Common use of Limitation of Liability Clause in Contracts

Limitation of Liability. Each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, or punitive damages.

Appears in 204 contracts

Samples: Service Agreement, Service Agreement, Service Agreement

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Limitation of Liability. Each 8.3.1 Except for any indemnification obligations of the Parties hereunder, each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, injury or liability or expense, including reasonable attorney’s fees, fees relating to or arising from out of any negligent act or omission in its performance of this AgreementAgreement whether in contract or in tort, shall be limited to a credit for the amount actual cost of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, services or punitive damagesfunctions not performed or improperly performed.

Appears in 130 contracts

Samples: Agreement, Resale Agreement, Clec Agreement

Limitation of Liability. Each 16.1 Except for any indemnification obligations of the Parties hereunder, each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, Loss relating to or arising from out of any cause whatsoever, including any negligent act or omission (whether willful or inadvertent) whether based in its contract, tort, strict liability or otherwise, relating to the performance of this Agreement, shall be limited to not exceed a credit for the amount actual cost of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirectfacilities, specialproducts, consequential, services or punitive damagesfunctions not performed or provided or improperly performed or provided.

Appears in 73 contracts

Samples: Agreement, Agreement, Resale Agreement

Limitation of Liability. Each Party’s 's liability to the other Parties Party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s 's fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any either Party be liable to the other Parties Party for any indirect, special, consequential, or punitive damages, except as authorized by this Agreement.

Appears in 68 contracts

Samples: Interconnection Agreement, Small Generator Interconnection Agreement, Interconnection Agreement

Limitation of Liability. Each 7.3.1 Except for any indemnification obligations of the Parties hereunder, each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, liability or expense, including reasonable attorney’s fees, attorneys’ fees relating to or arising from out of any negligent act or omission in its performance of this Agreement, whether in contract or in tort, shall be limited to a credit for the amount actual cost of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, services or punitive damagesfunctions not performed or improperly performed.

Appears in 64 contracts

Samples: General Terms and Conditions, General Terms and Conditions, General Terms and Conditions

Limitation of Liability. Each 7.3.1 Except for any indemnification obligations of the Parties hereunder, each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, injury or liability or expense, including reasonable attorney’s fees, attorneys’ fees relating to or arising from out of any negligent act or omission in its performance of this AgreementAgreement whether in contract or in tort, shall be limited to a credit for the amount actual cost of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, services or punitive damagesfunctions not performed or improperly performed.

Appears in 55 contracts

Samples: General Terms and Conditions, General Terms and Conditions, General Terms and Conditions

Limitation of Liability. Each Party’s 's liability to the other Parties for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s 's fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, or punitive damages, except as authorized by this Agreement.

Appears in 45 contracts

Samples: Interconnection Agreement, Small Generator Interconnection Agreement, Small Generator Interconnection Agreement

Limitation of Liability. 8.4.1 Each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, injury or liability or expense, including reasonable attorney’s fees, fees relating to or arising from out of any negligent act or omission in its performance of this AgreementAgreement whether in contract or in tort, shall be limited to a credit for the amount actual cost of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, services or punitive damagesfunctions not performed or improperly performed.

Appears in 39 contracts

Samples: Agreement, Agreement, Agreement

Limitation of Liability. Each Party’s liability to the other Parties Party for any loss, cost, claim, injury, injury liability, or expense, including reasonable attorney’s attorneys’ fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, or punitive damages.

Appears in 34 contracts

Samples: Agreement, Energy Billing Agreement, Billing Agreement

Limitation of Liability. Each Partyparty’s liability to the other Parties party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party either party be liable to the other Parties party for any indirect, incidental, special, consequential, or punitive damagesdamages of any kind whatsoever.

Appears in 31 contracts

Samples: Application/Agreement, Application/Agreement, Application/Agreement

Limitation of Liability. 7.3.1 Each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, injury or liability or expense, including reasonable attorney’s fees, fees relating to or arising from out of any negligent act or omission in its performance of this AgreementAgreement whether in contract or in tort, shall be limited to a credit for the amount actual cost of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, services or punitive damagesfunctions not performed or improperly performed.

Appears in 31 contracts

Samples: Agreement, Agreement, Agreement

Limitation of Liability. Each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, or punitive damages.

Appears in 30 contracts

Samples: Service Agreement, Service Agreement, Service Agreement

Limitation of Liability. Each Party’s liability to the other Parties Party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its it performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any either Party be liable to the other Parties Party for any indirect, special, consequential, or punitive damages, except as authorized by this Agreement.

Appears in 26 contracts

Samples: Service Agreement, Interconnection Agreement, Service Agreement

Limitation of Liability. Each Party’s liability to the other Parties Party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreementagreement, shall be limited to the amount of direct damage actually incurred. In no event shall any either Party be liable to the other Parties Party for any indirect, special, consequential, or punitive damagesdamages of any kind whatsoever.

Appears in 25 contracts

Samples: www.pge.com, Interconnection Agreement, Special Facilities” Agreement

Limitation of Liability. Each Party’s liability to the other Parties Party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreementhereunder, shall be limited to the amount of direct damage actually incurred. In no event shall any either Party be liable to the other Parties Party for any indirect, special, incidental, consequential, or punitive damagesdamages of any kind.

