Common use of MUTUAL EXCLUSION OF CONSEQUENTIAL DAMAGES Clause in Contracts

MUTUAL EXCLUSION OF CONSEQUENTIAL DAMAGES. Except for any liquidated damages agreed by the parties related to an unexcused termination of this agreement and except for the Client’s indemnification obligations, (i) each party shall be liable to the other party only for direct damages for any liability arising under this Agreement and (ii) under no circumstances shall any party be liable to any other party for special or punitive damages, or indirect, incidental, consequential loss or damage, or any loss of profits, goodwill, business opportunity, business revenue or anticipated savings in relation to this Agreement, whether arising out of breach of contract, tort (including negligence) or otherwise, regardless of whether the relevant loss was foreseeable or the party has been advised of the possibility of such loss or damage, or that such loss was in contemplation of the other party.

Appears in 7 contracts

Samples: Services Agreement (ETF Opportunities Trust), Services Agreement (Emles Trust), Services Agreement (ETF Opportunities Trust)

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MUTUAL EXCLUSION OF CONSEQUENTIAL DAMAGES. Except for any liquidated damages agreed by the parties related to an unexcused termination of this agreement and except for the Client’s 's indemnification obligations, (i) each party shall be liable to the other party only for direct damages for any liability arising under this Agreement and (ii) under no circumstances shall any party be liable to any other party for special or punitive damages, or indirect, incidental, consequential loss or damage, or any loss of profits, goodwill, business opportunity, business revenue or anticipated savings in relation to this Agreement, whether arising out of breach of contract, tort (including negligence) or otherwise, regardless of whether the relevant loss was foreseeable or the party has been advised of the possibility of such loss or damage, or that such loss was in contemplation of the other party.

Appears in 3 contracts

Samples: Services Agreement (Weitz Funds), Services Agreement (Allianz Variable Insurance Products Fund of Funds Trust), Services Agreement (Allianz Variable Insurance Products Trust)

MUTUAL EXCLUSION OF CONSEQUENTIAL DAMAGES. Except for any liquidated damages agreed by the parties related to an unexcused termination of this agreement and except for the Client’s indemnification obligations, (i) each party Party shall be liable to the other party Party only for direct damages for any liability arising under this Agreement and (ii) under no circumstances shall any party Party be liable to any other party Party for special or punitive damages, or indirect, incidental, consequential loss or damage, or any loss of profits, goodwill, business opportunity, business revenue or anticipated savings in relation to this Agreement, whether arising out of breach of contract, tort (including negligence) or otherwise, regardless of whether the relevant loss was foreseeable or the party Party has been advised of the possibility of such loss or damage, or that such loss was in contemplation of the other partyParty.

Appears in 2 contracts

Samples: Services Agreement (Dimensional ETF Trust), Services Agreement (Dimensional ETF Trust)

MUTUAL EXCLUSION OF CONSEQUENTIAL DAMAGES. Except for any liquidated damages agreed by the parties related to an unexcused termination of this agreement and except for any indemnification obligations of the Client’s indemnification obligationsClient or the Service Provider, (i) each party shall be liable to the other party only for direct damages for any liability arising under this Agreement and (ii) under no circumstances shall any party be liable to any other party for special or punitive damages, or indirect, incidental, consequential loss or damage, or any loss of profits, goodwill, business opportunity, business revenue INTERNAL or anticipated savings in relation to this Agreement, whether arising out of breach of contract, tort (including negligence) or otherwise, regardless of whether the relevant loss was foreseeable or the party has been advised of the possibility of such loss or damage, or that such loss was in contemplation of the other party.

Appears in 1 contract

Samples: Sub Administration Services Agreement (HSBC Funds)

MUTUAL EXCLUSION OF CONSEQUENTIAL DAMAGES. Except for any liquidated damages agreed by the parties related to an unexcused termination of this agreement and except for the Client’s indemnification obligations, (i) each party Party shall be liable to the any other party Person only for direct damages for any liability arising under this Agreement and (ii) under no circumstances shall any party Party, its Affiliates or any if it’s or their directors, officers, employees or Agents be liable to any other party Person for special or punitive damages, or indirect, incidental, consequential loss or damage, or any loss of profits, goodwill, business opportunity, business revenue or anticipated savings in relation to this Agreement, whether arising out of breach of contract, tort (including negligence) or otherwise, regardless of whether the relevant loss was foreseeable or the party has been advised of the possibility of such loss or damage, or that such loss was in contemplation of the other party.

Appears in 1 contract

Samples: Sub Administration Services Agreement (Cavanal Hill Funds)

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MUTUAL EXCLUSION OF CONSEQUENTIAL DAMAGES. Except for any liquidated damages agreed by the parties related to an unexcused termination of this agreement and except for the ClientFund’s indemnification obligations, (i) each party Party shall be liable to the other party only for direct damages for any liability arising under this Agreement and (ii) under no circumstances shall any party Party, its Affiliates or any of its or their directors, officers, employees or Agents be liable to any other party Person for special or punitive damages, or indirect, incidental, consequential loss or damage, or any loss of profits, goodwill, business opportunity, business revenue or anticipated savings in relation to this Agreement, whether arising out of breach of contract, tort (including negligence) or otherwise, regardless of whether the relevant loss was foreseeable or the party has been advised of the possibility of such loss or damage, or that such loss was in contemplation of the other party.

Appears in 1 contract

Samples: Accounting and Compliance Services Agreement (Cavanal Hill Funds)

MUTUAL EXCLUSION OF CONSEQUENTIAL DAMAGES. Except for any liquidated damages agreed by the parties related to an unexcused termination of this agreement and except for any indemnification obligations of the Client’s indemnification obligationsClient or the Service Provider, (i) each party shall be liable to the other party only for direct damages for any liability arising under this Agreement and (ii) under no circumstances shall any party be liable to any other party for special or punitive damages, or indirect, incidental, consequential loss or damage, or any loss of profits, goodwill, business opportunity, business revenue or anticipated savings in relation to this Agreement, whether arising out of breach of contract, tort (including negligence) or otherwise, regardless of whether the relevant loss was foreseeable or the party has been advised of the possibility of such loss or damage, or that such loss was in contemplation of the other party.

Appears in 1 contract

Samples: Services Agreement (HSBC Funds)

MUTUAL EXCLUSION OF CONSEQUENTIAL DAMAGES. Except for any liquidated damages agreed by the parties related to an unexcused termination of this agreement and except for the Client’s indemnification obligations, (i) each party Each Party shall be liable to the other party Party only for direct damages for any liability arising under this Agreement and (ii) under no circumstances shall any party Party be liable to any other party for special or punitive damages, or indirect, incidental, consequential loss or damage, or any loss of profits, goodwill, business opportunity, business revenue or anticipated savings in relation to this Agreement, whether arising out of breach of contract, tort (including negligence) or otherwise, regardless of whether the relevant loss was foreseeable or the party Party has been advised of the possibility of such loss or damage, or that such loss was in contemplation of the other partyParty.

Appears in 1 contract

Samples: Services Agreement (Nushares ETF Trust)

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