Damage Exclusions Sample Clauses

Damage Exclusions. Notwithstanding anything to the contrary contained in this Agreement or provided for under any applicable Law, no Party shall be liable to any other Person for, either in contract or in tort, and Losses shall not include, any speculative or punitive damages (other than any such damages payable to a third Person).
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Damage Exclusions. EXCEPT WITH REGARD TO APPLICABLE INDEMNIFICATION OBLIGATIONS UNDER SECTION 13 HEREOF, NEITHER PARTY HERETO NOR THEIR RESPECTIVE PARENT COMPANIES, AFFILIATES OR SUBSIDIARIES WILL BE LIABLE TO THE OTHER FOR ANY COMPENSATION, REIMBURSEMENT FOR INVESTMENTS OR EXPENSES, LOST PROFITS, LOST GOOD WILL, LOST DATA, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR EXPENDITURES MADE IN RELIANCE ON THE CONTINUATION OF THIS AGREEMENT, OR FOR ANY INDIRECT, INCIDENTAL, EXPECTATION, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES ARISING IN CONNECTION HEREWITH, THE TRANSACTIONS CONTEMPLATED HEREUNDER, THE RELATIONSHIP BETWEEN THE PARTIES ESTABLISHED HEREBY, OR EITHER PARTY’S EXERCISE OF ITS RIGHT TO TERMINATE THIS AGREEMENT IN ACCORDANCE WITH ITS TERMS, EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
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Damage Exclusions. EXCEPT FOR BREACHES OF CONFIDENTIALITY OBLIGATIONS OR LICENSE RESTRICTIONS, IN NO EVENT SHALL ANY PARTY HERETO BE LIABLE TO THE OTHER FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES OR LOST SALES OR PROFITS IN CONNECTION WITH ANY MATTERS RELATING TO THE BUSINESS RELATIONSHIP OF THE PARTIES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES BY THE OTHER PARTY. THE FOREGOING SHALL NOT APPLY TO KNC’S LIABILITY IN THE EVENT THAT KNC HAS INTENTIONALLY OR WILLFULLY BREACHED THIS AGREEMENT BY FAILING TO PERFORM ITS OBLIGATIONS HEREUNDER, OR BY GROSS NEGLIGENCE HAS FAILED TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT. [Signature Page Follows] *****Confidential portions of the material have been omitted and filed separately with the Securities and Exchange Commission.
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Damage Exclusions. EXCEPT AS OTHERWISE PROVIDED ELSEWHERE IN THIS AGREEMENT, NONE OF THE PARTIES SHALL BE LIABLE TO THE OTHER FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES OR LOST SALES OR PROFITS IN CONNECTION WITH ANY MATTERS RELATING IN ANY MANNER TO THIS AGREEMENT OR OTHERWISE RELATING TO THE BUSINESS RELATIONSHIP OF THE PARTIES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES BY THE OTHER PARTIES.
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Damage Exclusions. APART FROM ANY OTHER PROVISION IN THIS AGREEMENT EXCLUDING OR LIMITING THE LIABILITY OF EITHER PARTY, AND EXCEPT AS OTHERWISE PROVIDED IN SECTION 13 HEREOF, NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, BY REASON OF ANY MATTERS RELATING DIRECTLY OR INDIRECTLY TO THIS AGREEMENT OR ANY OTHER ASPECT OF THE PARTIES' BUSINESS RELATIONSHIP.
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Damage Exclusions. In any claim for indemnification under this Agreement, neither SELLER nor BUYER shall be required to indemnify any Person for special, exemplary or consequential damages, including loss of profit or revenue, any multiple of reduced cash flow, interference with operations, or loss of lenders or investors of BUYER in connection with the Acquisition.
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Damage Exclusions. EXCEPT AS OTHERWISE PROVIDED IN PARAGRAPH 17, NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES IN CONNECTION WITH RESELLER AGAINST VITEC RELATING TO ANY BREACH OR TERMINATION OF THIS AGREEMENT OR OTHERWISE RELATING DIRECTLY OR INDIRECTLY TO THIS AGREEMENT MUST BE FILED BY RESELLER BEFORE A COURT OF COMPETENT JURISDICTION IN THE STATE OF GEORGIA. RESELLER HEREBY CONSENTS IRREVOCABLY TO THE JURISDICTION OF THE GEORGIA COURTS OVER ITS PERSON IN THE EVENT THAT VITEC ELECTS TO INSTITUTE LITIGATION AGAINST RESELLER IN GEORGIA RELATING DIRECTLY OR INDIRECTLY TO THIS AGREEMENT. IN SUCH EVENT, SERVICE OF PROCESS MAY BE MADE UPON RESELLER AS PROVIDED BY GEORGIA LAW, OR SHALL BE CONSIDERED EFFECTIVE IF SENT BY CERTIFIED OR REGISTERED MAIL, RETURN RECEIPT REQUESTED, POSTAGE PREPAID. ANY MATTERS RELATING IN ANY MANNER TO THIS AGREEMENT OR THE BUSINESS RELATIONSHIP OF THE PARTIES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES BY THE OTHER PARTY.
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Damage Exclusions. In no event will Infinidat, its affiliates, suppliers, or licensors be liable for any direct, consequential, indirect, special, incidental, exemplary, or punitive damages; loss of profits (whether arising as actual or consequential damages), loss of business, loss of revenue, loss of anticipated savings; any loss of, or damage to, data, reputation, or goodwill; or costs associated with loss of Services, your inability to access the Services, our termination or suspension of the Services, discontinuance of the Services or a part thereof, Services downtime, your investment or other expenditures related to using the Services, or procuring substitute goods or services.
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Related to Damage Exclusions

