Consequential Losses means any damages, costs, or liabilities, or any losses or deferments of any revenue, profit, opportunity or use, regardless of cause arising out of or in connection with the Agreement and whether or not foreseeable at the Start Date or subsequently arising, which are not immediately and directly caused by the relevant act or omission of a Party, and shall include:
Consequential Losses means: (a) consequential or indirect loss under English law and (b) loss and/or deferral of production, loss of product, loss of use, loss of revenue in each case whether direct, consequential or indirect to the extent that these are not included in (a) and whether or not foreseeable at the Effective Date.
Consequential Losses means loss of profit, loss of production, loss of use of any plant or facility, business interruption, loss of business opportunity or any other indirect, consequential, special contingent of penal damage or loss;
Examples of Consequential Losses in a sentence
Any delay in supply of the material will lead to Time-Loss, Production-Loss &/or Other Consequential Losses to BPCL.
For the avoidance of doubt, such costs must not include Consequential Losses.
Indirect and Consequential Losses (Loss of Profit etc.) Each party releases the other from all loss or liability from any and all claims in respect of all loss of profit, income, business opportunity, goodwill or reputation, and any other loss or liability which would fall within the second limb of losses referred to in Hadley v Baxendale (1854) 9 Ex 341.
For the avoidance of doubt, it is agreed that the cost to the Customer of acquiring Gas to replace Gas the Customer has been unable to withdraw as set out in this Clause 17.7 shall not be Consequential Losses.
Neither Party shall be liable to the other Party for any Consequential Losses.
More Definitions of Consequential Losses
Consequential Losses shall have the meaning given to it in Section 4.07(e).
Consequential Losses means any one or more of: loss of profits (actual or anticipated), loss of business opportunity, loss of revenue (actual or anticipated) and loss of reputation.
Consequential Losses means consequential (including lost profits or lost business opportunity), indirect, incidental or special losses (including any punitive or exemplary damages) under applicable law. “Control” means control which a person has over an Affiliate and any of the following; (i) direct or indirect ownership of fifty percent (50%) or more of the share capital or other ownership interest in any other entity; or (ii) the right to exercise fifty percent (50%) or more of the votes in any other entity; or (iii) the contractual right to designate more than half of the members of such entity's board of directors or similar executive body; or by virtue of any power conferred by the law, constitutional documents, agreements or arrangements regulating or relating to such undertaking. “Goods” means the goods available from the Supplier for purchase by Buyer and as set out in the relevant PO. “Government” means any national, regional or local government including any department, agency or other body thereof, and any enterprise owned, managed or otherwise controlled by a government agency or instrumentality. “Group Entity” means MSS or its respective Affiliates. “Intellectual Property Rights” means copyrights and related rights, patents, utility models, trademarks, service marks, trade names, topography rights, design rights and rights in databases, domain names, rights in know-how, trade secrets and all applications or pending applications for the above in all cases whether or not registerable in any country and all rights and forms of protection of a similar nature or having equivalent or similar effect anywhere in the world. “Personnel” means directors, officers and employees, agency staff, agents and invitees and other personnel retained by or engaged in business for the benefit of a Party. “Public Official” means any (a) appointed official or any director, officer or other person employed in any capacity (i) at any level of Government, (ii) in a labour union
Consequential Losses has the meaning attributed to that term in Section 9.4(6).
Consequential Losses means any damages or losses that would be considered under applicable British Columbia law to constitute consequential damages or losses, whether or not any such loss arises directly or indirectly from the incident giving rise to the claim and whether foreseeable or not, howsoever caused, even if a party knew or should have known of the possibility or likelihood or such damage or such loss.
Consequential Losses means any loss of use, loss of income, loss of profits and any loss of contract, production or revenue, or any increased cost of working or of business interruption or any other economic or financial losses, damages, costs, charges and expenses or any indirect losses howsoever caused (whether or not foreseeable at the date of this Agreement and irrespective of whether any such Consequential Loss is caused by the sole or concurrent negligence or default of either Party or any other sole or concurrent tortious act or omission or breach of this Agreement by either Party);
Consequential Losses means any loss of use, loss of income, loss of profits and any loss of contract, production or revenue, or any increased cost of working or of business interruption or any other economic or financial losses, damages, costs, charges and expenses or any indirect losses howsoever caused (whether or not foreseeable at the date of this Agreement and irrespective of whether any such Consequential Loss is caused by the sole or concurrent negligence or default of either Party or any other sole or concurrent tortious act or omission or breach of this Agreement by either Party) but so that in the event that Interconnector shall exercise its rights under clause 6 of Appendix A (General Terms and Conditions) and/or at law to terminate or suspend this Agreement then the expression “Consequential Losses” (when used in that context and in relation to losses of Interconnector) shall not include any loss of income, revenues or profits of Interconnector under this Agreement (to the intent that in such events Interconnector shall be entitled to recover loss of income, revenues or profits from the Shipper);