General Exclusion. Neither APM nor APM directors, officers, employees, or agents shall be liable for any losses, damages, costs or expenses, whether arising out of negligence, breach of contract, misrepresentation or otherwise, incurred or suffered by the Client under this Agreement (including any Transaction or where APM have declined to enter into a proposed Transaction) unless such loss is a reasonably foreseeable consequence and arises directly from APM or their respective gross negligence, wilful default or fraud. In no circumstance, shall APM have liability for losses suffered by the Client or any third party for any special or consequential damage, loss of profits, loss of goodwill or loss of business opportunity arising under or in connection with this Agreement, whether arising out of negligence, breach of contract, misrepresentation or otherwise. Nothing in this Agreement will limit APM liability for death or personal injury resulting from APM negligence.
Appears in 4 contracts
Samples: Retail Client Agreement, Limited Client Agreement, Limited Client Agreement