Appears in 24 contracts

Samples: Agreement, Agreement, Agreement

Limitation of Liability. Each 7.3.1 Except for any indemnification obligations of the Parties hereunder, each Party’s liability to the other Parties for any loss, cost, claim, injury, injury or liability, or expense, including reasonable attorney’s fees, attorneys’ fees relating to or arising from out of any negligent act or omission in its performance of this Agreement, whether in contract or in tort, shall be limited to a credit for the amount actual cost of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, services or punitive damagesfunctions not performed or improperly performed.

Appears in 23 contracts

Samples: General Terms and Conditions, General Terms and Conditions, General Terms and Conditions

Limitation of Liability. Each Partyparty’s liability to the other Parties party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreementhereunder, shall be limited to the amount of direct damage actually incurred. In no event shall any Party either party be liable to the other Parties party for any indirect, special, incidental, consequential, or punitive damagesdamages of any kind.

Appears in 22 contracts

Samples: Agreement, Agreement, Agreement

Limitation of Liability. Each 6.3.1 Except for any indemnification obligations of the Parties hereunder, each Party’s liability to the other Parties for any loss, cost, claim, injury, injury or liability, or expense, including reasonable attorney’s fees, attorneys’ fees relating to or arising from out of any negligent act or omission in its performance of this Agreement, whether in contract or in tort, shall be limited to a credit for the amount actual cost of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, services or punitive damagesfunctions not performed or improperly performed.

Appears in 21 contracts

Samples: General Terms and Conditions, General Terms and Conditions, General Terms and Conditions

Limitation of Liability. Each Party’s liability to the other Parties Party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any either Party be liable to the other Parties Party for any indirect, special, consequential, or punitive damages.

Appears in 20 contracts

Samples: Interconnection Agreement, Interconnection Agreement, Service Agreement

Limitation of Liability. 18.1 Each Partyparty’s liability to the other Parties party for any loss, cost, claim, injury, injury liability, or expense, including reasonable attorney’s attorneys’ fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, or punitive damages.

Appears in 20 contracts

Samples: Standard Service Agreement, Standard Service Agreement, Service Agreement

Limitation of Liability. Each Partyparty’s liability to the other Parties party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreementthese terms and conditions, shall be limited to the amount of direct damage actually incurred. In no event shall any Party either party be liable to the other Parties party for any indirect, incidental, special, consequential, or punitive damagesdamages of any kind whatsoever.

Appears in 19 contracts

Samples: Application/Agreement, Firstenergy Interconnection Agreement, Application/Agreement

Limitation of Liability. Each Party’s liability to the other Parties Party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any either Party be liable to the other Parties Party for any indirect, special, incidental, consequential, or punitive damagesdamages of any kind, except as authorized by this Agreement.

Appears in 19 contracts

Samples: Interconnection Agreement, Agreement, Agreement

Limitation of Liability. 20.1 Each Party’s liability to the other Parties Party for any loss, cost, claim, injury, injury liability, or expense, including reasonable attorney’s attorneys’ fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, or punitive damages.

Appears in 18 contracts

Samples: Service Agreement, Service Agreement, Service Agreement

Limitation of Liability. Each Party’s 's liability to the other Parties Party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s 's fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any either Party be liable to the other Parties Party for any indirect, incidental, special, consequential, or punitive damagesdamages of any kind whatsoever.

Appears in 14 contracts

Samples: Feasibility Study Agreement, Customer Owned Generating Facilities Interconnection Agreement, Facilities Interconnection Agreement

Limitation of Liability. Each Party’s liability to the other Parties Party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreementhereunder, shall be limited to the amount of direct damage actually incurred. In no event shall any either Party be liable to the other Parties Party for any indirect, special, incidental, consequential, or punitive damagesdamages of any kind.

Appears in 12 contracts

Samples: Agreement, Town of Highlands, Feasibility Study Agreement

Limitation of Liability. Each Party’s liability to the other Parties Party for any loss, cost, claim, injury, liability, or expense, including court costs and reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage or liability actually incurred. In no event shall any either Party be liable to the other Parties Party for any indirect, incidental, special, consequential, or punitive damagesdamages of any kind whatsoever.

Appears in 12 contracts

Samples: G Interconnection Service Agreement, Interconnection Service Agreement, G Interconnection Service Agreement

Limitation of Liability. 19.1 Each Partyparty’s liability to the other Parties party for any loss, cost, claim, injury, injury liability, or expense, including reasonable attorney’s attorneys’ fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, or punitive damages.

Appears in 12 contracts

Samples: Standard Service Agreement, Service Agreement, Service Agreement

Limitation of Liability. Each Party’s 's liability to the other Parties Party(ies) for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s 's fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any a Party be liable to the other Parties another Party for any indirect, special, consequential, or punitive damages, except as authorized by this Agreement.

Appears in 11 contracts

Samples: Small Generator Interconnection Agreement, Small Generator Interconnection Agreement, Small Generator Interconnection Agreement

Limitation of Liability. Each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party be liable to the any other Parties for any indirect, incidental, special, consequential, or punitive damagesdamages of any kind whatsoever, except as allowed under paragraph 6.0.

