Common use of Exclusion of Certain Damages Clause in Contracts

Exclusion of Certain Damages. Neither party shall be liable to the other for any special, incidental, exemplary, consequential or punitive damages arising from or as a result of any delay, omission or error in the TPW, or in the electronic transmission or receipt of any Data Communications pursuant to this Agreement, even if either party has been advised of the possibility of such damages and REGARDLESS OF FAULT. Any limitation on direct damages to software and hardware arising from Data Communications under this Agreement shall be set forth in the Exhibit.

Appears in 8 contracts

Samples: Trading Partner Agreement, Trading Partner Agreement, Electronic Data Interchange Trading Partner Agreement

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Exclusion of Certain Damages. Neither party shall be liable to the other for any special, incidental, exemplary, exemplary or consequential or punitive damages arising from or as a result of any delay, omission or error in the TPW, or in the electronic transmission or receipt of any Data Communications pursuant to this Agreement, even if either party has been advised of the possibility of such damages and REGARDLESS OF FAULT. Any limitation on direct damages to software and hardware arising from Data Communications under this Agreement shall be set forth in the ExhibitExhibit(s).

Appears in 7 contracts

Samples: Trading Partner Agreement, Trading Partner Agreement, Trading Partner Agreement

Exclusion of Certain Damages. Neither party shall be liable to the other for any special, incidental, exemplary, exemplary or consequential or punitive damages arising from or as a result of any delay, omission or error in the TPW, or in the electronic transmission or receipt of any Data Communications pursuant to this Agreement, even if either party has been advised of the possibility of such damages and REGARDLESS OF FAULT. Any limitation on direct damages to software and hardware arising from Data Communications under this Agreement shall be set forth in the Exhibitregardless of fault.

Appears in 2 contracts

Samples: Electronic Data Interchange Trading Partner Agreement, Electronic Data Interchange Trading Partner Agreement

Exclusion of Certain Damages. Neither party shall be liable to the other for any special, incidental, exemplary, exemplary or consequential or punitive damages arising from or as a result of any delay, omission or error in the TPW, or in the electronic transmission or receipt of any Data Communications pursuant to this Agreement, even if either party has been advised of the possibility of such damages and REGARDLESS OF FAULT. Any limitation on direct damages to software and hardware arising from Data Communications under this Agreement shall be set forth in the Exhibitincluded Trading Partner Information Sheet(s).

Appears in 2 contracts

Samples: Electronic Data Interchange Trading Partner Agreement, Electronic Data Interchange Trading Partner Agreement

Exclusion of Certain Damages. Neither party shall be liable to the other for any special, incidental, exemplary, or consequential or punitive damages arising from or as a result of any delay, omission or error in the TPW, or in the electronic transmission or receipt of any Data Communications pursuant to this Agreement, even if either party has been advised of the possibility of such damages and REGARDLESS OF FAULT. Any limitation on direct damages to software and hardware arising from Data Communications under this Agreement shall be set forth in the Exhibit.

Appears in 2 contracts

Samples: Trading Partner Agreement, Trading Partner Agreement

Exclusion of Certain Damages. Neither party shall be liable to the other for any special, incidental, exemplary, exemplary or consequential or punitive damages arising from or as a result of any delay, omission or error in the TPWelectronic transmission, or in the electronic transmission retrieval or receipt of any Data Communications Documents pursuant to this Agreement, even if either party has been advised of the possibility of such damages and REGARDLESS OF FAULT. Any limitation on direct damages to software and hardware arising from Data Communications under this Agreement shall be set forth in the ExhibitAppendix.

Appears in 2 contracts

Samples: Partner Agreement, Electronic Data Interchange Trading Partner Agreement

Exclusion of Certain Damages. Neither party shall be liable to the other for any special, incidental, exemplaryexemplary or , consequential or punitive damages arising from or as a result of any delay, omission or error in the TPW, or in the electronic transmission or receipt of any Data Communications pursuant to this Agreement, even if either party has been advised of the possibility of such damages and REGARDLESS OF FAULT. Any limitation on direct damages to software and hardware arising from Data Communications under this Agreement shall be set forth in the ExhibitExhibit(s).

Appears in 1 contract

Samples: Trading Partner Agreement

Exclusion of Certain Damages. Neither party shall be liable to the other for any special, incidental, exemplary, exemplary or consequential damages or punitive damages expenses arising from or as a result of any delay, omission or error in the TPW, or in the electronic transmission or receipt of any Data Communications Documents pursuant to this Agreement, even if either party has been advised of the possibility of such damages and REGARDLESS OF FAULT. Any limitation on direct damages to software and hardware arising from Data Communications electronic transmissions under this Agreement shall be set forth in the ExhibitAppendix.

Appears in 1 contract

Samples: Electronic Data Interchange Trading Partner Agreement

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Exclusion of Certain Damages. Neither party shall be liable to the other for any 208 special, incidental, exemplary, exemplary or consequential or punitive damages arising from or as a result of any delay, omission or error in the TPW, or in the electronic transmission or receipt of 210 any Data Communications pursuant to this Agreement, even if either party has been advised of the possibility of such damages and REGARDLESS OF FAULT. 212 Any limitation on direct damages to software and hardware arising from Data Communications under this Agreement shall be set forth in the ExhibitExhibit(s).

Appears in 1 contract

Samples: Trading Partner Agreement

Exclusion of Certain Damages. Neither party shall be liable to the other for any special, incidental, exemplary, exemplary or consequential damages or punitive damages expenses arising 206 from or as a result of any delay, omission or error in the TPW, or in the electronic transmission or receipt of any Data Communications pursuant to this Agreement, even if either 208 party has been advised of the possibility of such damages and REGARDLESS OF FAULT. Any limitation on direct damages to software and hardware arising from 210 Data Communications under this Agreement shall be set forth in the ExhibitExhibit(s).

Appears in 1 contract

Samples: Trading Partner Agreement

Exclusion of Certain Damages. Neither party shall be liable to the other for any special, 192 incidental, exemplary, exemplary or consequential or punitive damages arising from or as a result of any delay, 193 omission or error in the TPW, or in the electronic transmission or receipt of any Data Communications Documents pursuant to this 194 Agreement, even if either party has been advised of the possibility of such damages and 195 REGARDLESS OF FAULT. Any limitation on direct damages to software and hardware 196 arising from Data Communications under this Agreement shall be set forth in the ExhibitAppendix.

Appears in 1 contract

Samples: Partner Agreement

Exclusion of Certain Damages. Neither party shall be liable to the other for any punitive, special, incidental, exemplary, exemplary or consequential or punitive damages arising from or as a result of any delay, omission or error in the TPW, or in the electronic transmission execution or receipt of any Data Communications Documents pursuant to this Agreement, even if either party has been advised of the possibility of such damages and REGARDLESS OF FAULTregardless of fault. Any limitation on direct damages to software In the event the system is not functioning, the parties shall execute the agreement via facsimile and hardware arising from Data Communications under this Agreement shall be set forth in the Exhibitsigned originals.

Appears in 1 contract

Samples: Electronic Execution Agreement

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