Consequential Loss Etc Sample Clauses
The 'Consequential Loss Etc' clause defines and limits the liability of parties for indirect or consequential losses arising from a contract. Typically, this clause specifies that neither party will be responsible for losses such as lost profits, loss of business, or other damages that do not directly result from a breach but are secondary effects. By clearly outlining which types of losses are excluded from liability, the clause helps manage risk exposure and prevents disputes over the scope of recoverable damages.
Consequential Loss Etc. VIP shall have no liability for any indirect or consequential losses or any punitive or aggravated damages arising out of any matter or circumstance giving rise to a HET Claim.
Consequential Loss Etc. Notwithstanding anything to the contrary in this Agreement, AUTOADDRESS shall not be liable to the other by reason of any representation or warranty, condition or other term or any duty of common law, or under the express terms of this Agreement, for any consequential, special, incidental or punitive loss or damage (whether for loss of current or future profits, loss of enterprise value or otherwise) and whether occasioned by its negligence of the respective parties, or that if its employees or agents or otherwise, even if advised of the possibility of such damages.
Consequential Loss Etc. Subject to Clause 15, we will not under any circumstances be liable to the Customer by reason of any representation or warranty, condition or other term or any duty of common law, or under the express terms of these terms, for any consequential, special, incidental or punitive loss or damage (whether for loss of current or future profits, loss of enterprise value or otherwise) and whether occasioned by our negligence, or that of our employees or agents or otherwise, even if advised of the possibility of such damages.
Consequential Loss Etc. The Merchant shall not under any circumstances be liable to the grower by reason of any representation or warranty, condition or other term or any duty of common law, or under the express terms of these conditions of sale, for any consequential, special incidental or punitive loss or damage (whether for loss of current or future profits, loss of enterprise value or otherwise) and whether occasioned by the negligence of the Merchant, their employees or agents or otherwise, even if advised of the possibility of such damages.
Consequential Loss Etc. Except to the extent resulting from gross negligence or willful misconduct, under no circumstances shall the Program Manager be liable to the Owner for, nor shall the Owner make claim for, consequential, special or indirect Loss or damage, or for any Loss or damage resulting from loss of use, loss of profits or revenues, costs of capital, loss of goodwill, claims of the Owner's customers or like items of Loss or damage, and the Owner shall release the Program Manager therefrom.
Consequential Loss Etc. Notwithstanding anything to the contrary in these T&Cs, AUTOADDRESS shall not be liable to you by reason of any representation or warranty, condition or other term or any duty of common law, or under the express terms of these T&Cs, for any consequential, special, incidental or punitive loss or damage (whether for loss of current or future profits, loss of enterprise value or otherwise) and whether occasioned by its negligence of the respective parties, or that if its employees or agents or otherwise, even if advised of the possibility of such damages.
Consequential Loss Etc. 14.1 No member of the Seller Group shall have any liability under this Agreement or any other Transaction Document in respect of any punitive, special, indirect or consequential damages, loss of revenue or profit, any loss calculated as a multiple of reduced revenue, profit, or cash flow (or other measure of financial or operational performance), loss of contract or claim, loss of goodwill or loss of possible business after Closing, whether actual or prospective, and without prejudice to the generality of the foregoing, the terms Liabilities and Costs (when such terms are used to define the amount of any Claim, Tax Claim or Indemnity Claim) shall not include any such amount, revenues or measure of financial or operational performance, except with respect to Third Party Claims.
14.2 For the avoidance of doubt and without prejudice to Paragraph 13.2 or 14.1 of this Schedule 5, with respect to (i) any Claim arising out of any Third Party Claim against a ▇▇▇▇▇ Group member or (ii) any Indemnity Claim, ▇▇▇▇▇ shall be entitled to recover only the actual amount required to be paid (whether pursuant to settlement, court order or otherwise) by ▇▇▇▇▇ or the relevant ▇▇▇▇▇ Group member to third parties and, in respect of Environmental Indemnity Claims, any Costs of Remediation, and without prejudice to the generality of the foregoing, any Liabilities or Costs (when such terms are used to define the amount of any Claim or Indemnity Claim) shall not include any such amount.
Consequential Loss Etc. 106 The Seller shall not be liable whether in contract, tort or for breach of statutory duty or otherwise for any loss of profits, use, opportunity, goodwill, business or anticipated savings or for any indirect or consequential losses or for any third party claims in connection with this Agreement regardless of whether any such loss or claim was foreseeable or not and of whether or not the Seller was informed of the possibility of any such loss or claim. 107 Each limitation of liability set out in this Schedule 4 shall be separate and independent and save as expressly provided otherwise in this Agreement shall not be limited by reference to any other such limitation or any other provision of this Agreement.
Consequential Loss Etc. The Sellers shall not be liable in respect of a Claim for any indirect, consequential or special damages, or for loss of or anticipated loss of profit, loss of or anticipated loss of revenue or loss of other business opportunity or goodwill, provided that this shall not operate to exclude liability for any Losses which are direct, reasonably foreseeable by the parties at the date of this Agreement, or considered to flow naturally from the relevant breach, which may include diminution of value of the Sale Shares.