Appears in 9 contracts

Samples: Facilities Study Agreement, Facilities Study Agreement, Facilities Study Agreement

Limitation of Liability. Each Party’s liability to the other Parties Party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party be liable to the other Parties Party for any indirect, special, consequential, or punitive damages.

Appears in 9 contracts

Samples: Service Agreement, Service Agreement, Service Agreement

Limitation of Liability. a. Each Party’s liability to the other Parties Party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating failure to or arising from any act or omission in perform its performance of obligations under this Agreement, Contract shall be limited to the amount of direct damage actually incurred. In no event shall any either Party be liable to the other Parties Party for any punitive, incidental, indirect, special, consequentialor consequential damages of any kind whatsoever, including for loss of business opportunity or punitive damagesprofits, regardless of whether such damages were foreseen.

Appears in 7 contracts

Samples: www.alliantenergy.com, www.alliantenergy.com, www.alliantenergy.com

Limitation of Liability. Each Party’s liability to the other Parties Party for any loss, cost, claim, injury, liability, liability or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any either Party be liable to the other Parties Party for any indirect, incidental, special, consequential, or punitive damages of any kind whatsoever, provided that in no such even shall death, bodily injury or third party claims be construed as an indirect or consequential damages.

Appears in 7 contracts

Samples: Generation Interconnection Agreement, Generation Interconnection Agreement, Generation Interconnection Agreement

Limitation of Liability. Each Party’s liability to the other Parties Party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any either Party be liable to the other Parties Party for any indirect, special, consequential, or punitive damages, except as authorized by this Agreement.

Appears in 6 contracts

Samples: Study Agreement, Interconnection Agreement, Resource Interconnection Agreement

Limitation of Liability. Each Party’s liability to To the other Parties for any lossfullest extent allowed by law, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any consequential, incidental, indirect, specialspecial or punitive damages incurred by another Party and connected with, consequentialarising from or related to this Agreement , including but not limited to loss of good will, cost of capital, claims of customers and lost profits or revenue, whether or not such loss or damages is based in contract, warranty, tort, negligence, strict liability, indemnity, or punitive otherwise, even if a party has been advised of the possibility of such damages.

Appears in 6 contracts

Samples: Capacity Release Agreement, Capacity Release Agreement, Capacity Release Agreement

Limitation of Liability. 3.2.1 Each Party’s liability to the other Parties Party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any either Party be liable to the other Parties Party for any indirect, special, consequential, or punitive damagesdamages of any kind whatsoever.

Appears in 6 contracts

Samples: Aggregation Agreement, Energy Resource Aggregation Agreement, Aggregation Agreement

Limitation of Liability. Each 10.4.1 Except for any indemnification obligations of the Parties hereunder, and except in cases of the provisioning Party’s gross negligence or willful misconduct, each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, liability or expense, including reasonable attorney’s fees, attorneys’ fees relating to or arising from out of any negligent act or omission in its performance of this Agreement, whether in contract or in tort, shall be limited to a credit for the amount actual cost of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, services or punitive damagesfunctions not performed or improperly performed.

Appears in 6 contracts

Samples: MFN Agreement, MFN Agreement, MFN Agreement

Limitation of Liability. Each Partyparty’s liability to the other Parties party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission omissions in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party either party be liable to the other Parties party for any indirect, incidental, special, consequential, or punitive damagesdamages of any kind whatsoever.

Appears in 5 contracts

Samples: Service Agreement, Interconnection and Service Agreement, Interconnection and Service Agreement

Limitation of Liability. Each Party’s 's liability to the other Parties Party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any either Party be liable to the other Parties Party for any indirect, incidental, special, consequential, or punitive damages of any kind whatsoever, provided that in no event shall death, bodily injury or third- party claims be construed as indirect or consequential damages.

Appears in 5 contracts

Samples: Generation Interconnection Agreement, Generation Interconnection Agreement, Generation Interconnection Agreement

Limitation of Liability. Each Party’s No party shall be responsible to any other party for any indirect or consequential loss or similar damage such as, but not limited to, loss of profit, loss of revenue or loss of contracts. The liability of each party to the other Parties for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited in all events to the amount a maximum sum of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, or punitive damages€10,000.

Appears in 5 contracts

Samples: www.civic-epistemologies.eu, Gran Agreement, Grant Agreement

Limitation of Liability. Each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s 's fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, or punitive damages, except as authorized by this Agreement.

Appears in 5 contracts

Samples: Generator Interconnection Agreement, Generator Interconnection Agreement, Generator Interconnection Agreement

Limitation of Liability. Each Party’s liability to the other Parties Party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreementhereunder, shall will be limited to the amount of direct damage actually incurred. In no event shall any will either Party be liable to the other Parties Party for any indirect, special, incidental, consequential, or punitive damagesdamages of any kind.

Appears in 5 contracts

Samples: www.sremc.com, aemc.coop, www.aemc.coop

Limitation of Liability. 5.2.1 Each Party’s liability to the other Parties Party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any either Party be liable to the other Parties Party for any indirect, special, consequential, or punitive damagesdamages of any kind whatsoever.

Appears in 5 contracts

Samples: Resource Aggregation Agreement, Aggregation Agreement, Resource Aggregation Agreement

Limitation of Liability. Each Party’s 's liability to the other Parties Party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any either Party be liable to the other Parties Party for any indirect, incidental, special, consequential, or punitive damages of any kind whatsoever, provided that in no event shall death, bodily injury or third-party claims be construed as indirect or consequential damages.

