Waiver of Consequential Damages and Limitation of Liability. The liability of a defaulting Party will be limited to direct, actual damages. Neither Party shall be liable to the other Party for any special, indirect, incidental or consequential damages whatsoever, whether in contract, tort (including negligence) or strict liability, including, but not limited to, operational losses in the performance of business such as lost profits or revenues or any increase in operating expense. Additionally, each Party waives any claims for negligence against the other Party to the fullest extent permitted by Applicable Law.
Waiver of Consequential Damages and Limitation of Liability. Except as provided in Attachment G in connection with the Savings and Performance Guarantee, neither Party shall be liable to the other Party for any special, indirect, incidental, consequential or punitive damages, however caused and on any theory of liability. "Consequential damages" includes, but is not limited to, operational losses in the performance of business including lost revenues and any increase in operating expense, and any lost profits. It is expressly understood and agreed to by both Parties that each Party's liability to the other shall be limited to reimbursement of only those Losses arising solely from a Party's breach of this Contract, negligence or willful misconduct. "Losses" means claims, actions, direct damages, liabilities, costs and/or expenses (including reasonable attorneys' fees).
Waiver of Consequential Damages and Limitation of Liability. The liability of a defaulting Party will be limited to direct, actual damages only and all other damages and remedies are waived. Under no circumstances will either Party be liable to the other Party for any special, indirect, incidental, consequential or punitive damages, lost profits or business interruption damages, however caused and on any theory of liability. "Consequential damages" includes, but is not limited to, operational losses in the performance of business including lost revenues and any increase in operating expense, and any lost profits. It is expressly understood and agreed by both Parties that each Party's liability to the other will be limited to reimbursement of only those Losses arising solely from a Party's breach of this Contract, negligence or willful misconduct.
Waiver of Consequential Damages and Limitation of Liability. The liability of a defaulting Party to the other Party hereunder will be limited to direct, actual damages. Neither Party shall be liable to the other Party for any special, indirect, incidental or consequential damages whatsoever, whether in contract, tort (including negligence) or strict liability, including, but not limited to, operational losses in the performance of business such as lost profits or revenues or any increase in operating expense; provided that third party damages subject to indemnification by a Party under this Contract will not be limited by this Section 11.02. Additionally, each Party waives any claims for negligence (other than gross negligence) against the other Party to the greatest extent permitted by law; provided that this waiver of negligence claims does not apply to a Party’s indemnification obligations under this Contract. In no event will OpTerra Energy Services be liable to ConFire for any Losses that collectively exceed the Contract Amount, regardless of whether such amounts arise out of breach of contract, guarantee or warranty, tort, product liability, contribution, strict liability or any other legal theory.
Waiver of Consequential Damages and Limitation of Liability. In no event shall either party be liable to the other, or their respective employees, subcontractors and/or agents, or any third party, for any indirect, incidental, special, consequential, punitive damages, or lost profits for any claim or demand of any nature of kind arising out of or in connection with this Master Service Agreement or the performance or breach thereof and regardless of whether any such claim arises out of breach of contract or warranty, tort, negligence, product liability, misrepresentation, indemnity, contribution, strict liability, equity, or any other legal theory, even in the parties are advised of the possibilities of such damages. Notwithstanding anything to the contrary contained in this Contract, the total aggregate liability of Contractor with respect to all claims of any kind whether in contract, warranty, indemnity, tort (including negligence), or other contractual or extra contractual liability of any nature, strict liability, or otherwise, and under any system, theory or principle of law, arising out of the performance or breach of this Contract, or relating to the Services, shall in no event exceed the lesser of (a) $20,000,000, and (b) aggregate amount of all payments made to the Contractor under this Contract. ARTICLE 52: Modification of Exhibit B and Exhibit C Contractor and PREPA may supplement or amend the rates set forth on Exhibit B and Exhibit C by written amendment between the parties. ARTICLE 53:
Waiver of Consequential Damages and Limitation of Liability a. WAIVER OF CONSEQUENTIAL DAMAGES. UNDER NO CIRCUMSTANCES SHALL EITHER PARTY, OR ITS SUPPLIERS, RESELLERS, PARTNERS OR THEIR RESPECTIVE AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO THE PRODUCT, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
Waiver of Consequential Damages and Limitation of Liability. The liability of a defaulting Party, in connection with this Contract or any analysis, report, or other deliverables provided hereunder, will be limited to direct, actual damages. Neither Party will be liable for breach of contract damages that the breaching Party could not have reasonably foreseen on entry into this Contract. Neither Party shall be liable to the other Party for any special, indirect, incidental or consequential damages whatsoever, whether in contract, tort (including negligence) or strict liability, including, but not limited to, operational losses in the performance of business such as lost profits or revenues or any increase in operating expense.
Waiver of Consequential Damages and Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM ANY PROVISION OF THIS AGREEMENT, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. EXCEPT FOR THE PAYMENT OBLIGATIONS SET FORTH HEREIN, IN NO EVENT SHALL EITHER PARTY'S LIABILITY UNDER THIS AGREEMENT EXCEED THE TOTAL AMOUNTS PAID BY IOWN TO HC HEREUNDER.
Waiver of Consequential Damages and Limitation of Liability. Contractor and CHA will not be liable for any special, indirect, consequential, incidental, exemplary or punitive damages, or for any lost profits, lost savings, or lost business opportunity of the other party even if other party had reason to be aware of the possibility of such damages. Except where Contractor acted with recklessness or willful misconduct, Contractor’s liability and any liability of its personnel will not exceed three times the fees actually paid to Contractor under the applicable Statement of Work. The limitations of liability in this Section shall apply to the fullest extent allowed by law for any claim relating to or arising from allegations that any of the Services or Deliverable(s) do not meet requirements, are deficient, or are otherwise inadequate in any manner, including without limitation to claims for negligence or other tort, breach of contract, breach of warranty, breach of fiduciary duty, or similar claims under statute or common law. This provision will survive termination of this Agreement, in whole or in part. Notwithstanding the foregoing provisions of this Section 7.07, the limitation of liability provisions immediately above shall not apply to or be construed to limit or modify the Contractor’s obligations to indemnify the CHA for bodily injuries or death, or real or tangible personal property damage, or infringement by Deliverables, as described in Section 6.02. Nor shall the foregoing provisions of this Section 7.07 be construed to limit Contractor’s liability for damages to third parties.
Waiver of Consequential Damages and Limitation of Liability. 13.1 Neither Party will be liable to the other Party’s Group under any theory including contract and tort (including negligence and strict products liability) for any indirect, special, incidental, punitive, or consequential damages arising from or related to this Agreement (including but not limited to any loss of profits or anticipated profits, use, production, product, productivity, contract or business opportunity, Data, business interruption, or cost of cover) whether direct or indirect, even if the damages or loss are foreseeable or the Party causing the damages has been advised of a specific use of, or reliance on, any information, opinions, software, or equipment and the possibility of the damages arising from them.
