General Intent. Subject to the specific provisions and limitations of this Article 18, it is the intent of the Parties that each Party shall be liable to the other Party for any actual damages incurred by the non-breaching Party as a result of the breaching Party’s failure to perform its obligations in the manner required by this Agreement.
Appears in 8 contracts
Samples: Companion Agreement (Hercules Inc), Professional Services Agreement (Allegheny Energy, Inc), Master Professional Services Agreement (Accretive Health, Inc.)
General Intent. Subject to the specific provisions and limitations of this Article 1810, it is the intent of the Parties that each Party shall be liable to the other Party for any actual damages incurred by the non-breaching Party as a result of the breaching Party’s 's failure to perform its obligations in the manner required by this Agreement.
Appears in 6 contracts
Samples: Iru Agreement (Winstar Communications Inc), Iru Agreement (Winstar Communications Inc), Iru Agreement (Williams Communications Group Inc)
General Intent. Subject to the specific provisions and limitations of this Article 1816, it is the intent of the Parties that each Party party shall be liable to the other Party party for any actual damages incurred by the non-breaching Party party as a result of the breaching Party’s party's failure to perform its obligations in the manner required by this Agreement.
Appears in 5 contracts
Samples: Iru Agreement (Winstar Communications Inc), Iru Agreement (Winstar Communications Inc), Iru Agreement (Williams Communications Group Inc)
General Intent. Subject to the specific provisions and limitations of this Article 1818 and, to the extent allowed by applicable Laws (including the constitution of the State), it is the intent of the Parties that each Party shall be liable to the other Party for any actual damages incurred by the non-breaching Party as a result of the breaching Party’s 's failure to perform its obligations in the manner required by this Agreement.
Appears in 5 contracts
Samples: Master Services Agreement, Master Services Agreement, Master Services Agreement
General Intent. Subject to the specific provisions and limitations of this Article 18liability restrictions below, it is the intent of the Parties that each Party shall be liable to the other Party for any actual damages incurred by the non-breaching Party as a result of the breaching Party’s failure to perform its obligations in the manner required by this Agreement.
Appears in 4 contracts
Samples: Master Services Agreement (Aci Worldwide, Inc.), Master Services Agreement (Aci Worldwide, Inc.), Technology Services Agreement (Phoenix Companies Inc/De)
General Intent. Subject to the specific provisions and limitations of this Article 18, it is the intent of the Parties that each Party shall be liable to the other Party for any actual damages incurred by the non-breaching Party as a result of the breaching Party’s failure to perform its obligations in the manner required by this Agreement.
Appears in 4 contracts
Samples: Remote Resourcing Agreement (Healthaxis Inc), Master Professional Services Agreement (Abm Industries Inc /De/), Technology Services Agreement (Ace LTD)
General Intent. Subject to the specific provisions and limitations of this Article 1814, it is the intent of the Parties that each Party shall be liable to the other Party for any actual damages incurred by the non-breaching Party as a result of the breaching Party’s 's failure to perform its obligations in the manner required by this Maintenance Agreement.
Appears in 4 contracts
Samples: Pledge Agreement (Pathnet Inc), Maintenance Services Agreement (Pathnet Inc), Maintenance and Provisioning Services Agreement (Pathnet Inc)
General Intent. Subject to the specific provisions and limitations of this Article 1816, it is the intent of the Parties that each Party shall be liable to the other Party for any actual damages incurred by the non-breaching Party as a result of the breaching Party’s 's failure to perform its obligations in the manner required by this Agreement.
Appears in 3 contracts
Samples: Supply Agreement (Winstar Communications Inc), Supply Agreement (Winstar Communications Inc), Supply Agreement (Winstar Communications Inc)
General Intent. Subject to the specific provisions and limitations of this Article 1817, it is the intent of the Parties parties that each Party party shall be liable to the other Party party for any actual damages incurred by the non-breaching Party party as a result of the breaching Partyparty’s failure to perform its obligations in the manner required by this Agreement.