Appears in 5 contracts

Samples: Form and Interconnection Agreement, Form and Interconnection Agreement, Form and Interconnection Agreement

Limitation of Liability. Each Party’s liability If any Party shall be liable to the other Parties for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, matter relating to or arising from any act or omission in its performance of connection with this Agreement, shall be limited to the amount of direct damage actually incurred. In whether based on an action or claim in contract, equity, negligence, intended conduct, tort or otherwise, in no event shall the measure of damages include, nor shall any Party be liable to the other Parties for, any amounts for any loss of income, profit or savings or indirect, specialincidental, consequential, or punitive damagesdamages of any Party or any third parties.

Appears in 4 contracts

Samples: Management Agreement (Deerfield Capital Corp.), Management Agreement (Deerfield Capital Corp.), Management Agreement (Bounty Investments, LLC)

Limitation of Liability. Each Party’s 's liability to the other Parties Party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s 's fees, relating to or arising from any act or omission in its performance of this Agreementagreement, shall be limited to the amount of direct damage actually incurred. In no event shall any either Party be liable to the other Parties Party for any indirect, special, consequential, or punitive damagesdamages of any kind whatsoever.

Appears in 4 contracts

Samples: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement

Limitation of Liability. Each Partyparty’s liability to the other Parties party for any loss, cost, claim, injury, liability, judgment or expense, including reasonable attorney’s attorney fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party either party be liable to the other Parties party for any indirect, incidental, special, consequential, or punitive damagesdamages of any kind whatsoever.

Appears in 4 contracts

Samples: Generator Interconnect Agreement, Generator Interconnect Agreement, Generator Interconnect Agreement

Limitation of Liability. Each Party’s liability to the other Parties PartiesParty for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any anyeither Party be liable to the other Parties PartiesParty for any indirect, special, consequential, or punitive damages.

Appears in 4 contracts

Samples: Interconnection Agreement, Interconnection Agreement, Standard Small Generator Interconnection Agreement

Limitation of Liability. Each 15.1 Except for any indemnification obligations of the Parties hereunder, each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, Loss relating to or arising from out of any cause whatsoever, including any negligent act or omission (whether willful or inadvertent) whether based in its contract, tort, strict liability or otherwise, relating to the performance of this Agreement, shall be limited to not exceed a credit for the amount actual cost of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirectFacilities, specialproducts, consequential, services or punitive damagesfunctions not performed or provided or improperly performed or provided.

Appears in 4 contracts

Samples: Two Way CMRS Interconnection Agreement, Agreement, Wholesale Agreement

Limitation of Liability. Each Partyparty’s liability to the other Parties party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreementagreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party either party be liable to the other Parties party for any indirect, incidental, special, consequential, or punitive damagesdamages of any kind whatsoever.

Appears in 3 contracts

Samples: www.pepco.com, www.pepco.com, www.pepco.com

Limitation of Liability. Each Except as set forth in this Article: (a) no Party shall be liable to another Party’s liability to the other Parties , directly or indirectly, for any loss, cost, claim, injury, liability, damages or expense, including reasonable attorney’s fees, relating losses of any kind sustained due to or arising from any act or omission in failure to perform its performance of obligations under this Agreement, unless such failure to perform was malicious or reckless; and (b) any liability of a Party to another Party shall be limited to the amount of direct damage actually incurred. In damages, and no event shall any Party be liable lost profits, damages to the other Parties compensate for any indirectlost goodwill, special, consequentialconsequential damages, or punitive damagesdamages shall be sought or awarded.

Appears in 3 contracts

Samples: Joint Reliability Coordination Agreement, www.oatioasis.com, psc.ky.gov

Limitation of Liability. Each 7.3.1 Except for any indemnification obligations of the Parties hereunder, each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, injury or liability or expense, including reasonable attorney’s fees, fees relating to or arising from out of any negligent act or omission in its performance of this AgreementAgreement whether in contract or in tort, shall be limited to a credit for the amount actual cost of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, services or punitive damagesfunctions not performed or improperly performed.

Appears in 3 contracts

Samples: Interconnection Agreement, Clec Agreement, Interconnection Agreement

Limitation of Liability. Each 6.3.1 Except for any indemnification obligations of the Parties hereunder, each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, liability or expense, including reasonable attorney’s fees, attorneys’ fees relating to or arising from out of any negligent act or omission in its performance of this Agreement, whether in contract or in tort, shall Version – 11/12/03 be limited to a credit for the amount actual cost of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, Services not performed or punitive damagesimproperly performed.

Appears in 3 contracts

Samples: General Terms and Conditions, General Terms and Conditions, General Terms and Conditions

Limitation of Liability. Each Partyparty’s liability to the other Parties party for any loss, cost, claim, injury, liability, judgment or expense, including reasonable attorney’s attorney fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party either party be liable to the other Parties for party from any indirect, incidental, special, consequential, or punitive damagesdamages of any kind whatsoever.

