Waiver of Consequential Damages. Neither party shall be liable to the other for any consequential damages proximately caused or resulting from any default of this Agreement or arising out of the performance of this Agreement, and each party hereby expressly waives such damages.
Appears in 6 contracts
Samples: Participant Agreement (Pegasus Systems Inc), Participant Agreement (Pegasus Systems Inc), Travelweb Participant Agreement (Pegasus Systems Inc)
Waiver of Consequential Damages. Neither party shall be liable to the other under this Agreement for any consequential consequential, special, incidental, punitive or exemplary damages proximately caused or resulting from under any default of this Agreement or theory, arising out of the performance of activities or obligations under or related to this Agreement, and each party hereby expressly waives such damagesregardless of the acts, omissions, negligence or fault of any person.
Appears in 4 contracts
Samples: Transition Services Agreement (Kbr, Inc.), Transition Services Agreement (Kbr, Inc.), Transition Services Agreement (Kbr, Inc.)
Waiver of Consequential Damages. Neither party Notwithstanding any other provision in this Agreement, neither Party shall be liable to the other Party for any consequential damages proximately caused consequential, incidental, punitive, exemplary or resulting from any default of this Agreement indirect damages, including lost profits, or arising out of the performance of business interruption damages, whether by statute, in tort or in contract, under this Agreement, and each party hereby expressly waives such damagesor otherwise.
Appears in 3 contracts
Samples: Resource Recovery Supply Agreement (Fulcrum Bioenergy Inc), Resource Recovery Supply Agreement (Fulcrum Bioenergy Inc), Supply Agreement
Waiver of Consequential Damages. Neither Except as provided in Section 9.1, neither party shall be liable to the other for any consequential damages proximately caused or resulting from any default of this Agreement or arising out of the performance of this Agreement, and each party hereby expressly waives such damages.
Appears in 2 contracts
Samples: Travelweb Participant Agreement (Pegasus Systems Inc), Travelweb Participant Agreement (Pegasus Systems Inc)
Waiver of Consequential Damages. Neither party shall be liable to the other under this Agreement for any consequential consequential, special, indirect, incidental, punitive, or exemplary damages proximately caused or resulting from under any default of this Agreement or theory, arising out of the performance of activities or obligations under or related to this Agreement, and each party hereby expressly waives such damagesregardless of the acts, omissions, negligence, or fault of any person.
Appears in 2 contracts
Samples: Transition Services Agreement (Lone Pine Resources Inc.), Ii Transition Services Agreement (Lone Pine Resources Inc.)
Waiver of Consequential Damages. Neither In no event shall either party shall be liable to the other party for any consequential consequential, special, punitive or indirect damages proximately caused for a breach of any covenant, representation or resulting from any default of this Agreement or arising out of the performance of warranty under this Agreement, and each party hereby expressly waives such damages.
Appears in 2 contracts
Samples: Agreement of Purchase and Sale and Contribution Agreement (Inland Diversified Real Estate Trust, Inc.), Contribution Agreement (Inland Diversified Real Estate Trust, Inc.)
Waiver of Consequential Damages. Neither party shall be liable to the other under this Agreement for any consequential consequential, special, indirect, incidental, punitive or exemplary damages proximately caused or resulting from under any default of this Agreement or theory, arising out of the performance of activities or obligations under or related to this Agreement, and each party hereby expressly waives such damagesregardless of the acts, omissions, negligence, or fault of any person.
Appears in 2 contracts
Samples: Transition Services Agreement (Enova International, Inc.), Transition Services Agreement (Enova International, Inc.)
Waiver of Consequential Damages. Neither No party shall be liable to the other for any special, indirect, consequential or punitive damages proximately caused or resulting from any default of in connection with this Agreement or arising out regardless of whether such damages were contemplated and regardless of the performance form of this Agreement, and each party hereby expressly waives such damagesaction.
Appears in 2 contracts
Samples: Pledge and Security Agreement (Hanesbrands Inc.), Credit Agreement (Hanesbrands Inc.)
Waiver of Consequential Damages. Neither party shall be liable to the other for any special, indirect or consequential damages proximately caused or resulting from any default of this Agreement or arising out of the performance of this Agreement, and each party hereby expressly waives such damagesincluding, without limitation, loss of profit or business interruptions, however same may be caused.
Appears in 1 contract
Samples: Bayard Drilling Technologies Inc
Waiver of Consequential Damages. Neither party shall be liable have liability to the other for any consequential damages proximately caused or resulting from any default of with respect to their obligations under this Agreement or arising out otherwise for consequential, exemplary, incidental, or punitive damages, including loss of profits, even if they had been advised of the performance possibility of this Agreement, and each party hereby expressly waives such damages.
Appears in 1 contract
Samples: www.silversands.co.uk
Waiver of Consequential Damages. Neither party shall be liable have liability to the other for any consequential damages proximately caused or resulting from any default of with respect to their obligations under this Agreement or arising out otherwise for conse- quential, exemplary, incidental, or punitive damages, including loss of profits, even if they had been advised of the performance possibility of this Agreement, and each party hereby expressly waives such damages.
Appears in 1 contract
Samples: www.silversands.co.uk