Limitations on Damages. Neither Party shall be liable for any consequential, special or indirect losses or damages suffered by the other Party, whether or not the likelihood of such losses or damages was known by the Party.
Appears in 190 contracts
Samples: Distribution Agreement (Ironwood Multi-Strategy Fund LLC), Distribution Agreement (Ironwood Institutional Multi-Strategy Fund LLC), Distribution Agreement (Outlook Funds Trust)
Limitations on Damages. Neither Party party shall be liable for any consequential, special or indirect losses or damages suffered by the other Partyparty, whether or not the likelihood of such losses or damages was known by the Partyparty.
Appears in 75 contracts
Samples: Service Fee Agreement (Professionally Managed Portfolios), Distribution Agreement (Pax World Funds Series Trust I), Service Fee Agreement (Professionally Managed Portfolios)
Limitations on Damages. Neither Notwithstanding anything in this Agreement to the contrary, except as specifically set forth below, neither Party shall be liable for any consequential, special or indirect losses or damages suffered by the other Party, whether or not the likelihood of such losses or damages was known by the Party.
Appears in 10 contracts
Samples: Distribution Agreement (Arden Sage Multi-Strategy Fund, L.L.C.), Distribution Agreement (Arden Sage Multi-Strategy TEI Institutional Fund, L.L.C.), Distribution Agreement (Gottex Multi-Alternatives Fund - II)
Limitations on Damages. Neither No Party shall be liable for any consequential, special or indirect losses or damages suffered by the other Party, whether or not the likelihood of such losses or damages was known by the Party.
Appears in 8 contracts
Samples: Distribution Agreement (First Trust Private Credit Fund), Distribution Agreement (Infinity Core Alternative Fund), Distribution Agreement (First Trust Private Assets Fund)
Limitations on Damages. Neither Party shall be liable for any consequential, special or indirect losses or damages suffered by the other Party, including but not limited to lost revenues or profits, whether or not the likelihood of such losses or damages was known by the Party.
Appears in 4 contracts
Samples: Distribution Agreement (Versus Capital Multi-Manager Real Estate Income Fund LLC), Distribution Agreement (Versus Capital Real Assets Fund LLC), Distribution Agreement (Versus Capital Infrastructure Income Fund)
Limitations on Damages. Neither Party shall be liable or responsible for (i) any Losses that are not direct, actual damages or (ii) any consequential, punitive, special or indirect losses speculative damages or damages suffered by the other Partylost profits, whether in each case, with respect to any claim made under or not the likelihood in respect of such losses or damages was known by the Partythis Agreement.
Appears in 4 contracts
Samples: Stockholder Agreement (Great Western Bancorp, Inc.), Stockholder Agreement (Great Western Bancorp, Inc.), Stockholder Agreement (National Australia Bank LTD)
Limitations on Damages. Neither Party No party shall be liable for any consequential, special or indirect losses or damages suffered by the other Partyanother party, whether or not the likelihood of such losses or damages was known by the Partyparty.
Appears in 4 contracts
Samples: Distribution Agreement (Cross Shore Discovery Fund), Distribution Agreement (Cross Shore Discovery Fund), Cross Shore Discovery Fund Distribution Agreement (Cross Shore Discovery Fund)
Limitations on Damages. Neither Party shall be liable for any punitive damages or any consequential, special or indirect losses or damages suffered by the other Party, whether or not the likelihood of such losses or damages was known by the Party.
Appears in 3 contracts
Samples: Distribution Agreement (PNC Funds), Distribution Agreement (PNC Advantage Funds), Distribution Agreement (PNC Funds)
Limitations on Damages. Neither No Party shall be liable for any consequential, special or indirect losses or damages suffered by the other another Party, whether or not the likelihood of such losses or damages was known by the Party.
Appears in 2 contracts
Samples: Professionally Managed (Professionally Managed Portfolios), Placement Agent Agreement (Investment Managers Series Trust)
Limitations on Damages. Neither Party No party hereto shall be liable for any consequential, special or indirect losses or damages suffered by the any other Partyparty, whether or not the likelihood of such losses or damages was known by the Partyparty.
Appears in 2 contracts
Samples: Distribution Agreement (SharesPost 100 Fund), Distribution Agreement (SharesPost 100 Fund)
Limitations on Damages. Neither Party party shall be liable for any consequential, consequential or special or indirect losses or damages suffered by the other Partyparty, whether or not the likelihood of such losses or damages was known by the Partyparty.
Appears in 2 contracts
Samples: Distribution Agreement (Del Rey Global Investors Funds), Distribution Agreement (Del Rey Global Investors Funds)
Limitations on Damages. Neither Party shall be liable for any consequential, special special, incidental, exemplary, punitive or indirect losses or damages suffered by the other Party, whether or not the likelihood of such losses or damages was known by the Party.
Appears in 2 contracts
Samples: Distribution Agreement (Mirae Asset Discovery Funds), Distribution Agreement (Mirae Asset Discovery Funds)
Limitations on Damages. Neither Party party shall be liable for any consequential, special special, or indirect losses or damages suffered by the other Partyparty, whether or not the likelihood of such losses or damages was known by the Partyparty.
Appears in 2 contracts
Samples: Idx Funds (IDX Funds), Distribution Agreement (360 Funds)
Limitations on Damages. Neither Party shall be liable for any consequential, special special, punitive, incidental or indirect losses or damages Losses suffered by the other Party, whether or not the likelihood of such losses or damages was known by the Party.
Appears in 2 contracts
Samples: Distribution Agreement (IVA Fiduciary Trust), Distribution Agreement (IVA Fiduciary Trust)
Limitations on Damages. Neither Party party shall be liable for any consequential, special or indirect losses or damages suffered by the other Partyparty, including but not limited to lost revenues or profits, whether or not the likelihood of such losses or damages was known by the Partyparty.
Appears in 2 contracts
Samples: Dealer Agreement (MoA Funds Corp), Dealer Agreement (MoA Funds Corp)
Limitations on Damages. Neither Party party hereto shall be liable for any consequential, special or indirect losses or damages suffered by the other Partyparty, whether or not the likelihood of such losses or damages was known by the Partyparty.
Appears in 2 contracts
Samples: Agreement (Metropolitan West Funds), Distribution Agreement (TCW Alternative Funds)
Limitations on Damages. Neither Party party shall be liable to the other for any consequential, special or indirect losses or damages suffered by the other Partyparty, whether or not the likelihood of such losses or damages was known by the Partyparty.
Appears in 1 contract
Limitations on Damages. Neither Party shall be liable for any consequential, special special, or indirect losses or damages suffered by the other Party, whether or not the likelihood of such losses or damages was known by the Party.
Appears in 1 contract
Samples: Marketing Agent Agreement (Grayscale Bitcoin Trust (BTC))
Limitations on Damages. Neither Notwithstanding anything in this Agreement to the contrary, neither Party shall be liable for any consequential, special or indirect losses or damages suffered by the other Party, whether or not the likelihood of such losses or damages was known by the Party.
Appears in 1 contract
Limitations on Damages. Neither Party party shall be liable for any consequential, special or indirect losses or damages (“Indirect Damages”) suffered by the other Partyparty, whether or not the likelihood of such losses or damages was known by the Partyparty; provided that the foregoing limitation shall not apply with respect to Indirect Damages arising out of or relating to that party’s fraud or willful misconduct.
Appears in 1 contract
Samples: Distribution Agreement (Milliman Variable Insurance Trust)
