Special and Consequential Damages. The indemnification provided in Section 7 of this CO&M Agreement shall include without limitation claims made by any Person for special, indirect, consequential or punitive damages; otherwise, neither Party shall have any liability hereunder to the other Party for any special, indirect, consequential or punitive damages.
Special and Consequential Damages. Except as provided in Section 8 of this Management Services Agreement, neither party shall have any liability hereunder to the other party for any special, indirect, consequential or punitive damages.
Special and Consequential Damages. In no event shall either party be liable to the other for special or consequential damages as a result of its performance or nonperformance of this Agreement, and each party hereby waives and releases the other from those specific types of damages.
Special and Consequential Damages. Notwithstanding the provisions of Section 11.1 and 11.2, neither Customer nor Contractor shall be liable for any special or consequential damages sustained by the other in connection with their respective performance or non-performance under this Agreement.
Special and Consequential Damages. 69 15.17 COUNTERPARTS............................................... 70 15.18
Special and Consequential Damages. No party or any Affiliate thereof shall be liable to any other party for any exemplary or punitive damages or for loss of profits or consequential losses (other than such exemplary or punitive damages or loss of profits or consequential losses for which such party is liable to a Person not party (or an Affiliate of a party) to this Agreement) arising in connection with the Gathering System or this Agreement, EVEN IF CAUSED BY THE SOLE, JOINT, CONTRIBUTORY AND/OR COMPARATIVE NEGLIGENCE, STRICT LIABILITY, AND/OR OTHER FAULT OF SUCH PARTY OR AFFILIATE.
Special and Consequential Damages. NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF USE, INTERRUPTION OF BUSINESS, LOSS OF DATA, LOST PROFITS, LOST REVENUES OR THE COST OF PURCHASING REPLACEMENT SERVICES, ARISING OUT OF THE PERFORMANCE OR FAILURE TO PERFORM THE SERVICES OR A BREACH OF THIS AGREEMENT OR AN SOW, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED ON BREACH OF CONTRACT, TORT (INCLUDING ALL FORMS OF NEGLIGENCE), STRICT LIABILITY, BREACH OF WARRANTY, FAILURE OF ESSENTIAL PURPOSE OR OTHERWISE, AND EVEN IF ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES. NAW SHALL NOT BE LIABLE, IN CONTRACT, TORT OR ANY OTHER THEORY FOR: (I) UNAUTHORIZED NONPHYSICAL ACCESS, ALTERATION, THEFT, CORRUPTION OR DESTRUCTION OF OR TO CUSTOMER’S OR ITS CUSTOMERS’, END USERS’ OR OTHER PARTIES’ COMPUTER FILES, DATABASES, NETWORK, TRANSMISSION FACILITIES OR EQUIPMENT, OR (II) THE CONTENT, ACCURACY OR COMPLETENESS OF ANY CLIENT DATA TRANSMITTED THROUGH THE SERVICES.
Special and Consequential Damages. Neither party shall be liable for any special or consequential damages of the other party, regardless of whether such party was aware of the possibility of such damages.
Special and Consequential Damages. Neither the Partners, the Managing Partner, the Partnership, nor the members of the Management Committee or any subcommittee thereof shall be liable to the other for any exemplary or punitive damages or for loss of profits or consequential losses arising in connection with the Partnership Operations or this Agreement.
Special and Consequential Damages. None of the Parties, shall be liable to the other for any exemplary or punitive damages, or for loss of profits, or consequential losses, arising in connection with this Agreement.