Appears in 3 contracts

Samples: Small Generation System Interconnection Agreement, Small Generation System Interconnection Agreement, Small Generation System Interconnection Agreement

Limitation of Liability. Each 6.3.1 Except for any indemnification obligations of the Parties hereunder, each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, injury or liability or expense, including reasonable attorney’s fees, attorneys’ fees relating to or arising from out of any negligent act or omission in its performance of this AgreementAgreement whether in contract or in tort, shall be limited to a credit for the amount actual cost of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, services or punitive damagesfunctions not performed or improperly performed.

Appears in 3 contracts

Samples: MFN Agreement, MFN Agreement, MFN Agreement

Limitation of Liability. Each No Party shall be liable for any indirect or consequential loss or similar damages such as but not limited to loss of profit, loss of revenue, loss of contract or the like. For any remaining contractual liability, each Party’s total aggregate liability under this Consortium Agreement towards the other Party in respect of any and all such claims shall not exceed that Party’s budget contribution (in cash and/or in kind) as foreseen in the Budget, except for and to the other Parties for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any extent that such damage was caused by a willful act or omission in its performance gross negligence. The terms of this Agreement, Consortium Agreement shall not be limited construed to the amount of direct damage actually incurred. In no event shall amend or limit any Party be liable to the other Parties for any indirect, special, consequential, or punitive damagesParty’s statutory liability.

Appears in 3 contracts

Samples: Consortium Agreement, Consortium Agreement, Consortium Agreement

Limitation of Liability. Each Party’s 's liability to the other Parties Party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s 's fees, relating to or arising from any act or omission in its performance of this Agreementhereunder, shall be limited to the amount of direct damage actually incurred. In no event shall any either Party be liable to the other Parties Party for any indirect, special, incidental, consequential, or punitive damagesdamages of any kind.

Appears in 3 contracts

Samples: Agreement, Study Agreement, desitecoreprod-cd.azureedge.net

Limitation of Liability. Each 8.4.1 Except for any indemnification obligations of the Parties hereunder, each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, injury or liability or expense, including reasonable attorney’s fees, fees relating to or arising from out of any act or omission in its performance of this AgreementAgreement whether in contract or in tort, shall be limited to a credit for the amount actual cost of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, services or punitive damagesfunctions not performed or improperly performed except in instances of gross negligence or fraudulent misrepresentation or willful or wanton misconduct.

Appears in 3 contracts

Samples: Agreement, Agreement, Agreement

Limitation of Liability. Each Party’s 's liability to the other Parties Party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s 's fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any either Party be liable to the other Parties Party for any indirect, special, consequential, or punitive damages, except as authorized by this Agreement.

Appears in 3 contracts

Samples: Interconnection Agreement, Small Generator Interconnection Agreement, Small Generator Interconnection Agreement

Limitation of Liability. Each 22.1 Except for any indemnification obligations of the Parties hereunder, each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, Loss relating to or arising from out of any cause whatsoever, including any negligent act or omission (whether willful or inadvertent) whether based in its contract, tort, strict liability or otherwise, relating to the performance of this Agreement, shall be limited to not exceed a credit for the amount actual cost of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirectFacilities, specialproducts, consequential, services or punitive damagesfunctions not performed or provided or improperly performed or provided.

Appears in 2 contracts

Samples: psc.ky.gov, psc.ky.gov

Limitation of Liability. Each Party’s party's liability to the other Parties party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s 's fees, relating to or arising from any act or omission in its performance of this Agreementhereunder, shall be limited to the amount of direct damage actually incurred. In no event shall any Party either party be liable to the other Parties party for any indirect, special, incidental, consequential, or punitive damagesdamages of any kind.

Appears in 2 contracts

Samples: Interconnection Agreement for Small Generation, Interconnection Agreement for Small Generation

Limitation of Liability. Each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party be liable to the any other Parties Party for any consequential, indirect, specialincidental, consequentialpunitive, exemplary, special or punitive damagessimilar damages or lost profits suffered, directly or indirectly, by any Party. Each Party shall be discharged from any and all liability with respect to services performed and any loss or damage Claims arising out of the Schedule or this Agreement unless suit or action is commenced within two years after the applicable cause of action arises.

Appears in 2 contracts

Samples: Transportation Services (Valero Energy Partners Lp), Transportation Services (Valero Energy Partners Lp)

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Limitation of Liability. Each Partyparty’s liability to the other Parties party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to to, or arising from from, any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party either party be liable to the other Parties party for any indirect, incidental, special, consequential, or punitive damagesdamages of any kind whatsoever.

Appears in 2 contracts

Samples: concordma.gov, concordma.gov

Limitation of Liability. Each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, Party shall be limited to the amount of direct damage actually incurred. In no event shall any Party be liable to the other Parties only for actual damages and not for any indirect, special, consequential, incidental or punitive damagesindirect damages arising out of this Agreement, however caused, under any theory of liability.

Appears in 2 contracts

Samples: Exclusive License and License Option Agreement (MultiVir Inc.), Exclusive License and License Option Agreement (MultiVir Inc.)

Limitation of Liability. Each Party’s liability to A. Except where caused by the other Parties Party's negligence or willful misconduct, each Party shall be responsible for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating all physical damage to or arising destruction of the property, equipment and/or facilities owned by it, and shall not seek recovery or reimbursement from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party be liable to the other Parties Party for any indirect, special, consequential, or punitive damagessuch damage.

