INDIRECT AND CONSEQUENTIAL DAMAGES. Neither party shall be liable to the other for any indirect, incidental or consequential losses or damages of any type or for loss of profit, loss of use, loss of business, or loss of financial advantage unless such loss or damage is due to the gross negligence or willful misconduct of such party or its supplier(s).
INDIRECT AND CONSEQUENTIAL DAMAGES. OT shall not be liable for consequential and indirect damages, except where required under sections 10.1, 10.2 or 10.3.
INDIRECT AND CONSEQUENTIAL DAMAGES. Except in the case of fraud, no Party shall be liable to any other Party, nor any successor in interest or beneficiary or assignee of this Agreement, for any consequential, incidental, indirect, special or punitive damages arising out of this Agreement or any breach thereof (it being understood that amounts owing or alleged to be owing by a Person to a Third Party on account of Claims by Third Parties constitute actual damages to that Person regardless of whether the Third Party’s Claim for that amount includes consequential, incidental, indirect, special or punitive damages); provided that consequential, incidental, indirect, special or punitive damages shall not include direct financial loss suffered by a Party or an Indemnified Party, including diminution of value and loss of profits, and direct financial loss and loss of profits shall be recoverable except where restricted by principles of remoteness under Applicable Law. In the case of fraud, the limitations on indemnification (including as to duration and amount) set forth in Sections 5.3 and 5.4 shall not apply to any claim for indemnification pursuant to this Article 5.
INDIRECT AND CONSEQUENTIAL DAMAGES. EXCEPT FOR EACH PARTY’S INDEMNIFICATION OBLIGATIONS OR A PARTY’S BREACH OF THEIR CONFIDENTIALITY OBLIGATIONS, EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER PARTY NOR COMPANY’S LICENSORS SHALL HAVE ANY LIABILITY TO THE OTHER PARTY OR ANY OTHER THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, LOSS OF USE OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING IN ANY WAY OUT OF THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED THEREBY, UNDER ANY CAUSE OF ACTION OR THEORY OF LIABILITY, AND IRRESPECTIVE OF WHETHER SUCH PARTY HAD ADVANCE NOTICE OF THE POSSIBILITY OF SUCH DAMAGES.
INDIRECT AND CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCLUDING YOUR INTENTIONAL OR WILLFUL AND WANTON BREACH OF SECTIONS 2 OR 6, IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THESE TERMS, THE SERVICES PROVIDED, OR THE USE OF OR INABILITY TO USE THE SERVICES INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOST PROFITS, LOSS OF DATA, COMPUTER FAILURE OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES EVEN IF ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
INDIRECT AND CONSEQUENTIAL DAMAGES. Prior to entering the Property, WaterSignal shall obtain and subsequently maintain in full force and effect throughout the duration of this Agreement, property and liability insurance in an amount not less than One Million and No/100 Dollars ($1,000,000.00). WaterSignal shall have no responsibility for indirect, incidental, consequential, special or other damages related to installation, maintenance or monitoring of its systems.
INDIRECT AND CONSEQUENTIAL DAMAGES to the maximum extent permitted by applicable law, excluding the indemnification obligations in section 9 or claims, liabilities or losses arising from fraud or intentional misconduct, in no event will either party be liable for any indirect, special, incidental, consequential or exemplary damages arising out of or in any way relating to these terms, the services provided, or the use of or inability to use the services including, without limitation, damages for loss of goodwill, work stoppage, lost profits, loss of data, computer failure or any and all other commercial damages or losses even if advised of the possibility thereof and regardless of the legal or equitable theory (contract, tort, strict liability or otherwise) upon which the claim is based.
INDIRECT AND CONSEQUENTIAL DAMAGES. NEITHER PARTY SHALL HAVE ANY LIABILITY TO THE OTHER OR TO ANY OTHER THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, LOSS OF USE OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING IN ANY WAY OUT OF THIS AGREEMENT OR THE USE OF THE LICENSED SOFTWARE, UNDER ANY CAUSE OF ACTION OR THEORY OF LIABILITY, AND IRRESPECTIVE OF WHETHER SUCH PARTY HAD ADVANCE NOTICE OF THE POSSIBILITY OF SUCH DAMAGES. Direct Damages. IN NO EVENT WILL EITHER PARTY’S TOTAL LIABILITY FOR ANY CLAIMS OR CAUSES OF ACTION ARISING OUT OF THIS AGREEMENT OR THE USE OF THE LICENSED SOFTWARE, UNDER ANY CAUSE OF ACTION OR THEORY OF LIABILITY, EXCEED FIFTY THOUSAND US DOLLARS ($50,000 US). Failure of Essential Purpose. THE LIMITATIONS SET FORTH ABOVE SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
INDIRECT AND CONSEQUENTIAL DAMAGES. 13.1 Notwithstanding any provision of this Subcontract to the contrary, neither WINTER XXXXXXX nor Subcontractor shall be liable to the other for indirect or consequential damages incurred by the other which arise from or relate to this Subcontract, the Work or the Project. Nothing herein shall be construed to limit Subcontractor’s liability to WINTER XXXXXXX for liquidated damages assessed by the Owner for which Subcontractor is responsible.
INDIRECT AND CONSEQUENTIAL DAMAGES. Liability for indirect and consequential damages shall be excluded. The User shall bear all costs related to damages resulting from information contained in the Software or developed with the use of the Software. To the maximum extent permitted by law, IQS, its suppliers and Licensors shall in no event be liable for damages resulting from the use or inability to use the Software (including loss of business profits, business interruption, loss of business information or other financial losses), even if they were informed about the possibility of such damages. If at least one of the grounds for the claim exists, the total liability of IQS against the User for any damage may in no event exceed the amount paid by the User for the Software. Due to the fact that some states or countries do not allow the exclusion or limitation of liability for consequential or incidental damages, the above stated limitation may not apply to every user.
