Common use of Consequential Damages Clause in Contracts

Consequential Damages. Under no circumstances whatsoever will either party be liable to the other in contract, tort, negligence, breach of statutory duty, or otherwise for (i) any (direct or indirect) loss of profits, of production, of anticipated savings, of business, or goodwill or (ii) for any other liability, damage, costs, or expense of any kind incurred by the other party of an indirect or consequential nature, regardless of any notice of the possibility of these damages.

Consequential Damages. Under Except for the parties' indemnity obligations, in no circumstances whatsoever event will either party be liable or responsible to the other in contract, tort, negligence, breach of statutory duty, or otherwise for (i) any (direct or indirect) loss of profits, of production, of anticipated savings, of business, or goodwill or (ii) for any other liabilitytype of incidental, damagepunitive, costs, or expense of any kind incurred by the other party of an indirect or consequential naturedamages, regardless including, but not limited to, lost revenue, lost profits, replacement goods, loss of any notice technology, rights or services, loss of data, or interruption or loss of use of service or equipment, even if advised of the possibility of these such damages, whether arising under theory of contract, tort (including negligence), product liability, strict liability or otherwise.

Consequential Damages. Under no circumstances whatsoever will shall either party be liable to the other in contract, tort, negligence, breach of statutory duty, duty or otherwise for (i) any (direct or indirect) loss of profits, of production, of anticipated savings, of business, business or goodwill or (ii) for any other liability, damage, costs, costs or expense of any kind incurred by the other party of an indirect or consequential nature, regardless of any notice of the possibility of these damages.

Consequential Damages. Under no circumstances whatsoever will shall either party be liable to the other in contract, tort, negligence, breach of statutory duty, duty or otherwise for (i) any (direct or indirect) loss of profits, of production, of anticipated savings, of business, business or goodwill or (ii) for any other liability, damage, costs, costs or expense of any kind incurred by the other party of an indirect or consequential nature, regardless provided however such limitation shall not apply with respect to the obligations of any notice either party to indemnify the other in respect of a final judgment or order obtained by a third party where such third party claim arose as a result of the possibility actions of these damagesthe other party.

Consequential Damages. Under In no event and under no circumstances whatsoever will shall either party party, its affiliates or any of its or their officers, directors, agents or employees be liable to anyone, including, without limitation, the other in party, under any theory of tort, contract, tort, negligence, breach of statutory duty, strict liability or otherwise other legal or equitable theory for (i) any (direct or indirect) loss of lost profits, of productionexemplary, of anticipated savingspunitive, of businessspecial, or goodwill or (ii) for any other liability, damage, costs, or expense of any kind incurred by the other party of an indirect or consequential nature, damages for any act or failure to act under any provision of this Agreement regardless of any notice whether such damages were foreseeable and even if advised of the possibility of these damagesthereof.

Consequential Damages. Under In no circumstances whatsoever will event shall either party Party be liable to the other in Party, whether under breach of contract, torttort (including negligence), negligence, breach of statutory duty, strict liability or otherwise for (i) any (direct or indirect) loss of profits, of production, of anticipated savings, of business, or goodwill or (ii) for any other theory of liability, damagewhenever arising, costsfor consequential, special or expense indirect damages of any kind incurred by the other party of an indirect or consequential nature, regardless of any notice of the possibility of these damages.

Consequential Damages. Under In no event and under no circumstances whatsoever will shall either party party, their affiliates or any of their officers, directors, Directors, agents or employees be liable to anyone, including, without limitation, the other in party, under any theory of tort, contract, tort, negligence, breach of statutory duty, strict liability or otherwise other legal or equitable theory for (i) any (direct or indirect) loss of lost profits, of productionexemplary, of anticipated savingspunitive, of businessspecial, or goodwill or (ii) for any other liability, damage, costs, or expense of any kind incurred by the other party of an indirect or consequential nature, damages for any act or failure to act under any provision of this Agreement regardless of any notice whether such damages were foreseeable and even if advised of the possibility of these damagesthereof.

Consequential Damages. Under In no circumstances whatsoever will event shall either party be liable to the other in contractfor incidental, tortconsequential or special loss or damages of any kind, negligence, breach of statutory dutyhowever caused, or otherwise for (i) any (direct or indirect) loss of profits, of production, of anticipated savings, of business, or goodwill or (ii) for any other liability, damage, costs, or expense of any kind incurred by the other party of an indirect or consequential nature, regardless of any notice of the possibility of these punitive damages.

