circumstances event will any party to this Agreement such agreement be liable to any personfor incidental damages, including without limitation lost profits, income tax consequences, lost savings or any other party to this Agreement, for any special, indirect or consequential loss or damages resulting from any act or failure to act in accordance with the provision of this Agreementdamages, even if such party had has been advised of the possibility of such loss damages, or for punitive damages, resulting from the breach of any obligation under such agreement.
Appears in 1 contract
Samples: Administrative Agency Agreement
Consequential Damages. Under no circumstances will any No party to this Agreement shall be liable to any person, including without limitation any other party to this Agreement, for any specialconsequential, indirect indirect, penal, special or consequential loss incidental damages under any provisions of this Agreement or for any consequential, indirect, penal, special or incidential damages resulting from arising out of any act or failure to act in accordance with the provision of this Agreement, hereunder even if such that party had has been advised of or has foreseen the possibility of such loss or damages.
Appears in 1 contract
Samples: Subscription and Information Agent Agreement (Ares Capital Corp)
Consequential Damages. Under In no event and under no circumstances will any either party to this Agreement be liable to any personanyone, including including, without limitation any limitation, the other party to this Agreementparty, for any special, consequential or indirect or consequential loss or damages resulting from for any act or failure to act in accordance with the under any provision of this Agreement, even if such party had been advised of the possibility of such loss or damages.
Appears in 1 contract
Samples: Distribution Agreement (Huntington Strategy Shares)
Consequential Damages. Under In no event and under no circumstances will shall any party to this Agreement be liable to any personanyone, including including, without limitation any other party limitation, to this Agreementanother party, for any special, indirect or consequential loss or damages resulting from for any act or failure to act in accordance with the under any provision of this Agreement, Agreement even if such party had been advised of the possibility of such loss or damagesthereof.
Appears in 1 contract
Samples: Shareholder Service Agreement (Domini Social Investment Trust)
Consequential Damages. Under In no event and under no circumstances will any shall either party to this Agreement be liable to any personthe other party for consequential or indirect loss of profits, including without limitation reputation or business or any other party to special damages under any provision of this Agreement, Agreement or for any special, indirect or consequential loss or damages resulting from any act or failure to act in accordance with the provision of this Agreement, even if such party had been advised of the possibility of such loss or damageshereunder.
Appears in 1 contract
Samples: Transfer Agency and Services Agreement This Agreement (Panorama Trust)
