Common use of Waiver of Consequential Damages Clause in Contracts

Waiver of Consequential Damages. In no event, whether based on contract, indemnity, warranty, tort (including, as the case may be, a Party’s own negligence) or otherwise, shall either Party be liable to the other Party or to any other person or party for or with respect to any claims for consequential, indirect, punitive, exemplary, special or incidental damages or otherwise.

Waiver of Consequential Damages. In no eventevent shall the Parties be liable to each other, and each Party specifically waives as against the other, any and all claims for consequential, incidental, indirect, special or punitive damages resulting in any way from performance or non-performance of this Agreement, whether based on contract, indemnity, such damages are characterized as arising under breach of contract or warranty, tort (includingincluding negligence), as the case may befault, a Party’s own negligence) strict liability, indemnity, or otherwise, shall either Party be liable to the other Party or to any other person or party for or with respect to any claims for consequential, indirect, punitive, exemplary, special or incidental damages or otherwisetheory of legal liability.

Waiver of Consequential Damages. In no event, whether based on contract, indemnity, warranty, tort (including, as the case may be, a Partyparty’s own negligence) or otherwise, shall either Party party be liable to the other Party party or to any other person or party for or with respect to any claims for consequential, indirect, punitive, exemplary, special or incidental damages or otherwise.

Waiver of Consequential Damages. In no eventTo the fullest extent permitted by applicable law, whether based on contract, indemnity, warranty, tort (including, as the case may be, a Party’s own negligence) or otherwise, shall either Party be liable and notwithstanding anything herein to the other contrary, no Party or will have any liability to any other person or party entity under this Agreement for or with respect to any claims for consequentialspecial, indirect, punitive, exemplary, special incidental, consequential or incidental punitive damages or otherwise(as opposed to direct and actual damages).

Waiver of Consequential Damages. In no event, whether based on contract, indemnity, warranty, tort (including, as the case may be, a Party’s own negligence) or otherwise, event shall either Party be liable to the other Party or to for, and each Party expressly waives against the other Party, any other person or party for or with respect to any claims Claim for consequential, indirect, punitive, exemplaryincidental, special or incidental damages indirect loss or otherwisedamages, including but not limited to loss of revenue, loss of profit or use in any way arising out, incident to or in connection with this Agreement.

Waiver of Consequential Damages. In no event, whether based on contract, indemnity, warranty, tort (including, as the case may be, Except for breaches of License grants or of a Party’s own negligence) or otherwiseconfidentiality obligations, shall in no event will either Party be liable to the other Party for any lost profits, lost savings, or to any other person incidental, special, punitive or party for or with respect to any claims for consequentialconsequential damages, indirecteven if such Party has been advised of the possibility of such damages, punitivewhether in an action under statute, exemplary, special or incidental damages contract. tort (including negligence) or otherwise. arising out of or in connection with this Agreement or in connection with the granting or use of the Licenses hereunder.

Waiver of Consequential Damages. In no eventEach Party hereby (a) waives all rights to special, indirect, incidental or consequential damages of any kind or nature whatsoever, whether based on in contract, indemnity, warranty, tort (including, as the case may be, a Party’s own negligenceincluding negligence or strict liability) or otherwise, in each case arising out of or related to the Transactions and (b) acknowledges that in no event shall either any Party be liable to the any other Party or to any other person or party for or with respect to any claims for consequential, indirect, punitive, exemplary, special or incidental such damages or otherwisedescribed in clause (a).

Waiver of Consequential Damages. In no event, whether based on contract, indemnity, warranty, tort (including, as the case may be, a Partyparty’s own negligence) or otherwise, shall either Party party be liable to the other Party party or to any other person or party for or with respect to any claims for consequential, indirect, punitive, exemplary, special or incidental damages or otherwise; provided, however, that this provision shall not limit in any way a party’s right to payment of the Termination Payment pursuant to Section 6.02 hereof or payments pursuant to Section 9.01 hereof.

Waiver of Consequential Damages. In no eventNotwithstanding any provision of this Agreement or otherwise to the contrary, neither Party or any of its Affiliates shall be liable (whether based on in contract, indemnitytort, misrepresentation, warranty, tort (includingnegligence, as the case may be, a Party’s own negligence) strict liability or otherwise, shall either Party be liable ) to the other Party or to its Affiliates for any other person or party for or with respect to any claims for consequentialspecial, indirect, punitiveincidental or consequential damages arising out of or in connection with this Agreement, exemplaryor the performance, special non-performance or incidental breach hereunder, except to the extent that such damages or otherwiseare reasonably foreseeable and reasonably quantifiable.