Consequential Damages. Under In no circumstances whatsoever event will either party Party be liable to the other in for any type of incidental, special, exemplary, punitive, indirect or consequential damages, including, but not limited to, lost revenue, lost profits, replacement goods, loss of technology, rights or services, loss of data, or interruption or loss of use of service or equipment, even if such Party was advised of the possibility of such damages, and whether arising under theory of contract, tort, negligence, breach of statutory duty, strict liability or otherwise for (i) any (direct or indirect) loss of profits, of production, of anticipated savings, of business, or goodwill or (ii) for any other liability, damage, costs, or expense of any kind incurred by the other party of an indirect or consequential nature, regardless of any notice of the possibility of these damagesotherwise.

Consequential Damages. Under In no circumstances whatsoever will event shall either party be liable to the other in contractor to any third party for any indirect, tortspecial or consequential damages including, negligencewithout limitation, breach of statutory duty, or otherwise for (i) any (direct or indirect) those based on loss of profitsrevenue, of productionprofit or business opportunity, of anticipated savingswhether or not either party had or should have had any knowledge, of businessactual or constructive, or goodwill or (ii) for any other liability, damage, costs, or expense of any kind incurred by the other party of an indirect or consequential nature, regardless of any notice of the possibility of these damagesthat such damages might be incurred.

Consequential Damages. Under Except for a party’s indemnification obligations under this Agreement, or due to a breach of Article 11, under no circumstances whatsoever will either party be liable to the other in contract, tort, negligence, breach of statutory duty, or otherwise for (i) any (direct or indirect) loss of profits, of production, of anticipated savings, of business, or goodwill or (ii) for any other liability, damage, costs, or expense of any kind incurred by the other party of an indirect or consequential nature, regardless of any notice of the possibility of these damages.

Consequential Damages. Under no circumstances whatsoever will either party be liable to the other in contract, tort, negligence, breach of statutory duty, or otherwise for (i) any ({direct or indirect) loss of profits, of production, of anticipated savings, of business, or goodwill or (ii) for any other liability, damage, costs, or expense of any kind incurred by the other party of an indirect or consequential nature, regardless of any notice of the possibility of these damages.

Consequential Damages. Under no circumstances whatsoever will shall either party Party be liable to the other in contract, tort, negligence, breach of statutory duty, duty or otherwise for (i) any (direct or indirect) loss of profits, of production, of anticipated savings, of business, business or goodwill or (ii) for any other liability, damage, costs, costs or expense of any kind incurred by the other party Party of an indirect or consequential nature, regardless of any notice of the possibility of these such damages. The foregoing shall not be construed to limit payment of any amount due pursuant to either Section 7.1 or Section 7.2.

Consequential Damages. Under In no circumstances whatsoever will event shall either party Party be liable to the other for any prospective profits, or special, indirect, incidental or consequential damages of any kind, whether based in contract, tort, negligence, breach of statutory duty, tort (including negligence or otherwise for (istrict liability) any (direct or indirect) loss of profits, of production, of anticipated savings, of business, or goodwill or (ii) for any other liability, damage, costs, or expense of any kind incurred by the other party of an indirect or consequential nature, regardless of any notice of the possibility of these damagesotherwise.

Consequential Damages. Under In no circumstances whatsoever will event shall either party be liable to the other for any indirect, consequential, special or incidental damages of any kind whether based in contract, torttort (including without limitation negligence or strict liability), negligence, breach of statutory duty, warranty or otherwise for (i) any (direct or indirect) loss of profits, of production, of anticipated savings, of business, or goodwill or (ii) for any other liability, damage, costs, or expense of any kind incurred by the other party of an indirect or consequential nature, regardless of any notice of the possibility of these damagesotherwise.

Consequential Damages. Under Except for breaches of the confidentiality provisions, under no circumstances whatsoever will either party Party be liable to the other in contract, tort, negligence, breach of statutory duty, or otherwise for (i) any (direct or indirect) loss of profits, of production, of anticipated savings, of business, or goodwill or (ii) for any other liability, damage, costs, or expense of any kind incurred by the other party Party of an indirect or consequential nature, regardless of any notice of the possibility of these damages.