Appears in 3 contracts
Samples: Services Agreement (Capital One Financial Corp), Services Agreement (Capital One Auto Receivables LLC), Services Agreement (Capital One Funding, LLC)
General Intent. Subject to the specific provisions and limitations of this Article 1817, and to the extent allowed by applicable Laws, it is the intent of the Parties that each Party shall be liable to the other Party for any actual damages incurred by the non-breaching Party as a result of the breaching Party’s failure to perform its obligations in the manner required by this Agreement.
Appears in 3 contracts
Samples: Master Services Agreement, Master Services Agreement, Master Services Agreement
General Intent. Subject to the specific provisions and limitations of this Article 1820, it is the intent of the Parties parties that each Party party shall be liable to the other Party party for any actual damages incurred by the non-breaching Party party as a result of the breaching Partyparty’s failure to perform its obligations in the manner required by this Agreement.
Appears in 3 contracts
Samples: Global Master Services Agreement (Dun & Bradstreet Corp/Nw), Global Master Services Agreement (Dun & Bradstreet Corp/Nw), Global Master Services Agreement (Dun & Bradstreet Corp/Nw)
General Intent. Subject to the specific provisions and limitations of this Article 18Section 15, it is the intent of the Parties that each Party shall be liable to the other Party for any actual and direct damages incurred by the non-breaching such other Party as a result of the breaching Party’s failure to perform its obligations in the manner required by this Agreement.
Appears in 2 contracts
Samples: Services Agreement (Green Dot Corp), Services Agreement (Green Dot Corp)
General Intent. Subject to the specific provisions and limitations of this Article 1819, it is the intent of the Parties that each Party shall be liable to the other Party for any actual damages incurred by the non-breaching Party as a result of the breaching Party’s failure to perform its obligations in the manner required by this Agreement.
Appears in 2 contracts
Samples: Technology Sourcing Agreement (Synchrony Financial), Technology Sourcing Agreement (Synchrony Financial)
General Intent. Subject to the specific provisions and limitations of this Article 1819, it is the intent of the Parties that each Party shall be liable to the other Party for any actual damages incurred by the non-breaching Party as a result of the breaching Party’s 's failure to perform its obligations in the manner required by this Agreement.
Appears in 2 contracts
Samples: Master Services Agreement (Wellchoice Inc), Master Services Agreement (Wellchoice Inc)
General Intent. Subject to the specific provisions and limitations of this Article 18Section 14, it is the intent of the Parties that each Party shall be liable to the other Party for any actual direct damages incurred by the non-breaching such other Party as a result of the breaching Party’s failure to perform its obligations in the manner required by this Agreement.
Appears in 2 contracts
Samples: Master Services Agreement (Marqeta, Inc.), Master Services Agreement (Marqeta, Inc.)
General Intent. Subject to the specific provisions and limitations of this Article 1821, it is the intent of the Parties that each Party shall be liable to the other Party for any actual damages incurred by the non-breaching Party as a result of the breaching Party’s 's failure to perform its obligations in the manner required by this Agreement.
Appears in 2 contracts
Samples: Purchase Agreement (Viasat Inc), And Purchase Agreement (Viasat Inc)
General Intent. Subject to the specific provisions and limitations of this Article 1820, it is the intent of the Parties that each Party shall be liable to the other Party for any actual damages incurred by the non-breaching Party as a result of the breaching Party’s 's failure to perform its obligations in the manner required by this Agreement.
Appears in 2 contracts
Samples: Iv Agreement for Outsourcing Services (North American Van Lines Inc /De), Services Agreement (Synchrony Financial)
General Intent. Subject to the specific provisions and limitations of this Article 18Section 24 (Liability), it is the intent of the Parties that each if a Party shall be liable to the other Party for any actual damages incurred by the non-breaching Party as a result of the breaching Party’s failure fails to perform its obligations in the manner required by this Agreement, that Party will be liable to the other Party for any actual damages suffered or incurred by the other Party as a result.
