Common use of Damages Clause in Contracts

Damages. Notwithstanding anything in this Agreement to the contrary, neither party shall be liable to the other for any incidental, indirect, special or consequential damages of any nature whatsoever, including, but not limited to, loss of anticipated profits, occasioned by a breach of any provision of this Agreement even if apprised of the possibility of such damages.

Appears in 123 contracts

Sources: Transfer Agency and Service Agreement (Ultra Aerospace Opportunities Inc.), Transfer Agency and Service Agreement (Ultra AI Opportunities Inc.), Transfer Agency and Service Agreement (RiverNorth Short Prime Unicorn Fund 2028, Inc)

Damages. Notwithstanding anything in this Agreement to the contrary, neither no party shall be liable to the any other for any incidental, indirect, special or consequential damages of any nature whatsoever, including, but not limited to, loss of anticipated profits, occasioned by a breach of any provision of this Agreement even if apprised of the possibility of such damages.

Appears in 20 contracts

Sources: Depositary and Information Agent Agreement (Tortoise Power & Energy Infrastructure Fund Inc), Depositary and Information Agent Agreement (Tortoise Energy Independence Fund, Inc.), Depositary and Information Agent Agreement (Tortoise Midstream Energy Fund, Inc.)

Damages. Notwithstanding anything in this Agreement to the contrary, neither party hereto shall be liable to the other for any incidental, indirect, special or consequential damages of any nature whatsoever, including, but not limited to, loss of anticipated profits, occasioned by a breach of any provision of this Agreement even if apprised of the possibility of such damages.

Appears in 6 contracts

Sources: Subscription Agent Agreement (ClearBridge Energy Midstream Opportunity Fund Inc.), Subscription Agent Agreement (LMP Capital & Income Fund Inc.), Subscription Agent Agreement (Western Asset Global High Income Fund Inc.)

Damages. Notwithstanding anything else to the contrary in this Agreement to the contraryAgreement, neither party Party shall be liable to the other Party for any loss of profits, business interruption, or incidental, indirectconsequential, special special, or consequential damages punitive damages, regardless of any nature whatsoever, including, but not limited to, loss of anticipated profits, occasioned by a breach of any provision of this Agreement even if apprised of the possibility of such damagesnegligence or fault.

Appears in 4 contracts

Sources: Farmout Agreement, Farmout Agreement, Farmout Agreement (ERHC Energy Inc)

Damages. Notwithstanding anything in this Agreement to the contrary, neither party shall will be liable responsible to the other party for any incidental, indirectconsequential, special lost profit, punitive or consequential exemplary damages of any nature whatsoever, including, but not limited to, loss of anticipated profits, occasioned by for a breach of any provision of this Agreement even if apprised of the possibility of such damagesAgreement.

Appears in 4 contracts

Sources: Gas Service Agreement (Atmos Energy Corp), Gas Service Agreement (Atmos Energy Corp), Gas Service Agreement (Atmos Energy Corp)

Damages. Notwithstanding anything to the contrary in this Agreement to the contraryAgreement, neither party shall be liable to the other for any incidentalconsequential, indirect, special exemplary or consequential damages of any nature whatsoever, including, but not limited to, loss of anticipated profits, occasioned by a breach of any provision of this Agreement even if apprised of the possibility of such punitive damages.

Appears in 4 contracts

Sources: Stock Purchase Agreement (Resonate Blends, Inc.), Stock Purchase Agreement (Resonate Blends, Inc.), Stock Purchase Agreement (Qpagos)

Damages. Notwithstanding anything set forth in this Agreement to the contrary, neither party shall be is liable to the other for any incidentalspecial, indirect, special punitive, or consequential damages of any nature whatsoever, including, but not limited to, loss of anticipated profits, occasioned by a breach of any provision of this Agreement even if apprised of the possibility of such damages.

Appears in 3 contracts

Sources: Real Estate Purchase Agreement, Agreement of Sale, Atm Placement Agreement

Damages. Notwithstanding anything in this Agreement to the contrary, neither party shall be liable to the other for any incidental, indirect, special or consequential damages of any nature whatsoever, including, but not limited to, loss of anticipated profits, occasioned by a breach of any provision of this Agreement even if apprised of the possibility of such damages. 8.

