No Special Damages. Neither party shall be liable for any damages for lost profits, lost revenues, loss of goodwill, loss of anticipated savings, loss of data or cost of purchasing replacement services, or any indirect, incidental, special, consequential, exemplary or punitive damages arising out of the performance or failure to perform under this Agreement or any Customer Order.
Appears in 7 contracts
Samples: Master Service Agreement (Netsuite Inc), Master Service Agreement (Websidestory Inc), Master Services Agreement (Iptimize, Inc.)
No Special Damages. Neither Notwithstanding any other provision hereof, neither party shall be liable for any damages for lost loss of profits, lost loss of revenues, loss of goodwill, loss of anticipated savings, loss of data or cost of purchasing purchasing, replacement services, or any indirect, incidental, special, consequential, exemplary or punitive damages arising out of the its performance or failure to perform under this Agreement or any Customer OrderAgreement.
Appears in 3 contracts
Samples: Memorandum of Agreement, Memorandum of Agreement, Intergovernmental Agreement
No Special Damages. Neither Notwithstanding any other provision hereof, neither party shall be liable for any damages for lost loss of profits, lost loss of revenues, loss of goodwill, loss of anticipated savings, loss of data or cost of purchasing replacement services, or any indirect, incidental, special, consequential, exemplary or punitive damages arising out of the performance or failure to perform under this Agreement or any Customer Order.
Appears in 3 contracts
Samples: Master Service Agreement (Vitalstream Holdings Inc), Master Service Agreement (Callwave Inc), Master Service Agreement (Homenet Corp)
No Special Damages. Neither party shall be liable for have any damages liability for lost profits, lost revenues, loss of goodwill, loss of anticipated savings, loss of data profits or cost of purchasing replacement services, or any indirect, incidentalpunitive, special, consequential, exemplary or punitive consequential damages (including lost profits) arising out of this Agreement, even if notified of the performance or failure to perform under this Agreement or any Customer Orderpossibility of such damages.
Appears in 2 contracts
Samples: License Agreement (Chicago Mercantile Exchange Holdings Inc), License Agreement (Chicago Mercantile Exchange Inc)
No Special Damages. Neither Notwithstanding any other provision hereof other than Section 5.2 and 5.4, neither party shall be liable for any damages for lost loss of profits, lost loss of revenues, loss of goodwill, loss of anticipated savings, loss of data or cost of purchasing replacement services, or any indirect, incidental, special, consequential, exemplary or punitive damages arising out of the performance or failure to perform under this Agreement or any Customer Order.
Appears in 1 contract
No Special Damages. Neither party Notwithstanding any other provision hereof, neither Party shall be liable for any damages for lost loss of profits, lost loss of revenues, loss of goodwill, loss of anticipated savings, loss of data or cost of purchasing replacement services, or any indirect, incidental, special, consequential, exemplary or punitive damages arising out of the its performance or failure to perform under this Agreement or any Customer Order.
Appears in 1 contract
Samples: Master Services Agreement
