Excluded Damages Sample Clauses
The Excluded Damages clause defines specific types of damages that one or both parties cannot claim from each other under the contract. Typically, this clause excludes indirect, consequential, incidental, or special damages, such as lost profits or loss of business opportunities, even if such losses arise from a breach of contract. By clearly outlining which damages are not recoverable, the clause limits the financial exposure of the parties and helps prevent disputes over liability for unforeseeable or disproportionate losses.
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Excluded Damages. Except with regard to breaches of Article 7 (Confidential Information), IN NO EVENT WILL RALLY BE LIABLE FOR LOST PROFITS OR LOSS OF BUSINESS OR FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT.
Excluded Damages. IN NO EVENT WILL EITHER PARTY OR ITS AFFILIATES OR ITS OR THEIR SUPPLIERS BE LIABLE FOR (1) INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES;
Excluded Damages. In no event shall any Party or such Party’s affiliates, or any of its or their respective officers, directors, employees, agents or representatives, be liable for any special, punitive, exemplary, consequential, incidental or indirect Damages, or any Damages based on lost profits (except for claims of Intellectual Property infringement, dilution or misappropriation), in each case whether based on contract, tort, strict liability, other Law or otherwise, including if such Damages are payable to a Third Party.
Excluded Damages. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL EITHER PARTY OR ITS AFFILIATES BE LIABLE FOR (1) INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, REPUTATIONAL, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND; (2) COSTS OF PROCUREMENT, COVER, OR SUBSTITUTE GOODS OR SERVICES; (3) LOSS OF USE, LOSS OR CORRUPTION OF DATA; OR (4) LOSS OF BUSINESS OPPORTUNITIES, PROFITS, GOODWILL, OR SAVINGS, WHETHER IN ANY OF THE FOREGOING, ARISING UNDER CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR ANY OTHER THEORY OF LIABILITY, EVEN IF SUCH PARTY HAS BEEN INFORMED IN ADVANCE OF SUCH DAMAGES OR SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN. NEITHER PARTY WILL BE LIABLE FOR ACTIONS REASONABLY TAKEN TO COMPLY WITH LAW.
Excluded Damages. To the extent permitted by Law, neither ServiceNow nor Customer will be liable to the other or any third party for lost profits (direct or indirect), for loss of use or data, or for any incidental, consequential, punitive, special, or exemplary damages (including damage to business, reputation or goodwill), or indirect damages of any type however caused, whether by breach of warranty, breach of contract, in tort (including negligence), or any other legal or equitable cause of action, even if such party has been advised of such damages in advance or if such damages were foreseeable.
Excluded Damages. Notwithstanding anything to the contrary in the Agreement, including Section 7.2 (Damages Cap) thereof, no limitation of liability shall apply to Customer’s obligations under this Section 5.
Excluded Damages. IN NO EVENT WILL EITHER PARTY TOGETHER WITH ITS AFFILIATES (OR OKTA’S THIRD PARTY LICENSORS) BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY FOR ERROR OR INTERRUPTION OF USE, LOSS OR INACCURACY OR CORRUPTION OF DATA, COVER, LOST PROFITS OR REVENUES, OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER OR NOT A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH HEREIN, THE FOREGOING EXCLUSIONS OF LIABILITY IN SECTIONS 8.1(a) AND (b), AND THIS SECTION 8.2 WILL NOT LIMIT CUSTOMER’S, AND CUSTOMER’S AFFILIATES’, PAYMENT OBLIGATIONS UNDER THE ‘FEES’ SECTION ABOVE AND WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
Excluded Damages. To the extent permitted by Law, neither ServiceNow nor Customer will be liable to the other or any third party for lost profits (direct or indirect) or loss of use or data or for any incidental, other consequential, punitive, special, or exemplary damages (including damage to business, reputation, or goodwill), or indirect damages of any type however caused, whether by breach of warranty, breach of contract, in tort (including negligence), or any other legal or equitable cause of action, even if such party has been advised of such damages in advance or if such damages were foreseeable. The foregoing exclusions shall not apply to:
(a) payments to a third party arising from a party’s obligations under Section 7 (Indemnification); and (b) infringement by a party of the other party’s Intellectual Property Rights.
Excluded Damages. IN NO EVENT SHALL MSP OR ELASTIC, OR THEIR RESPECTIVE AFFILIATES, BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA, COST OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY PUNITIVE, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH OR ARISING OUT OF THE PERFORMANCE OF OR FAILURE TO PERFORM THIS AGREEMENT, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Excluded Damages. EXCEPT WITH RESPECT TO DAMAGES CAUSED BY GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EITHER PARTY OR ITS AFFILIATES BE LIABLE TO THE OTHER UNDER THIS AGREEMENT OR ANY ORDER FORM FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, COVER, BUSINESS INTERRUPTION, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND OR NATURE, OR COSTS LINKED TO THE PERFORMANCE BY A THIRD PARTY OF THE OTHER PARTY’S OBLIGATION UNDER THIS AGREEMENT, OR FOR ANY LOSS OF USE, PROFITS, REVENUE OR GOODWILL, WHETHER AN ACTION IS BASED IN CONTRACT, TORT OR OTHERWISE, REGARDLESS OF WHETHER EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.