Consequential Damages. Under Except for [***], under no circumstances whatsoever will either party Party be liable to the other in contract, tort, negligence, breach of statutory duty, or otherwise for (i) any (direct or indirect) loss of profits, of production, of anticipated savings, of business, or goodwill or (ii) for any other liability, damage, costs, or expense of any kind incurred by the other party Party of an indirect or consequential nature, regardless of any notice of the possibility of these damages.

Consequential Damages. Under In no circumstances whatsoever will event shall either party be liable to the other for any prospective profits, or special, indirect, or consequential damages of any kind, whether based in contract, torttort (including negligence or strict liability), negligence, breach of statutory duty, warranty or otherwise for (i) any (direct or indirect) loss of profits, of production, of anticipated savings, of business, or goodwill or (ii) for any other liability, damage, costs, or expense of any kind incurred by the other party of an indirect or consequential nature, regardless of any notice of the possibility of these damagesotherwise.

Consequential Damages. Under no circumstances whatsoever will either Neither party shall in any event be responsible or liable to the other in contractparty for consequential, tortindirect or punitive damages, negligenceincluding liability for loss of use of the Facility or existing property, breach of statutory duty, or otherwise for (i) any (direct or indirect) loss of profits, loss of productionproduct or business interruption, of anticipated savingshowever caused, of business, or goodwill or (ii) for except to the extent any other liability, damage, costs, or expense of any kind incurred by the other third-party of an indirect or claims against which a party is entitled to indemnification are deemed to be consequential nature, regardless of any notice of the possibility of these damages.

Consequential Damages. Under no circumstances whatsoever will either To the maximum extent permitted by law, neither party be liable to the other in contractfor any indirect, tortspecial, negligenceincidental, breach consequential damages of statutory dutyany type or kind (including, or otherwise for (i) any (direct or indirect) loss of without limitation, earnings, revenue, profits, of productiongoodwill, of anticipated savingsuse or other economic advantage, loss of business, production or goodwill opportunity, loss or (ii) for corruption of data, wasted overheads, financial penalties imposed by any government or agency or any other liability, damage, costs, or expense of any kind incurred by the other party of an indirect or consequential nature, regardless loss arising from or in relation to this Agreement). This clause will continue to apply notwithstanding the termination or expiration of any notice of the possibility of these damagesthis Agreement.

Consequential Damages. Under The parties shall under no circumstances whatsoever will either party be liable to the each other in contract, tort, negligence, breach of statutory duty, or otherwise for (i) any (direct or indirect) loss of profitsuse, of production, of anticipated savings, interruption of business, or goodwill any indirect, special, incidental or (ii) for any other liability, damage, costs, or expense consequential damages of any kind incurred by the other party of an indirect or consequential naturekind, including lost profits, regardless of any notice the form of the possibility of these damagesaction, be it in contract, tort (including negligence) or otherwise.

Consequential Damages. Under In any event, notwithstanding the foregoing, except for [ * ], under no circumstances whatsoever will (including due to negligence) shall either party Party be liable to the other in contract, tort, negligence, breach of statutory duty, duty or otherwise for (i) any (direct [ * ] consequential loss or indirect) damage, including but not limited to loss of profits, of production, of anticipated savings, pure economic loss, of businessbusiness or goodwill, or goodwill or (ii) for any other liability, damage, costs, costs or expense of any kind incurred by the other party Party of an indirect indirect, consequential or consequential punitive nature, regardless of any notice of the possibility of these such damages.

Consequential Damages. Under no circumstances whatsoever will either a party be liable to the other have any liability arising from contract (including under any indemnity), in contracttort (including negligence), tortunder any warranty (express or implied) under statute or otherwise in each case for any indirect, negligenceincidental, breach of statutory dutyexemplary, special, or otherwise for (i) any (direct consequential punitive losses or indirect) damages arising under this Agreement or an Addendum, including loss of profits, of production, of anticipated savings, of business, or goodwill or (ii) for any other liability, damage, costs, or expense of any kind incurred by the other party of an indirect or consequential nature, regardless of any notice of the possibility of these damageswhether such damages could have been foreseen or prevented (together, “Consequential Damages”).

Consequential Damages. Under no circumstances whatsoever will shall either party Party be liable to the other in contract, tort, negligence, breach of statutory duty, duty or otherwise for (i) any (direct or indirect) indirect loss of profits, of production, of anticipated savings, of business, business or goodwill or (ii) for any other liability, damage, costs, costs or expense of any kind incurred by the other party Party of an indirect or consequential nature, regardless of any notice of the possibility of these damages.

