Consequential Damages. Neither party shall be liable to the other for consequential damages, including, without limitation, loss of use or loss of profits incurred by one another or their subsidiaries or successors, regardless of whether such damages are caused by either party’s breach of contract, willful misconduct, negligent act or omission, or other wrongful act.
Appears in 19 contracts
Sources: Personal Services Agreement, Personal Services Agreement, Personal Services Agreement
Consequential Damages. Neither party shall be liable to the other for consequential damages, including, without limitation, loss of profits or revenue; loss of use or opportunity; loss of profits incurred by one another or their subsidiaries or successorsgood will; cost of substitute facilities, regardless of whether such damages are caused by either party’s breach of contract, willful misconduct, negligent act or omissiongoods, or other wrongful actservices; cost of capital; or for any special, consequential, indirect, punitive, or exemplary damages.
Appears in 19 contracts
Sources: Professional Services Agreement, License Agreement, Co Sponsorship Agreement
Consequential Damages. Neither party shall be liable to the other for consequential damages, including, without limitation, loss of use or loss of profits profits, incurred by one another or their subsidiaries or successors, regardless of whether such damages are caused by either party’s breach of contract, willful will-full misconduct, negligent act or omission, or other wrongful actact of either of them.
Appears in 16 contracts
Sources: Independent Contractor Agreement, Construction Contract, Construction Contract
Consequential Damages. Neither party shall be liable to the other for consequential incidental, consequential, special, punitive or indirect damages, including, without limitation, including but not limited to loss of use or loss of profits incurred by one another profit or their subsidiaries or successors, regardless of whether such damages are caused by either party’s breach of contract, willful misconduct, negligent act or omission, or other wrongful actrevenue.
Appears in 7 contracts
Sources: Solar Lease (Green Stream Holdings Inc.), Solar Lease (Green Stream Holdings Inc.), Solar Lease (Green Stream Holdings Inc.)
Consequential Damages. Neither party Party shall be liable to the other Party for special, punitive, indirect, exemplary or consequential damages, including, without limitation, loss of use or loss of profits incurred by one another or their subsidiaries or successors, regardless of whether such damages are caused allowed or provided by either party’s breach of contract, willful misconducttort (including negligence), negligent act strict liability, statute or omission, or other wrongful actotherwise.
Appears in 6 contracts
Sources: Tolling Agreement, Tolling Agreement, Tolling Service Agreement
Consequential Damages. Neither party shall be liable to the other in contract, tort, negligence, breach of statutory duty or otherwise for consequential damages, including, without limitation, any (direct or indirect) loss of use profits, of production, of anticipated savings, of business or loss goodwill or for any liability, damage, costs or expense of profits any kind incurred by one another the other party of an indirect or their subsidiaries or successors, regardless of whether such damages are caused by either party’s breach of contract, willful misconduct, negligent act or omission, or other wrongful actconsequential nature.
Appears in 5 contracts
Sources: Manufacturing Services and Supply Agreement, Manufacturing Services and Supply Agreement (Jazz Pharmaceuticals Inc), Manufacturing Services and Supply Agreement (Jazz Pharmaceuticals Inc)
Consequential Damages. Neither party shall be liable to the other or any third party for any indirect or consequential loss or damages, includinghowever arising, without limitationincluding but not limited to, loss of use income, loss of profit or loss of profits incurred by one another or their subsidiaries or successorsopportunity, regardless of whether provided that such damages are loss is not caused by either the negligence or willful misconduct of such party’s breach of contract, willful misconduct, negligent act or omission, or other wrongful act.
Appears in 3 contracts
Sources: Warehousing & Distribution Agreement (Biologix Hair Inc.), Servicing, Warehousing & Distribution Agreement (Redenvelope Inc), Servicing, Warehousing & Distribution Agreement (Redenvelope Inc)
Consequential Damages. Neither party shall be liable to the other for consequential damages, including, without limitation, loss of use or loss of profits incurred by one another or their subsidiaries or successors, regardless of whether such damages are caused by either party’s breach of contract, willful misconduct, negligent act or omission, or other wrongful act.caused
Appears in 3 contracts
Sources: Personal Services Agreement, Personal Services Agreement, Personal Services Agreement
Consequential Damages. Neither party Party shall be liable to to the other Party for special, punitive, indirect, exemplary or consequential damages, including, without limitation, loss of use or loss of profits incurred by one another or their subsidiaries or successors, regardless of whether such damages are caused allowed or provided by either party’s breach of contract, willful misconducttort (including negligence), negligent act strict liability, statute or omission, or other wrongful actotherwise.
