General Intent. Subject to the liability 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
Sources: Master Services Agreement (Aci Worldwide, Inc.), Master Services Agreement (Aci Worldwide, Inc.), Technology Services Agreement (Phoenix Companies Inc/De)
General Intent. Subject to the liability restrictions belowspecific provisions of this Section 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
Sources: Production Services Agreement (Synchrony Financial), Production Services Agreement (Synchrony Financial)
General Intent. Subject to the liability restrictions belowspecific provisions of this Section, 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
Sources: Subcontract Agreement (Techforce Corp), Subcontract Agreement (Techforce Corp)
General Intent. Subject to the liability restrictions belowspecific provisions of this Section 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
Sources: Master Services Agreement (Marqeta, Inc.), Master Services Agreement (Marqeta, Inc.)
General Intent. Subject to the liability restrictions belowspecific provisions of this Section 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
Sources: Agreement for Services (Green Dot Corp), Agreement for Services (Green Dot Corp)
General Intent. Subject to the liability restrictions below, it (a) 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 Agreementthe Contract.
Appears in 1 contract
Sources: Contract for Snow and Ice Removal
General Intent. Subject to the liability restrictions belowspecific provisions of this LIABILITY Section, it is the intent of the Parties that each if a Party shall fails to perform its obligations in the manner required by the Agreement, that Party will be liable to the other Party for any actual damages suffered or incurred by the non-breaching other Party as a result of the breaching Party’s failure to perform its obligations in the manner required by this Agreementresult.
Appears in 1 contract
Sources: Program Implementation Agreement
General Intent. Subject to the liability restrictions belowspecific provisions and limitations of this Article XVII, 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
Sources: Master Outsourcing Services Agreement (Idearc Inc.)
General Intent. Subject to the liability restrictions belowspecific provisions of this Article, 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
Sources: Master Services Agreement for Finance & Accounting Services (Federal Mogul Corp)
General Intent. Subject to the liability 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 's failure to perform its obligations in the manner required by this Agreement.
Appears in 1 contract
Sources: Technology Services Agreement (Phoenix Companies Inc/De)
General Intent. Subject to the liability restrictions belowspecific provisions of this Article, 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
General Intent. Subject to the liability restrictions belowspecific provisions of this Liability section, it is the intent of the Parties parties that each Party shall party will 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
General Intent. Subject to the liability restrictions belowspecific provisions of this Article, 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
Sources: Processing Services Agreement (Transfirst Holdings Corp.)
General Intent. Subject to the limitations on liability restrictions belowset forth in this Section 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
Sources: Telecom Master Services Agreement (Inteliquent, Inc.)
General Intent. Subject to the liability restrictions belowspecific provisions of this Section 11 and Section 3.8(c), 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
Sources: Software License and Support Agreement (Wellchoice Inc)
General Intent. Subject to the liability restrictions belowspecific provisions of this Article, 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 liability restrictions belowspecific provisions of this Section 23.1 (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 damages suffered or incurred by the other Party as a result.
Appears in 1 contract