Common use of Indirect Damages Clause in Contracts

Indirect Damages. Neither Party shall be liable to the other for any indirect, incidental, special, punitive, consequential or exemplary damages regardless of the nature of the claim. This prohibition on indirect damages shall include, but not be limited to, claims based on lost profits, cost of delay, any failure of delivery, business interruption, cost of lost or damaged data, or liabilities to any third parties even if such Party is advised of the possibility thereof.

Indirect Damages. Neither Party shall be liable to the other for any indirect, incidental, special, punitive, or consequential or exemplary damages regardless of the nature of the claim. This prohibition on indirect damages shall include, such as but not be limited toto damages to third parties, claims based on lost profitsloss of business, cost revenues, profits or goodwill or loss or inaccuracy of delay, any failure of delivery, business interruption, cost of lost or damaged data, or liabilities to any third parties even if such Party is advised of the possibility thereof.

Indirect Damages. Neither Party shall be liable to the other, whether in contract, tort, breach of warranty, or any other theory for any indirect, incidental, special, punitive, or consequential damages arising out of or exemplary relating to its performance or failure to perform under this Agreement. Notwithstanding the foregoing, any liability or costs for which Seller is responsible pursuant to Section 7.2 will be considered direct damages regardless of the nature of the claim. This prohibition on indirect damages shall include, but and will not be limited to, claims based on lost profits, cost of delay, any failure of delivery, business interruption, cost of lost or damaged data, or liabilities to any third parties even if such Party is advised of the possibility thereofby this Section 11.1.