IN NO EVENT AND UNDER Clause Samples
The "IN NO EVENT AND UNDER" clause serves to limit or exclude a party's liability under specific circumstances within a contract. Typically, this clause specifies that, regardless of the situation or the nature of the claim—such as breach of contract, negligence, or other legal theories—the party will not be held responsible for certain types of damages, like indirect, incidental, or consequential losses. Its core practical function is to protect parties from excessive or unforeseen liability, thereby allocating risk and providing certainty regarding potential financial exposure.
POPULAR SAMPLE Copied 1 times
IN NO EVENT AND UNDER. NO CIRCUMSTANCES SHALL EITHER PARTY TO THIS AGREEMENT BE LIABLE TO ANYONE, INCLUDING, WITHOUT LIMITATION TO THE OTHER PARTY, FOR PUNITIVE, CONSEQUENTIAL, INDIRECT, OR OTHER SPECIAL DAMAGES OR FOR ANY ACT OR FAILURE TO ACT, IN EACH CASE, IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT EVEN IF, IN EACH CASE, ADVISED OF THE POSSIBILITY THEREOF.
IN NO EVENT AND UNDER. NO CIRCUMSTANCES SHALL EITHER PARTY TO THIS AGREEMENT BE LIABLE TO ANYONE, INCLUDING, WITHOUT LIMITATION TO THE OTHER PARTY, FOR CONSEQUENTIAL DAMAGES FOR ANY ACT OR FAILURE TO ACT UNDER ANY PROVISION OF THIS AGREEMENT EVEN IF ADVISED OF THE POSSIBILITY THEREOF. In this regard, each party acknowledges that where the other party is found liable to a third party in an action where the third party wins a judgment that includes an award of consequential damages against such other party, all damages paid by the other party to such third party is direct damages to the other party and not “consequential damages” as used in this Section.
IN NO EVENT AND UNDER. NO CIRCUMSTANCES SHALL ESOBI AND/OR ITS RESELLER(S) BE LIABLE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY INCLUDING NEGLIGENCE, TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, AND DAMAGES FOR LOSS OF BUSINESS REVENUES AND PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, COMPUTER FAILURE OR MALFUNCTION, LOSS OF REPUTATION, OR ANY AND ALL OTHER TANGIBLE OR INTANGIBLE LOSSES ARISING FROM THE USE OF OR THE INABILITY TO USE THE SOFTWARE, EVEN IF ESOBI AND/OR ITS RESELLER(S) HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF. IN NO CASE SHALL ESOBI OR ITS RESELLER(S)’ TOTAL LIABILITY EXCEED THE PURCHASE PRICE YOU PAID FOR THE SOFTWARE.
IN NO EVENT AND UNDER. NO CIRCUMSTANCES SHALL EITHER OF THE PARTIES HERETO HAVE ANY LIABILITY TO ANY PERSON, INCLUDING WITHOUT LIMITATION THE OTHER PARTY, WITH RESPECT TO THIS AGREEMENT OR SUCH PARTY'S OBLIGATIONS UNDER THIS AGREEMENT, FOR ANY PUNITIVE, CONSEQUENTIAL, EXEMPLARY, INDIRECT, LOSS OF PROFITS OR OTHER SPECIAL DAMAGES RESULTING FROM OR ARISING OUT OF OR DEFAULT IN THE PERFORMANCE OF THEIR RESPECTIVE OBLIGATIONS OR ANY ACT OR FAILURE TO ACT OR BREACH OF ANY REPRESENTATION OR WARRANTY HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. Any amounts Continuum is required to pay as damages to a Continuum Customer which resulted from a breach by DST of this Agreement shall be considered direct and not indirect damages to Continuum.