Excluded Losses. Losses that are reimbursable by the Seller hereunder shall not include any of the following:
Excluded Losses. The following losses will not be charged to the Collaboration Profit: (i) losses of a Party to the extent attributable to a breach of this Agreement by such Party, or (ii) losses subject to indemnification pursuant to Section 13.1 (Indemnity by BeiGene) or Section 13.2 (Indemnity by Amgen).
Excluded Losses. Notwithstanding anything to the contrary in this Agreement or otherwise, in no event shall any of the Buyer Indemnified Parties or the Seller Indemnified Parties be entitled under this Agreement (including Article X) or otherwise to recover from Seller, any Affiliate of Seller or any of the other Seller Subject Parties or Buyer, any Affiliate of Buyer or any of the other Buyer Subject Parties, as applicable, and Buyer, on behalf of each of the Buyer Indemnified Parties, and Seller, on behalf of each of the Seller Indemnified Parties, waive any right to recover any Excluded Losses. This Section 12.18 shall not restrict any Party’s rights under Section 11.2 or any Party’s right to obtain specific performance.
Excluded Losses. The weight or quantity of the Treated Goods printed on the Company’s tax invoice/delivery docket or on any other advice to the Customer shall be final unless the Customer gives written notice of any discrepancy in weight or quantity to the Company within seven days after taking delivery of the Treated Goods. If the Company receives notice of a discrepancy in weight or quantity from the Customer, the Customer must then give the Company a reasonable opportunity to inspect the Treated Goods in order to verify the loss before the Treated Goods are used, processed or sold by the Customer. The Customer at all times acknowledges and accepts that there shall be excluded losses of 3% of the original weight or quantity of the Goods as a result of the Treatment (being the industry norm for losses during Treatment).
Excluded Losses. Notwithstanding any other provision of Section 9.04, 9.05 or 9.06, no indemnity shall be payable pursuant to Section 9.04, 9.05 or 9.06, if such Loss or Income Inclusion results directly from any of the following events:
Excluded Losses. To the extent the law permits and notwithstanding any other term of this Agreement, each Party excludes all liability whatsoever to the other for indirect or consequential loss or damage of any kind, loss of business revenue, loss of profits, failure to realise expected profits or savings, overhead costs, loss of reputation and goodwill, loss of value in any intellectual property, damages for business interruption, damages or liquidated sums payable pursuant to other agreements or for lost opportunities (including opportunities to enter into or complete arrangements with third parties) and commercial or economic loss of any kind arising in contract, tort (including negligence) under any statute or otherwise arising out of or in any way connected with this Agreement.
Excluded Losses. As used in this Agreement, the term "Losses" shall exclude any consequential damages (including, without limitation, lost profits) or punitive or exemplary damages, except with respect to Third-Party Claims.
Excluded Losses. (A) Subject to Clause 8.3(B), neither Party shall have any liability under or in connection with this Agreement (whether as a result of a breach of contract, negligence or other tort, misrepresentation, breach of statutory duty, indemnity, termination or otherwise) in respect of: EXECUTION VERSION STRICTLY CONFIDENTIAL
Excluded Losses. Subject to Clause 22.2 , BUPA shall not be liable, whether in contract, tort (including, without limitation, negligence) or for breach of statutory duty or in any other way for any of the following losses or damage (whether or not such losses or damage were foreseen, direct, foreseeable, known or otherwise):
Excluded Losses. The indemnification obligations for Losses set forth in this Agreement shall in no case include incidental (xxxxx incidentales), consequential (xxxxx consecuenciales), special (xxxxx especiales), indirect (xxxxx indirectos) or punitive damages (xxxxx punitivos), all of which are hereby expressly and irrevocably waived by the parties hereto.