  • Warranty Exclusions The Limited Warranty in clauses 1.2 and 1.3 does not apply:

  • Damage Limitation IN NO EVENT SHALL THE COMPANY BE LIABLE TO THE SUBSCRIBER FOR ANY LOST PROFITS OR SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING SHALL BE INTERPRETED AND HAVE EFFECT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RULE OR REGULATION.

  • Acts of Terrorism Exclusion With respect to each Mortgage Loan over $20 million, and to Seller’s knowledge with respect to each Mortgage Loan of $20 million or Exh. C-11 less, as of origination, the related special-form all-risk insurance policy and business interruption policy (issued by an insurer meeting the Insurance Rating Requirements) do not specifically exclude Acts of Terrorism, as defined in the Terrorism Risk Insurance Act of 2002, as amended by the Terrorism Risk Insurance Program Reauthorization Act of 2007 and the Terrorism Risk Insurance Program Reauthorization Act of 2015 (collectively referred to as “TRIA”), from coverage, or if such coverage is excluded, it is covered by a separate terrorism insurance policy. With respect to each Mortgage Loan, the related Mortgage Loan documents do not expressly waive or prohibit the Mortgagee from requiring coverage for Acts of Terrorism, as defined in TRIA, or damages related thereto except to the extent that any right to require such coverage may be limited by commercial availability on commercially reasonable terms; provided that if TRIA or a similar or subsequent statute is not in effect, then, provided that terrorism insurance is commercially available, the Mortgagor under each Mortgage Loan is required to carry terrorism insurance, but in such event the Mortgagor shall not be required to spend on terrorism insurance coverage more than two times the amount of the insurance premium that is payable in respect of the property and business interruption/rental loss insurance required under the related Mortgage Loan documents (without giving effect to the cost of terrorism and earthquake components of such casualty and business interruption/rental loss insurance) at the time of the origination of the Mortgage Loan, and if the cost of terrorism insurance exceeds such amount, the Mortgagor is required to purchase the maximum amount of terrorism insurance available with funds equal to such amount.

  • Public Liability and Property Damage Insurance A. During the term of this Agreement, Contractor shall at all times maintain, at its expense, the following coverages and requirements. The comprehensive general liability insurance shall include broad form property damage insurance.

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