Appears in 2 contracts

Samples: Standard Power Purchase Agreement (McKenzie Bay International LTD), Power Purchase Agreement (McKenzie Bay International LTD)

Limitation of Liability. Each Partyparty’s liability to the other Parties party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party either party be liable to the other Parties party for any indirect, incidental, special, consequential, or punitive damagesdamages of any kind whatsoever, except as allowed under paragraph 6.0.

Appears in 2 contracts

Samples: Study Agreement, www.oatioasis.com

Limitation of Liability. Each Party’s 's liability to the other Parties for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s 's fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, or punitive damages, except as authorized by this Agreement.

Appears in 2 contracts

Samples: Small Generator Interconnection Agreement, Interconnection Agreement

Limitation of Liability. Each Partyparty’s liability to the other Parties party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct direct, damage actually incurred. In no event shall any Party either party be liable to the other Parties party for any indirect, incidental, special, consequential, or punitive damagesdamages of any kind whatsoever.

Appears in 2 contracts

Samples: www3.champaignschools.org, mtcpu.com

Limitation of Liability. Each Party’s 's liability to the other Parties party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s 's fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any either Party be liable to the other Parties party for any indirect, incidental, special, consequential, or punitive damagesdamages of any kind whatsoever, except as allowed under paragraph 7.0.

Appears in 2 contracts

Samples: Level 1 Interconnection Agreement, Level 1 Interconnection Agreement

Limitation of Liability. Each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party be liable to the any other Parties Party for any consequential, indirect, specialincidental, consequentialpunitive, exemplary, special or punitive damagessimilar damages or lost profits suffered, directly or indirectly, by any Party. Each Party shall be discharged from any and all liability with respect to services performed and any loss or damage Claims arising out of this Agreement or the Schedule unless suit or action is commenced within two years after the applicable cause of action arises.

Appears in 2 contracts

Samples: Master Terminal Services Agreement (Valero Energy Partners Lp), Master Terminal Services Agreement (Valero Energy Partners Lp)

Limitation of Liability. Each 6.3.1 Except for any indemnification obligations of the Parties hereunder, each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, liability or expense, including reasonable attorney’s fees, attorneys’ fees relating to or arising from out of any negligent act or omission in its performance of this Agreement, whether in contract or in tort, shall be limited to a credit for the amount actual cost of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, Services not performed or punitive damagesimproperly performed.

Appears in 2 contracts

Samples: General Terms and Conditions, General Terms and Conditions

Limitation of Liability. Each Party’s liability to the other 17.1 The Parties shall not be liable for any lossindirect or consequential loss or consequential damage that Party has caused to any other Party. This limitation shall not, costhowever, claim, injury, liability, or expense, including reasonable attorney’s fees, relating apply to or arising from any act or omission loss which can be attributed to gross negligence and wilful breach of contract. This agreement has been executed in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party be liable to the other Parties one original for any indirect, special, consequential, or punitive damageseach original Signatory.

Appears in 2 contracts

Samples: Modelling Programme Agreement, Modelling Programme Agreement

Limitation of Liability. Each 6.3.1 Except for any indemnification obligations of the Parties hereunder, each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, liability or expense, including reasonable attorney’s fees, attorneys’ fees relating to or arising from out of any negligent act or omission in its performance of this Agreement, whether in contract or in tort, shall be limited to a credit for the amount actual cost of direct damage actually incurredthe Services not performed or improperly performed. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, or punitive damages.Version – 11/12/03

Appears in 2 contracts

Samples: General Terms and Conditions, General Terms and Conditions

Limitation of Liability. 6.1 Each Party’s party's liability to the other Parties for any loss, cost, claim, injury, liability, liability or expense, including reasonable attorney’s attorney fees, relating to or arising from out of any negligent act or omission in its performance of obligations arising out of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event With respect to claims arising out of this Agreement, either party's cumulative liability, whether in contract, tort or otherwise, shall any Party be liable not exceed the total charges applicable to the other Parties for any indirect, special, consequential, or punitive damagesbilling and collection services rendered under this Agreement.

Appears in 2 contracts

Samples: 18 Services Agreement (Facilicom International Inc), Billing and Mis Services Agreement (Facilicom International Inc)

Limitation of Liability. Each Partyparty’s liability to the other Parties party for any loss, cost, cost claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreementhereunder, shall be limited to the amount of direct damage actually incurred. In no event shall any Party either party be liable to the other Parties party for any indirect, special, incidental, consequential, or punitive damagesdamages or any kind.

Appears in 2 contracts

Samples: Interconnection Service Agreement, Interconnection Service Agreement

Limitation of Liability. Each Party’s liability to No party will be liable in connection with the other Parties Agreement for any lossother party’s lost revenues or profits, costindirect, claimspecial, injury, liabilityincidental, or expenseconsequential losses, including reasonable attorneyor exemplary or punitive damages. Except as it arises from a party’s feesindemnification obligations herein, relating to or arising from any act or omission each party’s total liability in its performance of this Agreement, connection with the Shoot shall be limited to the total amount of direct damage actually incurred. In no event shall any Party be liable paid or owed pursuant to the other Parties for any indirect, special, consequential, or punitive damagesAgreement and Estimate.

