Lost Profits. (D) The waiver and release under this Section 10.8 applies regardless of the active, passive, contributory, concurrent, gross, or sole negligence, intentional, wanton, or willful misconduct, strict liability without fault, regulatory liability, or other fault or responsibility of either Party.
Lost Profits. AGENT and CARRIER mutually agree that neither shall have any liability to the other for any lost profits or consequential damages even if advised of the possibility of such damages.
Lost Profits. Notwithstanding anything to the contrary in this Article 10, Contractor shall have no indemnification duties under this Article 10 with respect to lost profits or revenues sustained by Owner as a result a delay in the completion of the Work other than the obligation to pay liquidated damages as set forth in this Agreement.
Lost Profits. Agent and NewCo mutually agree that neither shall have any liability to the other for any lost profits, consequential, or special damages even if advised of the possibility of such damages.
Lost Profits. 47 ARTICLE 11: INSURANCE.....................................................................47 11.1
Lost Profits. If MCUBE grants to a third party a license under, or any other tights in or to, any of the Licensed Intellectual Property Rights in conflict with the License granted to the MEMSIC Group or in conflict with XXXXX’s obligations under Sections 5.1 or 5.2, XXXXX must compensate MEMSIC for the profits that the MEMSIC Group can reasonably demonstrate it lost as a result of such third party’s use of such Licensed Intellectual Property Rights. Such compensation may, at MEMSIC’s sole option, be payable by MCUBE in cash or be deducted from future payments due by MEMSIC pursuant to Section 2.6.
Lost Profits. In the event of termination of a Purchase Order or Contract, the contractor shall not be entitled to lost profits or any payments beyond the payments due for work satisfactorily completed. This prohibition shall apply to instances of termination for cause, non-appropriation, or convenience. APPENDIX C STANDARD CONTRACT TERMS AND CONDITIONS xxxx://xxx.xxxxxx.xxxxx.xx.xx/comod/CurrentForms/STD274_SAP.doc APPENDIX D DOMESTIC WORKFORCE UTILIZATION CERTIFICATION (07/24/09) APPENDIX D DOMESTIC WORKFORCE UTILIZATION CERTIFICATION (07/24/09) To the extent permitted by the laws and treaties of the United States, each proposal will be scored for its commitment to use the domestic workforce in the fulfillment of the contract. Maximum consideration will be given to those offerors who will perform the contracted direct labor exclusively within the geographical boundaries of the United States or within the geographical boundaries of a country that is a party to the World Trade Organization Government Procurement Agreement. Those who propose to perform a portion of the direct labor outside of the United States and not within the geographical boundaries of a party to the World Trade Organization Government Procurement Agreement will receive a correspondingly smaller score for this criterion. In order to be eligible for any consideration for this criterion, offerors must complete and sign the following certification. This certification will be included as a contractual obligation when the contract is executed. Failure to complete and sign this certification will result in no consideration being given to the offeror for this criterion. I, [title] of [name of Contractor] a [place of incorporation] corporation or other legal entity, (“Contractor”) located at [address], having a Social Security or Federal Identification Number of , do hereby certify and represent to the Commonwealth of Pennsylvania ("Commonwealth") (Check one of the boxes below): □ All of the direct labor performed within the scope of services under the contract will be performed exclusively within the geographical boundaries of the United States or one of the following countries that is a party to the World Trade Organization Government Procurement Agreement: Aruba, Austria, Belgium, Bulgaria, Canada, Chinese Taipei, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea, Latvia, Liechtenstein, Lithuania, Luxemburg, Malta, ...
Lost Profits. BAYER AND ITS AFFILIATES SHALL HAVE NO LIABILITY FOR ANY CLAIM BY GENZYME OR ITS AFFILIATES FOR ANY LOST PROFITS ARISING UNDER THIS AGREEMENT, EXCEPT TO THE EXTENT SPECIFICALLY PERMITTED UNDER THIS SECTION 13.1.3. The recovery for any amounts of lost profits from Bayer and its Affiliates under this Agreement and any Ancillary Agreements shall be applied against the Maximum Liability Cap. Lost profits will be recoverable under this Agreement and the Ancillary Agreements from Bayer only to the extent the total of (x) [**] plus (y) [**], do not exceed the Maximum Indemnity Cap. For purposes of this provision, that portion of any Loss arising under the Agreement or any Ancillary Agreement constituting lost profits damages will be subject to the Maximum Indemnity Cap, as provided herein, even in cases where other portions of such Loss will not be subject to the Maximum Indemnity Cap. The parties acknowledge and agree that the limitations of this Section 13.1.3 will not apply with respect to any Third Party Claim or any Liability with respect to Bayer’s fraud or criminal acts.
Lost Profits. Under no circumstances shall SFPA be liable for lost profits to Contractor.
Lost Profits. In no event shall any indemnified parties be entitled to recover or make a claim for any amounts in respect of loss of business, lost profits, multiples of profits, multiples of earnings, multiples of cash flow, goodwill, business reputation, consequential damages or punitive damages in calculating the amount of any Losses.