Appears in 3 contracts
Sources: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement
Consequential Damages. Neither party Except as otherwise specifically provided herein, neither Party shall be liable to the other for any indirect, incidental or consequential damages, including, without limitation, loss of use or damage or loss of profits incurred by one another opportunity or their subsidiaries or successors, regardless of whether such damages are caused by either party’s breach of contract, willful misconduct, negligent act or omission, or other wrongful actprofits.
Appears in 3 contracts
Sources: E Bid RLNG Sales Agreement, E Bid RLNG Sales Agreement, E Bid RLNG Sales Agreement
Consequential Damages. Neither party Party shall be liable to for, nor will the other measure of damages include, any indirect, incidental, special or consequential damages or amounts for consequential damages, including, without limitation, loss of use income, profits or loss savings arising out of profits incurred by one another or their subsidiaries relating to its performance or successors, regardless of whether such damages are caused by either party’s breach of contract, willful misconduct, negligent act or omission, or other wrongful actfailure to perform under this Agreement.
Appears in 2 contracts
Sources: Services Agreement (Broadcom Corp), Services Agreement (Broadcom Corp)
Consequential Damages. Neither party Notwithstanding the above, neither Party shall be liable to the other for any indirect, special or consequential damages, including, without limitationbut not limited to, loss of use profits or loss revenues, interruption of profits incurred by one another customer service or their subsidiaries or successors, regardless of whether such damages are caused by either party’s breach of contract, willful misconduct, negligent act or omission, or other wrongful actinterference with business operations.
Appears in 2 contracts
Sources: Pole Attachment and Conduit Occupancy Licensing Agreement, Pole Attachment and Conduit Occupancy Licensing Agreement
Consequential Damages. Neither party Party shall be liable to the other Party for any special or consequential damages, includingwhether based upon lost goodwill, without limitationlost resale profits, loss work stoppage, or impairment of use other goods or loss arising out of profits incurred by one another or their subsidiaries or successorsbreach of warranty, regardless of whether such damages are caused by either party’s breach of contract, willful misconduct, negligent act or omissionstrict liability, or other wrongful actnegligence.
Appears in 2 contracts
Sources: Supply and License Agreement (Heska Corp), Supply and License Agreement (Heska Corp)
Consequential Damages. Neither party shall Party will be liable to the other party for any indirect, special, consequential or incidental damages, including, without limitationincluding loss of business opportunity, loss of use or profit, loss of profits incurred by one another or their subsidiaries or successorsproduction, regardless loss of whether such damages are caused by either party’s breach data and loss of contract, willful misconduct, negligent act or omission, or other wrongful actuse.
Appears in 2 contracts
Sources: Chemical Products Supply Agreement (ProFrac Holding Corp.), Chemical Products Supply Agreement (Flotek Industries Inc/Cn/)
Consequential Damages. Neither party shall be liable to the other or any third party for any indirect or consequential loss or damages, includinghowever arising, without limitationincluding but not limited to, loss of use income, loss of profit or loss of profits incurred by one another or their subsidiaries or successorsopportunity, regardless of whether provided that such damages are loss is not caused by either the misconduct or negligence of such party’s breach of contract, willful misconduct, negligent act or omission, or other wrongful act.
Appears in 2 contracts
Consequential Damages. Neither party Party shall be liable to for damages incurred by the other Party for consequential damagesany loss of profit or revenues, including, without limitationloss of product, loss of use of products or loss services or associated equipment, interruption of profits incurred by one another or their subsidiaries or successorsbusiness, regardless cost of whether such damages are caused by either party’s breach of contractcapital, willful misconductdowntime costs, negligent act or omissionincreased operating costs, or other wrongful act.for any special, consequential, incidental, indirect or punitive damages; provided, however, that nothing in this Section 16.4 (Consequential Damages) shall limit any of (i) the indemnification obligations of either Party under
Appears in 2 contracts
Consequential Damages. Neither Notwithstanding anything to the contrary herein, neither party shall be liable to the other for consequential incidental, consequential, special, punitive or indirect damages, including, without limitation, including but not limited to loss of use or loss of profits incurred by one another profit or their subsidiaries or successors, regardless of whether such damages are caused by either party’s breach of contract, willful misconduct, negligent act or omission, or other wrongful actrevenue.
