Common use of Indirect Damages Clause in Contracts

Indirect Damages. Other than damages arising from a party’s fraud, neither party shall be liable for any special, indirect or consequential damages under any provision of this Agreement or for any special, indirect or consequential damages arising out of any act or failure to act hereunder.

Indirect Damages. Other than damages arising from a party’s fraud, neither party In no event shall either Party be liable for any special, indirect or consequential damages under any provision (including loss of this Agreement or for any specialprofits and loss of use) resulting from, indirect or consequential damages arising out of any act of, or in connection with a Party’s performance or failure to act hereunderperform under this Agreement, whether due to a breach of contract, breach of warranty, tort, negligence or otherwise, even if a Party has been advised of the possibility of such damages.