Appears in 3 contracts

Sources: Transfer Agency and Service Agreement (Fundrise Growth Tech Fund, LLC), Subscription Agent Agreement (Liberty All Star Growth Fund Inc.), Transfer Agency and Service Agreement (Fundrise Income Real Estate Fund, LLC)

Damages. Notwithstanding To the maximum extent permitted by applicable law and notwithstanding anything in this Agreement to the contrary, neither party shall be liable to the other for any incidental, indirect, special or consequential damages of any nature whatsoever, including, but not limited to, loss of anticipated profits, occasioned by a breach of any provision of this Agreement even if apprised of the possibility of such damages.

Appears in 1 contract

Sources: Transfer Agency and Service Agreement (Altaba Inc.)

Damages. Notwithstanding anything in this Agreement to the contrary, neither no party shall be liable to the other for any incidental, indirect, special or consequential damages of any nature whatsoever, including, but not limited to, loss of anticipated profits, occasioned by a breach of any provision of this Agreement even if apprised of the possibility of such damages.

Appears in 1 contract

Sources: Transfer Agency and Service Agreement (Jefferies Credit Partners BDC Inc.)

Damages. Notwithstanding anything in this Agreement stated herein to the contrary, neither party shall be liable to the other for any incidentalspecial, indirectconsequential, special indirect or consequential damages of any nature whatsoeverincident damages, including, including but not limited to, loss of anticipated profits, occasioned by a breach of any provision of to lost profits in connection with this Agreement even if apprised of the possibility of such damagesAgreement.

Appears in 1 contract

Sources: Administrative Services Agreement

Damages. Notwithstanding anything in this Agreement to the contrary, neither In no event shall either party shall be liable to the other (nor to any person claiming any right, title, or interest derived from, or as a successor to the Agreement) for any incidental, indirectconsequential, or special or consequential damages of any nature whatsoeverkind, includingincluding without limitation, but not limited tolost profits, or loss of anticipated profits, occasioned by a breach of any provision business arising out of this Agreement even if apprised irrespective of whether the parties have advance notice of the possibility of such damagesdamage; provided however, the foregoing limitation does not apply to the indemnification obligations described in this Agreement.

Appears in 1 contract

Sources: Capital Project Funding Agreement

Damages. Notwithstanding anything in this Agreement to the contrary, neither no party shall be liable to the any other party for any incidental, indirect, special or consequential damages of any nature whatsoever, including, but not limited to, loss of anticipated profits, occasioned by a breach of any provision of this Agreement even if apprised of the possibility of such damages.

Appears in 1 contract

Sources: Exchange Agent Agreement (CMB.TECH Nv)

Damages. Notwithstanding anything in this Agreement to the contrary, neither party shall be liable to the other for any incidental, indirect, special or consequential damages of any nature whatsoever, including, but not limited to, loss of anticipated profits, occasioned by a breach of any provision of this Agreement even if apprised of the possibility of such damages.. Subscription Agent Agreement – GAB Rights Offering (2021)

Appears in 1 contract

Sources: Subscription Agent Agreement (Gabelli Equity Trust Inc)

Damages. Notwithstanding anything in this Agreement to the contrary, neither party shall be liable to the other for any incidental, indirect, special or consequential damages of any nature whatsoever, including, but not limited to, loss of anticipated profits, occasioned by a breach of any provision of this Agreement even if apprised of the possibility of such damages. 13.

Appears in 1 contract

Sources: Subscription Agent Agreement (Royce Value Trust, Inc.)

Damages. Notwithstanding anything in the foregoing or any other provision of this Agreement to the contrary, neither party Party shall be liable bear any liability to the other under this Agreement for loss of business, loss of income or lost profits or any incidentalother indirect, indirectpunitive, special or consequential damages of any nature whatsoeverdamages, including, but not limited to, loss of anticipated profits, occasioned by a breach of any provision of this Agreement even if apprised such Party has been advised of the possibility of such damages.

Appears in 1 contract

Sources: Purchase and Sale Agreement

Damages. Notwithstanding anything in any provision of this Agreement to the contrary, neither party shall be liable to the other party for any special, incidental, indirect, special punitive or consequential damages costs, liabilities or damages, whether foreseeable or not, arising out of, or in connection with, such party's performance of any nature whatsoever, including, but not limited to, loss of anticipated profits, occasioned by a breach of any provision of its obligations under this Agreement even if apprised of the possibility of such damagesAgreement.

Appears in 1 contract

Sources: Agreement for Sale of Conduit (North American Datacom Inc)