Incidental or Consequential Damages Clause Samples
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Incidental or Consequential Damages. Neither the Advisor nor the Sub-Advisor shall be liable for any indirect, special, incidental or consequential damages or other losses (regardless of whether such damages or other losses were reasonably foreseeable). The Advisor shall indemnify the Sub-Advisor, its affiliates and its controlling persons (the “Advisor Indemnified Persons”), for any liability and expenses, including reasonable attorneys’ fees, howsoever arising from, or in connection with, the Advisor’s breach of this Agreement, or its representations and warranties herein, or as a direct result of the Advisor’s willful misfeasance, bad faith, negligence, reckless disregard of its duties hereunder, or violation of applicable law; provided, however, that the Advisor Indemnified Persons shall not be indemnified for any liability or expenses which may be sustained as a direct result of the Sub-Advisor’s willful misfeasance, bad faith, negligence, or reckless disregard of its duties hereunder.
Incidental or Consequential Damages. RIMAGE AND THE CUSTOMER AGREE TO HOLD THE OTHER HARMLESS FOR ANY CLAIMS, DAMAGES, LIABILITIES, ACTIONS, OR LOSSES FOR ANY PERSONAL INJURY, DEATH, OR LOSS OR OTHER DAMAGE TO PROPERTY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, MAINTENANCE SERVICE FOR THE COVERED SOLUTION AS DEFINED IN THIS AGREEMENT. RIMAGE SHALL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT COSTS, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR LOSS OF ACTUAL OR ANTICIPATED PROFITS, RESULTING FROM COVERED SOLUTION FAILURES AT THE CUSTOMER'S SITE. IN NO CASE SHALL RIMAGE BE RESPONSIBLE FOR DAMAGES IN EXCESS OF THE AMOUNT THE CUSTOMER PAYS FOR THIS MAINTENANCE AGREEMENT.
Incidental or Consequential Damages. NOTWITHSTANDING ANY OTHER PROVISION HEREIN, LESSOR SHALL NOT BE LIABLE TO LESSEE FOR (AND LESSEE SHALL RELEASE, PROTECT, DEFEND, INDEMNIFY AND HOLD LESSOR HARMLESS FROM AND AGAINST) ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSSES SUFFERED BY THE LESSEE OR ITS PARENT, AFFILIATES, SUBSIDIARIES AND SUBCONTRACTORS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, CUSTOMERS AND INVITEES, RESULTING FROM OR ARISING, DIRECTLY OR INDIRECTLY, OUT OF OR IN CONNECTION WITH THIS LEASE, THE ORDERS, THE WORK OR OPERATIONS HEREUNDER, INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOSS OF DATA, LOSS OF ASSETS (INCLUDING BUT NOT LIMITED TO LOSS OF OR DELAY IN PRODUCTION, OR LOSS OF SAMPLES), COST OF REDRILL, LOSS OF PROFIT, LOSS OF BUSINESS, OR BUSINESS INTERRUPTION OR DOWNTIME, AND ALL WITHOUT REGARD TO THE SOLE, JOINT, CONCURRENT, GROSS, ACTIVE OR PASSIVE NEGLIGENCE OR BREACH OF DUTY (STATUTORY OR OTHERWISE) OF ANY PARTY. IN THE EVENT THAT THIS PROVISION FAILS OF ITS ESSENTIAL PURPOSE, LESSOR’S LIABILITY HEREUNDER SHALL NOT EXCEED THE TOTAL OF ONE (1) MONTH’S WORTH OF THE LEASE PAYMENT HEREUNDER.
Incidental or Consequential Damages. UNDER NO CIRCUMSTANCES SHALL CARDINAL BE LIABLE TO OWNER OR ANY OTHER PERSON FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES INCLUD- ING, BUT NOT LIMITED TO, LOSS OF PROFITS OR DAMAGE TO OR LOSS OF USE OF THE INTERIOR OR EXTERIOR OF THE BUILDING OR THE PERSONAL PROPERTY LOCATED IN OR AROUND THE BUILDING, WHETHER ARISING OUT OF BREACH OF WARRANTY, BREACH OF CONTRACT OR UNDER ANY OTHER THEORY OF LAW.