Appears in 2 contracts
Consequential Damages. Neither party Party shall be liable to the other for consequential damages, Party under any cause of action (including, without limitationbut not limited to, those listed in Article 13 above) for: (i) damages in connection with loss of revenue or of profits, business interruption, loss of use or of property, loss of profits incurred by one another business opportunity, increased operating costs or their subsidiaries increased financing costs; (ii) any type or successorsamount of indirect, regardless of whether such special or consequential damages are caused by either party’s breach of contract, willful misconduct, negligent act howsoever characterized or omission, calculated; or other wrongful act(iii) punitive or exemplary damages.
Appears in 1 contract
Sources: Terms and Conditions
Consequential Damages. Neither party shall be liable to the other for consequential damages, including, without limitation, loss of profits or revenue; loss of use or opportunity; loss of profits incurred by one another good will; cost of substitute facilities, goods or their subsidiaries services; cost of capital; or successorsfor any special, regardless of whether such damages are caused by either party’s breach of contractconsequential, willful misconductindirect, negligent act or omissionpunitive, or other wrongful actexemplary damages.
Appears in 1 contract
Sources: Construction Contract
Consequential Damages. Neither party Party shall be liable to the other for special, indirect or consequential damagesdamages resulting from or arising out of this Contract, including, without limitation, loss of profit, loss of production, loss of use or loss of profits incurred by one another or their subsidiaries or successorsbusiness interruptions, regardless of whether such damages are caused by either party’s breach of contract, willful misconduct, negligent act or omission, or other wrongful acthowever caused.
Appears in 1 contract
Consequential Damages. Neither party shall be liable to the other for any indirect, special, punitive, exemplary or consequential damages, including, without limitationbut not limited to, loss of use damages for lost production, lost revenue, lost product, lost profits, lost business or loss of profits incurred by one another or their subsidiaries or successorsbusiness interruptions REGARDLESS OF THE SOLE, regardless of whether such damages are caused by either party’s breach of contractJOINT AND/OR CONCURRENT NEGLIGENCE OF EITHER PARTY, willful misconduct, negligent act or omission, or other wrongful actAND EACH PARTY HEREBY RELEASES THE OTHER IN THIS REGARD.
Appears in 1 contract
Consequential Damages. Neither party Party shall be liable to the other for special, indirect, consequential damagesdamages resulting from or arising out of this Contract, including, without limitation, loss or profit of use or loss of profits incurred by one another or their subsidiaries or successorsbusiness interruptions, regardless of whether such damages are caused by either party’s breach of contract, willful misconduct, negligent act or omission, or other wrongful acthowever same may be caused.
Appears in 1 contract
Sources: International Daywork Drilling Contract (Zion Oil & Gas Inc)
Consequential Damages. Neither party shall be liable to the other hereunder for consequential damagesany indirect, consequential, incidental, punitive or exemplary damages (including, without limitation, loss damages on account of use or loss of profits incurred by one another or their subsidiaries or successors, regardless of whether such damages are caused by either party’s breach of contract, willful misconduct, negligent act or omission, or other wrongful actlost profits) arising hereunder.
Appears in 1 contract
Sources: Purchase and Sale Agreement (Far West Electric Energy Fund L P)
Consequential Damages. Neither party shall be liable to the other responsible for any indirect, consequential damagesor special damages whatsoever, including, without limitation, extra expense, loss of profits, loss of use of property, delay or damages consequential upon loss of profits incurred use, whether resulting from negligence, breach hereof or otherwise, and even if the possibility of such is or was foreseeable by one another Lessee, Lessor or their subsidiaries any other person or successors, regardless of whether such damages are caused by either party’s breach of contract, willful misconduct, negligent act or omission, or other wrongful actentity.
Appears in 1 contract
Sources: Equipment Rental Agreement
Consequential Damages. Neither party shall be liable to the other for any consequential damages, including, without limitation, loss either Party’s liability for damages hereunder shall in no event exceed the lesser of use actual damages or loss the amount of profits incurred fees paid by one another or their subsidiaries or successors, regardless of whether such damages are caused by either party’s breach of contract, willful misconduct, negligent act or omission, or other wrongful actClient for the relevant service.
