Common use of Consequential Loss Clause in Contracts

Consequential Loss. Notwithstanding any provision of this Agreement to the contrary, no party to this Agreement shall in any event be liable for special, indirect, punitive or consequential loss or damage of any kind whatsoever (including but not limited to loss of profits), whether or not foreseeable, even if the relevant party has been advised of the likelihood of such loss or damage and regardless of whether the claim for loss or damage is made in negligence or otherwise.

Appears in 3 contracts

Samples: Issue and Paying Agency Agreement, Issue and Paying Agency Agreement, Issue and Paying Agency Agreement

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Consequential Loss. Notwithstanding any other provision of this Agreement Agreement, neither Party shall be liable to the contrary, no party to other under this Agreement shall in for any event be liable for special, indirect, punitive indirect or consequential loss loss, or damage of any kind whatsoever (special damages howsoever arising, including but not limited to to, loss of profits)revenue, or profit, and whether or not foreseeablecaused by the other’s negligence, even if the relevant party has been advised of the likelihood of save and except where such consequential loss or damage and regardless of whether the claim for loss or damage is made in negligence or otherwise.due to:

Appears in 2 contracts

Samples: Agreement (Global Energy, Inc.), Agreement (Global Energy, Inc.)

Consequential Loss. Notwithstanding any provision of this Agreement to the contraryforegoing, no party to this Authorised Participant Agreement shall in any event be liable to any other party for any consequential, special, indirect, punitive indirect or consequential speculative loss or damage of any kind whatsoever damages (including but not limited to loss of profits), profits or loss of opportunity) howsoever caused and whether or not foreseeable, even if the relevant party has been advised of the likelihood of such loss or damage and regardless of whether the claim for loss or damage is made in negligence or otherwise.

Appears in 2 contracts

Samples: Participant Agreement, Authorised Participant Agreement

Consequential Loss. Notwithstanding any other provision of this Agreement to the contrary, no party to this Agreement shall in any event Party will be liable to the other for specialany loss of profit, loss of business opportunity or goodwill, any claims for indirect, special or punitive damages, third party claims or any indirect or consequential loss or damage whether arising in contract or tort (including negligence or breach of any kind whatsoever (including but not limited statutory duty) howsoever arising in respect of any circumstances under or in relation to loss of profits), whether this Agreement or not foreseeable, even if the relevant party has been advised of the likelihood of such loss or damage and regardless of whether the claim for loss or damage is made in negligence or otherwiseSale Assets.

Appears in 1 contract

Samples: Agreement for Sale and Purchase (Swift Energy Co)

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Consequential Loss. Notwithstanding any provision of this Agreement to the contrary, no party to this Agreement shall in any event be liable for special, indirect, punitive or consequential loss or damage of any kind whatsoever (including but not limited to loss of lost profits), whether or not foreseeable, even if the relevant party has been advised of the likelihood of such loss or damage and regardless of whether the claim for loss or damage is made in negligence or otherwise.

Appears in 1 contract

Samples: Issue and Paying Agency Agreement

Consequential Loss. Notwithstanding any provision of this Agreement Despite anything to the contrarycontrary in this Agreement, no party to this Agreement shall in any event be liable to the other for specialthe other's Consequential Loss, indirect, punitive or consequential loss or damage of provided that in no circumstances shall Consequential Loss include any kind whatsoever express obligation to make payment (including but not limited the payment of costs and damages) or any express obligation to loss of profits), whether or not foreseeable, even if the relevant party has been advised provide an indemnity under any of the likelihood other provisions of such loss or damage and regardless of whether the claim for loss or damage is made in negligence or otherwisethis Agreement.

Appears in 1 contract

Samples: Draft Implementation Agreement

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