Common use of No Consequential Damages Clause in Contracts

No Consequential Damages. Notwithstanding any other provision set forth in this Agreement, in no event (including, without limitation, any termination of this Agreement with or without cause) will either party be liable to the other party for any indirect, special or consequential damages whatsoever, (including, without limitation, lost profits) arising out of or relating to this Agreement or either party’s performance under this Agreement.

Appears in 12 contracts

Samples: Transitional Sales Agreement (WHITEWAVE FOODS Co), Transitional Sales Agreement (WHITEWAVE FOODS Co), Packing Agreement (WHITEWAVE FOODS Co)

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No Consequential Damages. Nothing in this Agreement is intended to cause either Party to be, and neither Party shall be, liable to the other Party for any lost business, lost profits or revenues from others or other special or consequential damages, all claims for which are hereby irrevocably waived by Utility and Owner. Notwithstanding the foregoing, none of the payments for Environmental Attributes or any other provision set forth in amount specified as payable by Utility to Owner under the terms of this Agreement, in no event (including, without limitation, any Agreement upon the termination of this Agreement with or without cause) will either party shall be liable to the other party for any indirect, special or deemed consequential damages whatsoever, (including, without limitation, lost profits) arising out of or relating to this Agreement or either party’s performance under this Agreementdamages.

Appears in 9 contracts

Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement

No Consequential Damages. ‌ Nothing in this Agreement is intended to cause either Party to be, and neither Party shall be, liable to the other Party for any lost business, lost profits or revenues from others or other special or consequential damages, all claims for which are hereby irrevocably waived by Customer and Provider. Notwithstanding the foregoing, none of the payments for the Energy or any other provision set forth in amount specified as payable by Customer to Provider under the terms of this Agreement, in no event (including, without limitation, any Agreement upon the termination of this Agreement with or without cause) will either party shall be liable to the other party for any indirect, special or deemed consequential damages whatsoever, (including, without limitation, lost profits) arising out of or relating to this Agreement or either party’s performance under this Agreement.damages

Appears in 6 contracts

Samples: Power Purchase Agreement, Power Purchase and Storage Services Agreement, Power Purchase Agreement

No Consequential Damages. Nothing in this Agreement is intended to cause either Party to be, and neither Party shall be, liable to the other Party for any lost business, lost profits or revenues from others or other special or consequential damages, all claims for which are hereby irrevocably waived by Customer and Provider. Notwithstanding the foregoing, none of the payments for the Energy or any other provision set forth in amount specified as payable by Customer to Provider under the terms of this Agreement, in no event (including, without limitation, any Agreement upon the termination of this Agreement with or without cause) will either party shall be liable to the other party for any indirect, special or deemed consequential damages whatsoever, (including, without limitation, lost profits) arising out of or relating to this Agreement or either party’s performance under this Agreement.damages

Appears in 5 contracts

Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement

No Consequential Damages. Nothing in this Agreement is intended to cause either Party to be, and neither Party shall be, liable to the other Party for any lost business, lost profits or revenues from others or other special or consequential damages, all claims for which are hereby irrevocably waived by Utilities and Owner. Notwithstanding the foregoing, none of the payments for Environmental Attributes or any other provision set forth in amount specified as payable by Utilities to Owner under the terms of this Agreement, in no event (including, without limitation, any Agreement upon the termination of this Agreement with or without cause) will either party shall be liable to the other party for any indirect, special or deemed consequential damages whatsoever, (including, without limitation, lost profits) arising out of or relating to this Agreement or either party’s performance under this Agreementdamages.

Appears in 4 contracts

Samples: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement

No Consequential Damages. Notwithstanding any other provision set forth Except as otherwise provided in this Agreement, in it is agreed that no event (including, without limitation, any termination of this Agreement with or without cause) Party hereto will either party be liable responsible to the other party others for any indirect, special special, incidental or consequential damages whatsoever, loss or damage whatsoever (including, without limitation, including lost profitsprofits and opportunity costs) arising out of or relating to this Agreement or either party’s performance under this Agreement.

Appears in 3 contracts

Samples: Stockholders' Agreement (U S Energy Systems Inc), Stockholders' Agreement (Ginsburg Robert), Shareholders' Agreement (U S Energy Systems Inc)

No Consequential Damages. Notwithstanding any other provision set forth anything to the contrary contained in this Agreement, in under no event (including, without limitation, any termination of this Agreement with or without cause) will circumstances shall either party be liable to the other party for any indirect, incidental, consequential, special or consequential exemplary damages whatsoever(even if such party has been advised of the possibility of such damages), (includingarising from any provision of this agreement, without limitationsuch as, but not limited to, loss of revenue or anticipated profits or lost profits) arising out of or relating to this Agreement or either party’s performance under this Agreementbusiness.

Appears in 2 contracts

Samples: License Agreement (Inter Parfums Inc), License Agreement (Inter Parfums Inc)

No Consequential Damages. Notwithstanding any other provision set forth in this Agreement, in no event (including, without limitation, any termination of this Agreement with or without cause) will either party be liable to the other party for any indirect, special or consequential damages whatsoever, whatsoever (including, without limitation, lost profits) arising out of or relating to this Agreement or either party’s performance under this Agreement.

Appears in 2 contracts

Samples: Co Pack Agreement (TreeHouse Foods, Inc.), Co Pack Agreement (TreeHouse Foods, Inc.)

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No Consequential Damages. Notwithstanding any other provision set forth Except as otherwise provided in this Agreement, in it is agreed that no event (including, without limitation, any termination of this Agreement with or without cause) party hereto will either party be liable responsible to the other party others for any indirect, special special, incidental or consequential damages whatsoever, loss or damage whatsoever (including, without limitation, including lost profitsprofits and opportunity costs) arising out of or relating to this Agreement or either party’s performance under this Agreement.

Appears in 2 contracts

Samples: Subscription Agreement (Cinergy Corp), Subscription Agreement (U S Energy Systems Inc)

No Consequential Damages. Notwithstanding any other provision set forth in this Agreement, in no event (( including, without limitation, any termination of this Agreement with or without cause) will either party be liable to the other party for any indirect, special special, incidental, punitive or consequential damages whatsoever, (including, without limitation, lost profits) , arising out of or relating to this Agreement or either party’s performance under this Agreement.

Appears in 1 contract

Samples: Private Label Agreement

No Consequential Damages. Notwithstanding any other provision set forth anything contained in this Agreement------------------------ Agreement to the contrary, in no event (including, without limitation, any termination of this Agreement with or without cause) will either party shall be liable to the other party for any indirect, special special, punitive or consequential damages whatsoever, loss or damage (including, without limitation, lost profitsincluding any loss of revenue or profit) arising out of or relating to this Agreement or either party’s performance under this Agreement. Both parties shall mitigate their damages.

Appears in 1 contract

Samples: Asset Purchase Agreement (Powerwave Technologies Inc)

No Consequential Damages. Notwithstanding any other provision set forth in this Agreement, in no event (including, without limitation, any termination of this Agreement with or without cause) will either party be liable to the other party for any indirect, special or consequential damages whatsoever, (including, without limitation, lost profits) arising out of or relating to this Agreement or either party’s 's performance under this Agreement.

Appears in 1 contract

Samples: Co Packing Agreement (Teo Foods Inc)

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