Consequential Damages. Under no circumstances whatsoever will either party Party be liable to the other in contract, tort, negligence, breach of statutory duty, or otherwise for (i) any (direct or indirect) loss of profits, of production, of anticipated savings, of business, or goodwill or (ii) for any other liability, damage, costs, or expense of any kind incurred by the other party Party of an indirect or consequential nature, regardless of any notice of the possibility of these damages.

Consequential Damages. Under In no circumstances whatsoever will event shall either party be liable to the other for any indirect, incidental, special, exemplary, consequential or lost profit damages, however caused and under any theory of liability, whether in contract, tortstrict liability or tort (including negligence or otherwise) arising in any way out of this Agreement, negligence, breach of statutory duty, or otherwise for (i) any (direct or indirect) loss of profits, of production, of anticipated savings, of business, or goodwill or (ii) for any other liability, damage, costs, or expense of any kind incurred by the other party of an indirect or consequential nature, regardless of any notice even if advised of the possibility of these such damages.

Consequential Damages. Under In no circumstances whatsoever will event shall either party be liable to the other for any direct, indirect, incidental, special, exemplary, or consequential damages however, caused and on any theory of liability, whether in contract, tort, negligence, breach of statutory dutystrict liability, or otherwise for tort (iincluding negligence or otherwise) arising in any (direct way out of this Agreement or indirect) loss of profitsthe Services to be performed hereunder, of production, of anticipated savings, of business, or goodwill or (ii) for any other liability, damage, costs, or expense of any kind incurred by the other party of an indirect or consequential nature, regardless of any notice even if advised of the possibility of these damagessuch damage.

Consequential Damages. Under In no circumstances whatsoever will event shall either party be liable to the other for any direct, indirect, incidental, special, exemplary, or consequential damages, however caused and on any theory of liability, whether in contract, tort, negligence, breach of statutory dutystrict liability, or otherwise for tort (iincluding negligence or otherwise) arising in any (direct way out of this Agreement or indirect) loss of profitsthe Services to be performed hereunder, of production, of anticipated savings, of business, or goodwill or (ii) for any other liability, damage, costs, or expense of any kind incurred by the other party of an indirect or consequential nature, regardless of any notice even if advised of the possibility of these damagessuch damage.

Consequential Damages. Under In no circumstances whatsoever will event shall either party be liable to the other for incidental or consequential damages, including, without limitation, lost revenue, lost profits, loss of use, or for any other loss of any nature, whether based in contract, tort, negligence, breach of statutory dutystrict liability, economic loss or otherwise arising from performance, or otherwise for (i) any (direct or indirect) loss of profitsfailure to perform, of production, of anticipated savings, of business, or goodwill or (ii) for any other liability, damage, costs, or expense of any kind incurred by the other party of an indirect or consequential nature, regardless of any notice of the possibility of these damagesunder this Agreement.

Consequential Damages. Under no circumstances whatsoever will either party be liable to the other in contract, tort, negligence, breach of statutory duty, or otherwise for (i) any (direct or indirect) indirect loss of profits, of production, of anticipated savings, of business, or goodwill or (ii) for any other liability, damage, costs, or expense of any kind incurred by the other party of an indirect or consequential nature, regardless of any notice of the possibility of these damages.

Consequential Damages. Under no circumstances whatsoever will shall either party Party be liable to the other in contract, tort, negligence, breach of statutory duty, duty or otherwise for (i) any (direct or indirect) loss of profits, of production, of anticipated savings, of business, business or goodwill or (ii) for any other liability, damage, costs, costs or expense of any kind incurred by the other party Party of an indirect or consequential nature, regardless of any notice of the possibility of these damages.

Consequential Damages. Under no circumstances whatsoever will shall either party be liable to the other in contract, tort, negligence, breach of statutory duty, duty or otherwise for (i) any (direct indirect or indirect) consequential damages, including, without limiting the generality of the foregoing loss of profits, of productionrevenues, of anticipated savings, of business, business or goodwill or (ii) for any other liability, damage, costs, or expense of any kind incurred by the other party of an indirect or consequential nature, regardless of any notice of the possibility of these such damages.

