CONSEQUENTIAL DAMAGES EXCLUDED. Aramex India shall not be liable in any event for any consequential or special or incidental damage or other indirect loss howsoever arising, whether or not Aramex India had knowledge that such damage might be incurred, including, but not limited to loss of income, profits, interest, utility or loss of market.
CONSEQUENTIAL DAMAGES EXCLUDED. Except for third party claims subject to Sections 8.1 and 8.2 neither party shall be liable to the other, and Co-Broker shall not be liable to Shipper for any incidental, indirect or consequential damages, such as, but not limited to, loss of profits, loss of market, loss of customer goodwill, assembly line shutdowns, or punitive or exemplary damages, regardless of whether the claim for such damages sounds in contract, tort, breach of warranty, consumer fraud, or otherwise.
CONSEQUENTIAL DAMAGES EXCLUDED. Notwithstanding anything to the contrary elsewhere in this Agreement or at law, no party shall, in any event, be liable to the other party for any indirect or consequential damages, including without limitation, loss of revenue, cost of capital, loss of business reputation or opportunity and costs arising under or in connection with this Agreement.
CONSEQUENTIAL DAMAGES EXCLUDED. IN NO EVENT WILL PROS BE LIABLE TO YOU WITH RESPECT TO THE PROVISION OR USE OF THE SOFTWARE OR PURSUANT TO THIS AGREEMENT UNDER ANY THEORY (INCLUDING CONTRACT AND TORT) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING (BUT NOT LIMITED TO) DAMAGES FOR LOSS OF DATA, LOSS OF USE, LOSS OF OPPORTUNITY, LOSS OF GOODWILL, LOSS OF BUSINESS, AND/OR HARDWARE MALFUNCTION, EVEN IF YOU ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CONSEQUENTIAL DAMAGES EXCLUDED. Neither Party shall be liable for any loss of profits, goodwill, business, Customers, contracts, revenue, the use of money, contractual penalties imposed by third parties, anticipated savings or data; or any special, indirect or consequential loss and such liability is excluded whether it is foreseen, foreseeable, known or otherwise. For the purposes of clarity it is recorded that the provisions of this clause 18.2 apply whether such loss is direct, indirect, consequential or otherwise, but shall not apply to any claim by Cybersmart in respect of any fees payable by the Customer for services rendered, or in respect direct contractual damages as a result of a breach by the Customer of any provision of this Agreement.
CONSEQUENTIAL DAMAGES EXCLUDED. Where a Participant under any provision hereof or at law is liable to the other Participant, such liability, notwithstanding any other provision hereof, shall be restricted to direct losses, claims, damages and liabilities incurred by the Participant suffering the same and no Participant shall be required to indemnify the other for indirect or consequential damages such as, but not limited to, loss of profit, interest or production.
CONSEQUENTIAL DAMAGES EXCLUDED. SEACOM MANAGED SERVICES (PTY) LTD shall not be liable to the Client for any loss of profits, loss of business, depletion of goodwill or similar losses, loss of anticipated savings, loss of goods, loss of use, interruption or reduction of operation, loss or corruption of data (including the recovery thereof), loss of production, loss of contracts or for any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses that may be suffered by the Client, even if advised of the possibility of such damages and regardless of whether the action is brought in tort (including without limitation for negligence or breach of statutory duty howsoever arising), contract, misrepresentation (whether innocent or negligent) or otherwise
CONSEQUENTIAL DAMAGES EXCLUDED. EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED IN THIS AGREEMENT, NEITHER PARTY SHALL BE LIABLE TO THE OTHER AND CARRIER SHALL NOT BE LIABLE TO SHIPPER OR INDEMNIFY BROKER FOR ANY LIABILITY TO SHIPPER FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGES (SUCH AS, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF MARKET, LOSS OF CUSTOMER GOODWILL, ASSEMBLY LINE SHUTDOWNS, OR PUNITIVE OR EXEMPLARY DAMAGES), REGARDLESS OF WHETHER THE CLAIM FOR SUCH DAMAGES SOUNDS IN CONTRACT, TORT, BREACH OF WARRANTY, CONSUMER FRAUD, OR OTHERWISE. Broker shall indemnify Carrier (including the Carrier’s employees and agents) and hold Carrier harmless from and against all claims by a Shipper for any indirect or consequential damages, or liabilities, losses, damages, fines, penalties, payments, costs and expenses (including reasonable legal fees) arising from such claims.
CONSEQUENTIAL DAMAGES EXCLUDED. HYMAX shall not be liable to the Client for any loss of profits, loss of business, depletion of goodwill or similar losses, loss of anticipated savings, loss of goods, loss of use, interruption or reduction of operation, loss or corruption of data (including the recovery thereof), loss of production, loss of contracts or for any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses that may be suffered by the Client, even if advised of the possibility of such damages and regardless of whether the action is brought in tort (including without limitation for negligence or breach of statutory duty howsoever arising), contract, misrepresentation (whether innocent or negligent) or otherwise
CONSEQUENTIAL DAMAGES EXCLUDED. In no event shall either party be liable for indirect, incidental, consequential, special, punitive or exemplary damages arising out of the performance or non- performance under an order form or service schedule or otherwise out of or in respect of this agreement (even if a party has been advised of the possibility of such damages), such as, but not limited to, loss of revenue or business, costs of delay, costs of lost or damaged data or documentation or restoration costs, under any contract, negligence, strict liability or other legal or equitable theory.