Appears in 1 contract

Samples: Terms and Conditions

Limitation of Liability. 16.1 Each Party’s party's liability to the other Parties for any lossand all claims, costlosses, claim, injury, liability, damages or expense, including reasonable attorney’s fees, relating to or arising expenses from any act or omission in its performance of this Agreement, cause whatsoever shall be limited to the amount of direct damage actually incurred. In damages proven, but shall in no event shall any Party be liable to exceed the other Parties amount paid by Distributor - for any indirecteach damage causing event. This restriction of liability does not apply in the case of willful misconduct or gross negligence, special, consequential, bodily injury or punitive damagesdeath.

Appears in 1 contract

Samples: Distributor Agreement (Gvi Security Solutions Inc)

Limitation of Liability. Each Party’s party's liability to the other Parties party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s 's fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party either party be liable to the other Parties party for any indirect, incidental, special, consequential, or punitive damagesdamages of any kind whatsoever, except as allowed under paragraph 6.0.

Appears in 1 contract

Samples: Interconnection Agreement

Limitation of Liability. Each Party’s liability to the other Parties under this Agreement for any losscause whatsoever, costregardless of the form of action (whether in contract, claim, injury, liability, or expensein tort, including reasonable attorney’s fees, relating to negligence or arising from any act or omission in its performance of this Agreement, shall otherwise) will be limited to the amount of direct damage general money damages actually incurred. In incurred by such party (and no event other relief) and shall any Party be liable to the other Parties not include liability for any indirect, special, consequential, or punitive damagesspecial damages or lost or anticipated profits or benefits, irrespective temp. rev. 5/18/21 of whether or not such party has notice that such damages have accrued or might accrue.

Appears in 1 contract

Samples: Tourism Collaboration Agreement

Limitation of Liability. Each Party’s 's liability to the other Parties Partyies for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s 's fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall either any Party be liable to the other Parties Partyies for any indirect, special, consequential, or punitive damages, except as authorized by this Agreement.

Appears in 1 contract

Samples: Small Generator Interconnection Agreement

Limitation of Liability. Each Party’s liability to The Parties agree that the other Parties for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of liable for direct damage actually incurred. In damages only and that no event Party shall any Party be liable to the other Parties for any indirect, special, consequential, incidental or punitive damagesconsequential damages in connection with the Agreement.

Appears in 1 contract

Samples: ) (Medgenics, Inc.)

Limitation of Liability. 5.2.1 Each Party’s party's entire liability to the other Parties for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating all claims related to or arising from any act or omission in its performance of this Agreement, shall be limited to the Agreement will not exceed the amount of any actual direct damage actually incurreddamages incurred by that party up to the amounts paid by Member to the Corporation pursuant to Section 3.2 (Payment of Dues and Expenses). In no event shall any Party Each party will not be liable to the other Parties for any special, incidental, exemplary, indirect, special, consequentialor economic consequential damages, or punitive damageslost profits, business, value, revenue, goodwill, or anticipated savings.

Appears in 1 contract

Samples: Principal Member Membership Agreement

Limitation of Liability. Each Party’s liability to the other Parties party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreementthese terms and conditions, shall be limited to the amount of direct damage actually incurred. In no event shall any Party either party be liable to the other Parties party for any indirect, incidental, special, consequential, or punitive damagesdamages of any kind whatsoever.

Appears in 1 contract

Samples: www.chambersburgpa.gov

Limitation of Liability. 7.1 Each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, Party shall be limited to the amount of direct damage actually incurred. In no event shall any Party be liable to the other Parties Party, its agents and employees for any indirectall losses or damages arising out of or attributable to the acts or omissions, special, consequential, willful misconduct or punitive damagesbreach of this Lease by such Party.

Appears in 1 contract

Samples: Purchase Agreement (Save the World Air Inc)

Limitation of Liability. Each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any either Party be liable to the other Parties Party for any lost profits, cost of procurement of substitute goods or services, or other indirect, special, consequentialincidental or consequential damages, however caused and on any theory of liability, arising out of or related to this Agreement. The foregoing will not affect either Party's liability, if any, with respect to contribution or indemnity for third party claims for personal injury, death, or punitive damages.physical damage to property. [THIS SPACE INTENTIONALLY LEFT BLANK]

Appears in 1 contract

Samples: Collaborative Research Agreement (Axys Pharmaceuticals Inc)

Limitation of Liability. 6.3.1 Each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, injury or liability or expense, including reasonable attorney’s fees, fees relating to or arising from out of any negligent act or omission in its performance of this AgreementAgreement whether in contract or in tort, shall be limited to a credit for the amount actual cost of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, services or punitive damagesfunctions not performed or improperly performed.

Appears in 1 contract

Samples: www.psc.state.ky.us

Limitation of Liability. Each Party’s liability to the other Parties Party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. SERVICE AGREEMENT NO. 2624 In no event shall any either Party be liable to the other Parties Party for any indirect, special, consequential, or punitive damages.

Appears in 1 contract

Samples: Service Agreement

Limitation of Liability. 1. Each Party’s liability to the other Parties for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, Party shall be limited to the amount of direct damage actually incurred. In no event shall any Party be liable to the other Parties for direct damages for any indirectloss, special, consequentialdefect, or punitive damagesequipment failure resulting from or caused by the other Party’s acts or omissions or the acts or omissions of its agents or contractors in performing the obligations contained in this Agreement.