Consequential Damages. Under A. In no circumstances whatsoever will event shall either party Party be liable to the other in contract, tort, negligence, breach of statutory duty, tort or otherwise for (i) any (direct or indirect) loss of profits, of production, of anticipated savings, of business, or goodwill or (ii) in contract for any other liabilityincidental, damagespecial, costs, or expense of any kind incurred by the other party of an indirect or consequential nature, regardless damages of any notice kind, including, without limitation, claims for lost profits or loss of goodwill, even if that Party has been advised of the possibility of these such damages, by reason of any breach or default under this Agreement. This section shall not be interpreted to affect in any way Consultant’s obligations with respect to a third party.

Consequential Damages. Under no circumstances whatsoever will shall either party be liable to the other in contract, tort, negligence, breach of statutory duty, duty or otherwise for (i) any (direct or indirect) loss of profits, of production, of anticipated savings, of business, or goodwill or (ii) for any other liability, damage, costs, costs or expense of any kind incurred by the other party of an indirect or consequential nature, regardless of any notice of the possibility of these damages.

Consequential Damages. Under In no circumstances whatsoever will either event shall any party be liable to the hereto, on behalf of themselves and all other in contractrelated parties, torthave any liability for, negligenceany indirect, breach of statutory dutyconsequential, or otherwise for (i) any (direct or indirect) punitive damages, including loss of profitsprofits or business opportunity, of production, of anticipated savings, of business, arising under or goodwill or (ii) for any other liability, damage, costs, or expense of any kind incurred by the other party of an indirect or consequential nature, regardless of any notice of the possibility of these damagesin connection with this Sublease.

Consequential Damages. Under Except for the indemnity obligations under Sections 10.3(a) and 10.4, under no circumstances whatsoever will either party be liable to the other in contract, tort, negligence, breach of statutory duty, or otherwise for (i) any (direct or indirect) loss of profits, of production, of anticipated savings, of business, or goodwill or (ii) for any other liability, damage, costs, or expense of any kind incurred by the other party of an indirect or consequential nature, regardless of any notice of the possibility of these damages.

Consequential Damages. Under In no circumstances whatsoever will event shall either party be liable to the other for incidental or consequential damages, including, without limitation, lost revenue, lost profits, loss of use, or for any other loss of any nature, whether based in contract, tort, negligence, breach of statutory dutystrict liability, economic loss or otherwise arising from performance, or otherwise for (i) any (direct or indirect) loss of profitsfailure to perform, of production, of anticipated savings, of business, or goodwill or (ii) for any other liability, damage, costs, or expense of any kind incurred by the other party of an indirect or consequential nature, regardless of any notice of the possibility of these damagesunder this Agreement.

Consequential Damages. Under Except with respect to claims of third parties that give rise to indemnification rights of a Party, in no circumstances whatsoever will event shall either party Party be liable to the other for any prospective profits, or special, indirect, incidental or consequential damages of any kind, including punitive damages and fees, whether based in contract, tort, negligence, breach of statutory duty, tort (including negligence or otherwise for (istrict liability) any (direct or indirect) loss of profits, of production, of anticipated savings, of business, or goodwill or (ii) for any other liability, damage, costs, or expense of any kind incurred by the other party of an indirect or consequential nature, regardless of any notice of the possibility of these damagesotherwise.

Consequential Damages. Under no circumstances whatsoever will shall either party be liable to the other in contract, tort, negligence, breach of statutory duty, duty or otherwise for (i) any (direct or indirect) loss of profits, of production, of anticipated savings, of business, business or goodwill or (ii) for any other liability, damage, costs, costs or expense of any kind incurred by the other party of an indirect or consequential nature, regardless of any notice of the possibility of these such damages. The foregoing shall not be construed to limit payment of any amount due pursuant to either Section 8.1 or Section 8.2.

Consequential Damages. Under In no circumstances whatsoever will event shall either party Party be responsible or liable to the other in contractParty for anticipatory profits or any indirect, tortspecial, negligence, breach of statutory dutyincidental, or otherwise for (i) any (direct or indirect) loss of profits, of production, of anticipated savings, of business, or goodwill or (ii) for any other liability, damage, costs, or expense consequential damages of any kind incurred by or nature arising directly or indirectly in connection with any breach of this Agreement or the other party construction, use, or operation of an indirect the Premises or consequential nature, regardless the exercise of any notice of the possibility of these damagesrights related thereto, whether based on an action or claim in contract or tort, including negligence, strict liability, or otherwise.