Appears in 2 contracts
Samples: Master Services Agreement (Health Net Inc), Master Services Agreement (Triple-S Management Corp)
General Intent. Subject to the specific provisions and limitations of this Article 1818 and, to the extent allowed by applicable Laws (including the constitution of the State), it is the intent of the Parties that each Party shall be liable to the other Party for any actual damages incurred by the non-breaching Party as a result of the breaching Party’s 's failure to perform its obligations in the manner required by this Agreement.
Appears in 2 contracts
Samples: Master Services Agreement, Master Services Agreement
General Intent. Subject to the specific provisions and limitations of this Article 18Section 16, it is the intent of the Parties that each Party shall be liable to the other Party for any actual damages incurred by the non-breaching Party as a result of the breaching Party’s failure to perform its obligations in the manner required by this Agreement.
Appears in 2 contracts
Samples: Production Services Agreement (Synchrony Financial), Production Services Agreement (Synchrony Financial)
General Intent. Subject to the specific provisions and limitations of this Article 18Section, it is the intent of the Parties that each Party shall will be liable to the other Party for any actual damages (including equitable remedies) incurred by the non-breaching Party as a result of the breaching Party’s 's failure to perform its obligations in the manner required by this Agreement.
Appears in 2 contracts
Samples: Master Subcontract Agreement (Techforce Corp), Master Subcontract Agreement (Techforce Corp)
General Intent. Subject to the specific provisions and limitations of this Article 1822 (Liability), it is the intent of the Parties that each Party shall be liable to the other Party for any actual damages incurred by the non-breaching Party as a result of the breaching Party’s 's failure to perform its obligations in the manner required by this AgreementContract.
Appears in 1 contract
General Intent. Subject to the specific provisions and limitations of this Article 18Article, it is the intent of the Parties that each Party shall be liable to the other Party only for any actual direct damages incurred by the non-breaching Party as a result of the breaching Party’s failure to perform its obligations in the manner required by this Master Services Agreement.
Appears in 1 contract
Samples: Oss Master Services Agreement (Vonage Holdings Corp)
General Intent. Subject to the specific provisions and limitations of this Article 1819, it is the intent of the Parties that each Party shall be liable to the other Party for any actual damages incurred by the non-breaching Party as a result of the breaching Party’s 's failure to perform its obligations in the manner required by this the Agreement.
Appears in 1 contract
Samples: Services Agreement (Morgan Stanley Dean Witter & Co)
General Intent. Subject to the specific provisions and limitations of this Article 18, it is the intent of the Parties that each Party shall be liable to the other Party for any actual damages incurred by the non-breaching Party as a result of the breaching Party’s 's failure to perform its obligations in the manner required by this Agreement.
Appears in 1 contract
Samples: Information Technology Services Agreement (Provident American Corp)
General Intent. Subject to the specific provisions and limitations of this Article 18, it is the intent of the Parties that each Party shall be liable to the other Party for any actual damages incurred by the non-breaching Party as a result of the breaching Party’s unexcused failure to perform its obligations in the manner required by this Agreement.
Appears in 1 contract
General Intent. Subject to the specific provisions and limitations of this Article 1820, it is the intent of the Parties that each Party shall be liable to the other Party for any actual damages incurred by the non-breaching Party as a result of the breaching Party’s failure to perform its obligations in the manner required by this Agreement.
Appears in 1 contract
General Intent. Subject to the specific provisions and limitations of this Article 18Article, it is the intent of the Parties that each Party shall be liable to the other Party for any actual damages incurred by the non-breaching Party as a result of the breaching Party’s failure to perform its obligations in the manner required by this AgreementMaster Agreement or the applicable Country Agreements. Each Party shall have a duty to mitigate damages for which the other Party is responsible.
Appears in 1 contract
General Intent. Subject to the specific provisions and limitations of this Article ARTICLE 18, it is the intent of the Parties that each Party shall be liable to the other Party for any actual damages incurred by the non-breaching Party as a result of the breaching Party’s 's failure to perform its obligations in the manner required by this Agreement.
