Common use of Direct Damages Only Clause in Contracts

Direct Damages Only. Notwithstanding anything to the contrary in this Agreement, ScanTech's indemnification obligations under Section 3.4 shall be limited to direct damages actually incurred by Bay Point. Under no circumstances shall ScanTech be liable for any consequential, indirect, special, incidental, punitive, or exemplary damages, including, without limitation, lost profits, loss of business, or loss of goodwill, even if ScanTech has been advised of the possibility of such damages.

Direct Damages Only. Notwithstanding anything to the contrary in this Agreement, ScanTech's indemnification obligations under Section 3.4 shall be limited to direct damages actually incurred by Bay PointCatalytic. Under no circumstances shall ScanTech be liable for any consequential, indirect, special, incidental, punitive, or exemplary damages, including, without limitation, lost profits, loss of business, or loss of goodwill, even if ScanTech has been advised of the possibility of such damages.