Appears in 1 contract

Samples: Service Resale Agreement

Limitation of Liability. 5.7.1 Each Party’s 's liability to the other Parties Party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, loss relating to or arising from out of any act or omission in its performance of under this Agreement, whether in contract, warranty, strict liability, or tort, including (without limitation) negligence of any kind, shall be limited to the total amount of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, that is or punitive damages.would have

Appears in 1 contract

Samples: Interconnection Agreement

Limitation of Liability. Each Party’s liability to the other Parties PartyParties for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any either Party be liable to the other Parties Party for any indirect, special, consequential, or punitive damages, except as authorized by this Agreement.

Appears in 1 contract

Samples: Interconnection Agreement

Limitation of Liability. Each Party’s liability to the other Parties PartiesParty for any loss, cost, claim, injury, liability, or expense, ,including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any anyeither Party be liable to the other Parties PartiesParty for any indirect, special, consequential, or punitive orpunitive damages.

Appears in 1 contract

Samples: Interconnection Agreement

Limitation of Liability. Each Partyparty’s liability to the other Parties party for any loss, cost, claim, injury, liability, judgment or expense, including reasonable attorney’s attorney fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party either party be liable to the other Parties for party from any indirect, incidental, special, consequential, or punitive damagesdamages of any kind whatsoever.

Appears in 1 contract

Samples: Small Generation System Interconnection Agreement

Limitation of Liability. 19.1 Each Party’s liability to the other Parties Party for any loss, cost, claim, injury, injury liability, or expense, including reasonable attorney’s attorneys’ fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, or punitive damages.

Appears in 1 contract

Samples: Standard Service Agreement

Limitation of Liability. Each Partyparty’s liability to the other Parties party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreementhereunder, shall be limited to the amount of direct damage actually incurred. In no event shall any Party either party be liable to the other Parties party for any indirectindirect special, specialincidental, consequential, or punitive damagesdamages of any kind.

Appears in 1 contract

Samples: Interconnection Agreement

Limitation of Liability. Each 8.3.1 Except for any indemnification obligations of the Parties hereunder, each Party’s liability to the other Parties for any loss, cost, claim, injury, injury or liability, or expense, including reasonable attorney’s fees, attorneys’ fees relating to or arising from out of any negligent act or omission in its performance of this Agreement, whether in contract or in tort, shall be limited to a credit for the amount actual cost of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, services or punitive damagesfunctions not performed or improperly performed.

Appears in 1 contract

Samples: Clec Agreement

Limitation of Liability. 21.1 Each Party’s liability to the other Parties Party for any loss, cost, claim, injury, injury liability, or expense, including reasonable attorney’s attorneys’ fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirect, special, consequential, or punitive damages.

Appears in 1 contract

Samples: Service Agreement

Limitation of Liability. Each Partyparty’s liability to the other Parties for any loss, cost, claim, injury, liability, damage or expense, expense (including reasonable attorney’s attorneys’ fees, ) relating to or arising from out of any negligent act or omission in its performance of obligations arising out of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event Absent gross negligence or knowing and willful misconduct which causes a loss, neither party shall any Party be liable to the other Parties for any indirect, special, consequential, special or punitive damagesconsequential damage of any kind whatsoever.

Appears in 1 contract

Samples: Agreement

Limitation of Liability. 7.1. Each Party’s liability to the other Parties Party will be responsible for any loss, cost, claim, injurydamage, liability, claim or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be but not limited to the amount of direct damage actually incurred. In no event shall any Party be liable to the other Parties for any indirectreasonable attorneys’ fees and court costs, special, consequentialcaused by its own gross negligence or intentional misconduct, or punitive damagesfor the acts of its agents, employees and contractors.

Appears in 1 contract

Samples: Agreement

Limitation of Liability. Each Party’s 's liability to the other Parties for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s 's fees, relating to or arising from out of any negligent act or omission in its performance of this Agreement, Agreement (not involving knowing and willful misconduct) shall be limited to the amount of direct damage actually incurred. In no event Absent such knowing and willful misconduct, neither Party shall any Party be liable to the other Parties for any indirect, special, consequential, special or punitive damagesconsequential damage of any kind whatsoever.

Appears in 1 contract

Samples: Agreement (Boston Communications Group Inc)

Limitation of Liability. Each Party’s 's liability to the other Parties Party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s 's fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In I no event shall any either Party be liable to the other Parties Party for any indirect, incidental, special, consequential, or punitive damages of any kind whatsoever, provided that in no event shall death, bodily injury or third-party claims be construed as indirect or consequential damages.

Appears in 1 contract

Samples: Form and Interconnection Agreement

Limitation of Liability. Each Party’s Except in connection with injury or loss of life and cases of willful misconduct or gross negligence, each Party limits its total liability for loss or damage in connection with its actions in fulfilling its obligations under this Agreement to the other Parties for any lossactual damages or $10,000, costwhichever is less. Except in case of willful misconduct or gross negligence, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall any Party will be liable to the other Parties for any indirect, special, consequentialpunitive, or punitive damagesconsequential losses or damage.

Appears in 1 contract

Samples: Research and Development Instructional Experience Agreement

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