Appears in 1 contract
Samples: Technology Services Agreement (Uici)
General Intent. Subject to the specific provisions and limitations of this Article 18Clause 22 and any countervailing provisions in this Agreement, it is the intent of the Parties that each Party shall will be liable to the other Party for any actual damages incurred by the non-breaching such Party as a result of the breaching other Party’s failure to perform its obligations in the manner required by this Agreement.
Appears in 1 contract
Samples: Detection Solutions Agreement
General Intent. Subject to the specific provisions and limitations of this Article 18Article, it is the intent of the Parties that each Party shall be liable to the other Party for any actual direct damages incurred by the non-breaching such other Party as a result of the breaching Party’s failure to perform its obligations in the manner required by this Agreement. Any payments made to a Party under the indemnification of third party claims, as set forth in Article 16, are deemed direct damages to such Party.
Appears in 1 contract
Samples: Processing Services Agreement (Transfirst Holdings Corp.)
General Intent. Subject to the specific provisions and limitations of this Article 18Article, it is the intent of the Parties that each Party shall be liable to the other Party for any actual damages incurred by the non-breaching Party as a result of the breaching Party’s failure to perform its obligations in the manner required by this Agreement.
Appears in 1 contract
General Intent. Subject to the specific provisions and limitations of on liability set forth in this Article 18Section 19 (Liability), it is the intent of the Parties that each Party shall will be liable to the other Party for any actual all direct damages incurred by the non-breaching Party as a result of the breaching Party’s failure to perform its obligations in the manner required by under this Agreement.
Appears in 1 contract
General Intent. Subject to the specific provisions and limitations of this Article 18, it is the intent of the Parties that each Party shall be liable to the other Party for any actual damages incurred by the non-non- breaching Party as a result of the breaching Party’s failure to perform its obligations in the manner required by this Agreement.. 18.2
Appears in 1 contract
Samples: Master Professional Services Agreement (Accretive Health, Inc.)
General Intent. Subject to the specific provisions and limitations of this Article 18Section 17, it is the intent of the Parties parties that each Party party shall be liable to the other Party party for any actual damages incurred by the non-breaching Party party as a result of the breaching Partyparty’s failure to perform its obligations in the manner required by this Agreement.
Appears in 1 contract
Samples: Processing Services Agreement (Capital One Financial Corp)
General Intent. Subject to the specific provisions and limitations of this Article 18XVII, it is the intent of the Parties that each Party shall be liable to the other Party for any actual damages incurred by the non-breaching Party as a result of the breaching Party’s failure to perform its obligations in the manner required by this the Agreement.
Appears in 1 contract
Samples: Master Outsourcing Services Agreement (Idearc Inc.)
General Intent. Subject to the specific provisions and limitations of this Article ARTICLE 18, it is the intent of the Parties that each Party shall be liable to the other Party for any actual damages incurred by the non-breaching Party as a result of the breaching Party’s 's failure to perform its obligations in the manner required by this Agreement.
Appears in 1 contract
Samples: Master Professional Services Agreement (Williams Companies Inc)
General Intent. Subject to the specific provisions and limitations of this Article 18, it is the intent ---------- of the Parties that each Party shall be liable to the other Party for any actual damages incurred by the non-breaching Party as a result of the breaching Party’s 's failure to perform its obligations in the manner required by this Agreement.
Appears in 1 contract
Samples: Information Technology Services Agreement (Ace LTD)
General Intent. Subject to the specific provisions and limitations of this Article 1819, it is the intent of the Parties that each Party shall be liable to the other Party for any actual damages Losses incurred by the non-breaching Party as a result of the breaching Party’s failure to perform its obligations in the manner required by this Agreement.
Appears in 1 contract
Samples: Master Information Technology Services Agreement (Invacare Corp)
General Intent. Subject to the specific provisions and limitations of this Article 1811, it is the intent of the Parties that each Party shall be liable to the other Party only for any actual direct damages incurred by the non-breaching Party as a result of the breaching Party’s 's failure to perform its obligations in the manner required by this Agreementthe Transaction Documents.
Appears in 1 contract
Samples: Master Agreement (Wam Net Inc)
