Direct Damages means actual damages or losses suffered by me or any other party (if caused by you) and shall not include any compensation for special, punitive, indirect, incidental or consequential damages or losses, including but not limited to loss of profits, business or value, whether or not foreseeable.
Direct Damages means actual, direct damages incurred by the claiming party which include, by way of example (a) erroneous payments made by PROVIDER or CUSTOMER as a result of a failure by PROVIDER to perform its obligations under an MOA or PSA, (b) the costs to correct any deficiencies in the Services, (c) the costs incurred by CUSTOMER to transition to another provider of Services and/or to take some or all of such functions and responsibilities in-house, (d) the difference in the amounts to be paid to PROVIDER hereunder and the charges to be paid to such other provider and/or the costs of providing such functions, responsibilities and tasks in-house, and (e) similar damages. “Direct Damages” shall not include, and neither party or its Affiliates shall be liable for, any indirect, special, incidental, exemplary, punitive or consequential damages (including, without limitation, any loss of data or records, lost profits or other economic loss) arising out of its breach, negligence or any of the Excluded Matters, even if the other party or its Affiliates have been advised of the possibility of or could have foreseen such damages, provided that any such damages relating to a Third Party Claim shall be considered Direct Damages. For the avoidance of doubt, PROVIDER shall remain liable for all Direct Damages regardless of whether such damages are the subject of any reinsurance arrangement entered into by CUSTOMER. Direct Damages shall be calculated and paid on an After-Tax Basis, net of Insurance Proceeds, in the manner described in Section 12.3.
Examples of Direct Damages in a sentence
Any such losses or damages that you are liable for will be limited to Direct Damages only.
PSYCHOLOGICAL EVALUATION SERVICES The OYA is seeking to establish a list of qualified professionals to provide psychological evaluation services as needed for youth in OYA custody.
Any liability that the Bank may have to you or any other party under these terms and conditions is limited to Direct Damages only.
Any liability that the Citibank may have to the Applicant and/or Eligible Person or any other party (if any) is limited to Direct Damages only.
The authors would like to thank Caleb Wesley, Chris Gill, and Jeff Kemble for their substantial technical contribution to this project.
More Definitions of Direct Damages
Direct Damages means actual, direct damages incurred by the claiming party which include, by way of example but without limitation, the costs to correct any deficiencies in the Data rendered by Provider and similar damages, but "Direct Damages" shall not include (A) loss of interest, profit or revenue of the claiming party or (B) incidental, consequential, special, indirect, punitive or exemplary damages suffered by the claiming party arising from or related to this Agreement, even if such party has been advised of the possibility of such losses or damages described in (A) and (B) above.
Direct Damages means any injury or loss incurred by one Party as a direct result of or directly caused by the other Party’s failure to perform the other Party’s obligations or responsibilities under the Services Agreement and includes any monetary fines, penalties or interest levied against CCH with respect to Vendor’s failure.
Direct Damages means actual, direct damages incurred by the claiming Party which include, by way of example but without limitation, (i) costs of recreating or reloading any Customer Data or Clinic Data (ii) costs of implementing a workaround in connection with a failure to provide any or all of the Services; (iii) costs of replacing lost or damaged equipment, software and materials, (iv) costs and expenses incurred by Customer to correct errors in software maintenance and enhancements provided as part of the Services or any part thereof; (v) costs and expenses incurred by Customer to procure the Services from an alternate source, to the extent in excess of Vendor's charges under this Agreement, where permitted under this Agreement, (vi) straight time, overtime, or related expenses incurred by the Other Party, including, overhead allocations of the other Party for the employees, wages, and salaries of additional employees, travel expenses, overtime expenses, telecommunication charges, and similar charges of the other Party, due to a Party's breach of its obligations under this Agreement; (vii) payments or penalties imposed by a regulatory agency for failure to comply with deadlines; (viii) the Service Credits; and (ix) similar damages; provided, however, "Direct Damages" shall not include (A) loss of interest, profit or revenue of the claiming Party or (B) incidental, consequential, special or indirect damages suffered by the claiming Party (except as to the damages described in (A) and (B) are included as a part of the Service Credits or as otherwise provided for in this Agreement) and shall not include punitive or exemplary damages suffered by the claiming Party arising from or related to this Agreement, even if such Party has been advised of the possibility of such losses or damages. DISASTER RECOVERY PLAN Shall have the meaning set forth in SECTION 17. DISPUTES Shall have the meaning set forth in SECTION 22(a). EFFECTIVE DATE Shall be May 1, 1999.
Direct Damages means all net profits Property Manager would have earned under this Agreement from the date of such termination until the date Owner could have validly terminated this Agreement. Owner and Property Manager expressly agree that Direct Damages shall not include any punitive or consequential damages, including, for example and not by way of limitation, any damages or losses arising from or related to the effect of such termination on Property Manager's overall operations.