Waiver of Consequential Damages. In Notwithstanding anything herein to the contrary, no event, whether based on contract, indemnity, warranty, tort (including, as the case may be, a Party’s own negligence) Party or otherwise, its Affiliates shall either Party be liable to the any other Party or to its Affiliates for any other person or party for or with respect to any claims for consequential, incidental, special, indirect, punitiveexemplary or punitive damages of any nature, exemplarywhether sought in contract or in tort and regardless of rules relating to strict liability, special comparative or incidental damages contributory negligence, or otherwiseintentional or willful misconduct.

Waiver of Consequential Damages. In no event, whether based on contract, indemnity, warranty, tort (including, as the case may be, a Partyparty’s own negligence) or otherwise, shall either Party party be liable to the other Party party or to any other person or party for or with respect to any claims for consequential, indirect, punitive, exemplary, special or incidental damages or otherwise; provided, however, that this provision shall not limit in any way a party's right to payment of the Termination Payment pursuant to Section 6.02 hereof.

Waiver of Consequential Damages. In To the extent permitted by law, in no event, whether based on contract, indemnity, warranty, tort (including, as the case may be, a Partyparty’s own negligence) or otherwise, neither party shall either Party be liable to the other Party party or to any other person or party for or with respect to any claims for consequential, indirect, punitive, exemplary, special or incidental damages or otherwise; provided, however, that this provision shall not limit in any way a party's right to payment of the Termination Payment pursuant to Section 6.02 hereof.

Waiver of Consequential Damages. In no event, whether based on contract, indemnity, warranty, tort (including, as the case may be, a Party’s own negligence) or otherwise, event shall either Party be liable to the other Party or to for, and each Party expressly waives against the other Party, any other person or party for or with respect to any claims claim for consequential, indirect, punitive, exemplaryincidental, special or incidental damages indirect loss or otherwisedamages, including but not limited to loss of revenue, loss of profit or use in any way arising out, incident to or in connection with this Agreement.

Waiver of Consequential Damages. In no eventevent shall the Parties be liable to each other, and each Party specifically waives as against the other, any and all claims for consequential, incidental, indirect, special or punitive damages resulting in any way from performance or non-performance of this Agreement, whether based on contract, indemnity, such damages are characterized as arising under breach of contract or warranty, tort (includingincluding negligence), as the case may befault, a Party’s own negligence) strict liability, indemnity, or otherwise, shall either Party be liable to the other Party or to any other person or party for or with respect to any claims for consequential, indirect, punitive, exemplary, special or incidental damages or otherwisetheory of legal liability.”

Waiver of Consequential Damages. In no eventEach Party hereby (i) waives all rights to special, indirect, incidental or consequential damages of any kind or nature whatsoever, whether based on in contract, indemnity, warranty, tort (including, as the case may be, a Party’s own negligenceincluding negligence or strict liability) or otherwise, in each case arising out of or related to the Transactions and (ii) acknowledges that in no event shall either any Party be liable to the any other Party or to any other person or party for or with respect to any claims for consequential, indirect, punitive, exemplary, special or incidental such damages or otherwisedescribed in clause (i).

Waiver of Consequential Damages. In no eventevent shall the Parties be liable to each other, and each party specifically waives as against the other, any and all claims for consequential, incidental, indirect, special or punitive damages resulting in any way from performance or non-performance of this Agreement, whether based on contract, indemnity, such damages are characterized as arising under breach of contract or warranty, tort (includingincluding negligence), as the case may befault, a Party’s own negligence) strict liability, indemnity, or otherwise, shall either Party be liable to the other Party or to any other person or party for or with respect to any claims for consequential, indirect, punitive, exemplary, special or incidental damages or otherwisetheory of legal liability.

Waiver of Consequential Damages. In no event, whether based on contract, indemnity, warranty, tort (including, as the case may be, a Party’s own negligence) or otherwise, shall either Party be liable to the other Party or to any other person or party for or with respect to any claims Claims for consequential, indirect, punitive, exemplary, special or incidental damages or otherwise.

Waiver of Consequential Damages. In no eventevent shall the Parties be liable to one another for, and they each waive, any and all claims for indirect, incidental or consequential damages of any nature, whether based on in contract, indemnity, warranty, tort (including, as the case may be, a Party’s own including negligence) or otherwiseother legal theory; provided, however, that the foregoing shall either Party be liable not apply to or affect the other Party liability of ERC or to any other person of their directors, officers, employees or party for agents, arising out of fraud or with respect to intentional misrepresentation or any claims for consequential, indirect, punitive, exemplary, special or incidental damages or otherwiseliability under Section 8.1.