Incidental or Consequential Damages. UNDER NO CIRCUMSTANCES SHALL CONTRACTOR BE LIABLE TO OWNER OR ANY OTHER PERSON FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR DAMAGE TO THE BUILDING OR ITS CONTENTS, WHETHER ARISING OUT OF BREACH OF WARRANTY, BREACH OF CONTRACT OR UNDER ANY OTHER THEORY OF LAW.
Incidental or Consequential Damages. Neither Purchaser nor Sellers shall be liable for any incidental or consequential Damages, except if such Damages are awarded in a third-party claim for which such Party has an indemnification obligation.
Incidental or Consequential Damages. BRIZO KITCHEN & BATH COMPANY SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LABOR CHARGES TO REPAIR, REPLACE, INSTALL OR REMOVE THIS PRODUCT), WHETHER ARISING OUT OF BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, TORT, OR OTHERWISE. BRIZO KITCHEN & BATH COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGE TO THE FAUCET RESULTING FROM REASONABLE WEAR AND TEAR, OUTDOOR USE, MISUSE (INCLUDING USE OF THE PRODUCT FOR AN UNINTENDED APPLICATION, FREEZING WATER, ABUSE, NEGLECT OR IMPROPER OR INCORRECTLY PERFORMED INSTAL- LATION, MAINTENANCE OR REPAIR, INCLUDING FAILURE TO FOLLOW THE APPLICABLE INSTALLATION, CARE AND CLEANING INSTRUCTIONS. Some
Incidental or Consequential Damages. It is expressly agreed that neither customer nor beyond shall be liable to the other party and its group for (and the parties shall release, protect, defend, indemnify and hold each other harmless from and against) any special, punitive, indirect, incidental or consequential damages or losses resulting from or arising, directly or indirectly, out of or in connection with the work or operations hereunder, including, without limitation, loss of use, loss of data, loss of assets (including but not limited to loss of or delay in production, or loss of samples), loss of profit, loss of business, or business interruption or downtime, and all without regard to the sole, joint, concurrent, gross, active or passive negligence or breach of duty (statutory or otherwise) of any party.
Incidental or Consequential Damages. The acceptance of the Proposal and Contract by the OWNER AND/OR GENERAL CONTRACTOR signifies his/her agreement that this warranty shall be and is the exclusive remedy against expressly agreed that in the event of any defects in the materials furnished pursuant to this Proposal and Contract, OWNER AND/OR GENERAL CONTRACTOR shall have recourse only against the manufacturer of such material. . warranty is simultaneously void aAnRdCaHllIToEf CATRUCRHAITLESCHEET METAL, if any, shall breesdpeoemnseidbinluitlyl /alniadbviloiitdyitfoOcWorNreEcRt,AsuNpDp/lOemReGnEt,NrEectify, fix, etc. any/all issue(s) as a result of such breach. All warranties/guarantees provided by in full.
Incidental or Consequential Damages. The Buyer will have ninety days after the date of delivery of Product to inspect the delivered Product and, if the results of such inspection by Buyer indicate that such delivered Product did not meet one or more of the Applicable Specifications for such Product (and its stated grade), to deliver a written notice to CPM stating that Buyer rejects such delivered Product to the extent it failed to meet an Applicable Specification for such Product (and its stated grade) and describing the basis for such rejection, including each Applicable Specification for such Product (and its stated grade) that Buyer asserts was not met, the inspection and tests performed by Buyer to make such determination and the results of such tests (the "Rejection Notice"). If Buyer does not deliver a Rejection Notice within 90 days after delivery of Product, the delivered Product shall be deemed conclusively (except to the extent expressly stated in the next succeeding paragraph) to have met the Applicable Specifications for such Product (and its stated grade) and shall be deemed accepted by Buyer. If Buyer delivers a Rejection Notice in accordance with this section, CPM and Buyer shall confer to resolve any questions CPM may have as to whether the Product which Buyer wishes to reject failed to meet one or more of the Applicable Specifications for such Product (and its stated grade). If requested by CPM, Buyer shall return to CPM, in accordance with CPM's instructions, Product which failed to meet one or more of the Applicable Specifications for such Product (and its stated grade).