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. 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. NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE PERFORMANCE OR NONPERFORMANCE OF THIS AGREEMENT EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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 Equipment 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 Equipment 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. No Purchaser Indemnified Party shall be entitled to indemnification under this ARTICLE XI for any incidental or consequential damages except and to the extent such damages are awarded in a Third-Party Claim for which the Shareholders have an indemnification obligation hereunder.
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).
Incidental or Consequential Damages. Notwithstanding anything to the contrary in this Agreement, neither Seller nor Buyer shall have any obligation to indemnify either the Buyer Group or the Seller Group, as the case may be, for incidental, consequential, exemplary, special or punitive damages or lost profits; provided that this Section 13.6 shall not apply to incidental, consequential, exemplary, special or punitive damages or lost profits that are components of judgment awards against a member of the Buyer Group or the Seller Group, as the case may be, in actions by third parties to the extent any such judgment award is subject to indemnification pursuant to Section 13.1 or Section 13.2, respectively.