Appears in 1 contract
Sources: Services Agreement (Cellteck Inc.)
Consequential Damages. Neither party shall be liable to the other for consequential damages, including, without limitation, loss of profits or revenue; loss of use or opportunity; loss of profits incurred by one another or their subsidiaries or successorsgood will; cost of substitute facilities, regardless of whether such damages are caused by either party’s breach of contract, willful misconduct, negligent act or omissiongoods, or other wrongful actservices; costs of capital; or for any special, consequential, indirect, punitive, or exemplary damages.
Appears in 1 contract
Sources: Professional Services Agreement
Consequential Damages. Neither party Party shall be liable to the other Party for consequential damages, including, without limitationor indirect damages or indirect costs or expenses, loss of use or profits, loss of profits incurred by one another or their subsidiaries or successors, regardless of whether such damages are caused by either party’s breach of contract, willful misconduct, negligent act or omissionopportunities, or other wrongful actthe like.
Appears in 1 contract
Sources: Electric Vehicles Purchase Agreement (Lucid Group, Inc.)
Consequential Damages. Neither party shall be liable to the other for consequential damageslost profits, includinglost revenues, without limitationlost opportunity costs, loss costs of use or loss of profits incurred by one another or their subsidiaries or successors, regardless of whether such damages are caused by either party’s breach of contract, willful misconduct, negligent act or omissionfinancing, or other wrongful actconsequential, punitive, special, or incidental damages in connection with any Direct Claim.
Appears in 1 contract
Sources: Purchase and Sale Agreement (Caraustar Industries Inc)
Consequential Damages. Neither party shall be liable to the other or any other person or entity for consequential damagesany lost profits, includinganticipated profits, without limitationloss by reason of shutdown in operation or increased expenses of operation, loss of use or loss of profits incurred by one another or their subsidiaries or successors, regardless of whether such damages are caused by either party’s breach of contract, willful misconduct, negligent act or omissiongoodwill, or other wrongful actany consequential, incidental, indirect, punitive, or special damages, even if such party has been advised of the possibility of such damages.
Appears in 1 contract
Sources: Data License Agreement
Consequential Damages. Neither party Party shall be liable to the other for special, Indirect or consequential damagesdamages resulting from or arising out of this Contract, including, without limitation, loss of use profit or business interruptions including loss or delay of profits incurred by one another or their subsidiaries or successorsproduction, regardless of whether such damages are caused by either party’s breach of contract, willful misconduct, negligent act or omission, or other wrongful acthowever same may be caused.
Appears in 1 contract
Sources: Daywork Drilling Contract (Nevada Geothermal Power Inc)
Consequential Damages. Neither To the fullest extent permitted by law, neither party shall be liable to the other for any special, indirect, incidental or consequential damages, including, without limitationbut not limited to, damages from delay, lost distribution, loss of use or product, loss of use, loss of profits incurred by one another or their subsidiaries revenue or successorsincreased cost of operation, regardless the cost of whether such damages are caused by either party’s breach capital or the cost of contractpurchased or replacement equipment, willful misconduct, negligent act systems or omission, or other wrongful actpower.
Appears in 1 contract
Sources: Professional Services
Consequential Damages. Neither party shall be liable to the other for consequential incidental, consequential, special, punitive or indirect damages, including, without limitation, including but not limited to loss of use ofuse or loss of profits incurred by one another profit or their subsidiaries or successors, regardless of whether such damages are caused by either party’s breach of contract, willful misconduct, negligent act or omission, or other wrongful actrevenue .
Appears in 1 contract
Consequential Damages. Neither party shall be liable to the other for consequential damages, including, without limitation, loss of use or loss of profits incurred by one another or their subsidiaries or successors, regardless of whether such damages are caused by either party’s breach of contract, willful misconduct, negligent act or omission, or other wrongful act.by
Appears in 1 contract
Sources: Personal Services Agreement
Consequential Damages. Neither party shall be liable to the other party for consequential any punitive or exemplary damages, including, without limitation, loss of use or profits, loss of profits incurred by one another production, loss of business or their subsidiaries mineral rights or successors, regardless of whether such damages are caused business interruptions which may be suffered by either party’s breach , as the case may be, and which arise out of contract, willful misconduct, negligent act or omission, or other wrongful actin connection with this Agreement.
Appears in 1 contract
Sources: Asset Purchase Agreement