Common use of Exclusion of Damages Clause in Contracts

Exclusion of Damages. Neither party shall be liable to the other party for any indirect, special, consequential or punitive damages, including, but not limited to, loss of business or loss of profits, regardless of the form of action, which may arise from the performance, nonperformance, default or other breach of this Agreement.

Exclusion of Damages. Neither In no event shall either party shall be liable to the under any theory of tort, contract, strict liability or other party legal or equitable theory for any indirectlost profits, exemplary, punitive, special, incidental, indirect or consequential or punitive damages, including, but not limited to, loss each of business or loss of profits, regardless which is hereby excluded by agreement of the form parties regardless whether the party has been advised of action, which may arise from the performance, nonperformance, default or other breach possibility of this Agreementsuch damages. The foregoing limitation shall not apply to the indemnity provisions stated above in the event of an indemnifiable third-party claim.

Exclusion of Damages. Neither party Party shall be liable under any circumstances to the other party Party for any special, indirect, specialpunitive, or consequential damages resulting from or punitive damagesarising out of any act or omission related to its performance of this Agreement, including, but not limited toincluding without limitation, loss of profit or business interruption, however the same may be caused, whether by the sole, joint, or loss concurrent negligence, fault, or liability without fault of profitsany Party; provided, regardless of the form of actionhowever, which may arise from the performance, nonperformance, default that this Section 4.3 shall not limit in any way a Party’s indemnification rights with respect to a claim or other breach of this Agreementdemand made by any third person against a Party.

Exclusion of Damages. Neither in no event will either party shall be liable to the other party for any special, indirect, special, incidental or consequential or punitive damages, including, but not limited to, damages (including loss of use, data, business or loss profits) arising out of profits, regardless or in connection with this agreement or the use or performance of the form Software or services, whether such liability arises from any claim based upon contract, warranty, tort (including negligence), product liability or otherwise, and whether or not the party has been advised of action, which may arise from the performance, nonperformance, default possibility of such loss or other breach of this Agreementdamage.

Exclusion of Damages. Neither party shall In no event will either Party be liable to the other party Party for any special, incidental, indirect, specialor consequential damages (including for lost profits or lost data), consequential whether based on breach of contract, tort (including negligence), product liability, or punitive damagesotherwise, including, but and whether or not limited to, loss of business or loss of profits, regardless such Party has been advised of the form possibility of action, which may arise from the performance, nonperformance, default or other breach of this Agreementsuch damage.

Exclusion of Damages. Neither party shall be liable to the other party for any indirect, special, incidental, exemplary or consequential damages in connection with the agreement, any electronic transactions or punitive damages, any document including, but not limited to, loss arising from or as a result of business any delay, omission, or loss error in the electronic transmission or receipt of profitsany documents pursuant to this agreement, regardless even if such party has been advised of the form possibility of action, which may arise from the performance, nonperformance, default or other breach of this Agreementsuch damages.

Exclusion of Damages. Neither party shall will be liable to the other party for any indirect, consequential, special, consequential or punitive damages, including, but not limited to, loss of business damages for any actions resulting from or loss of profits, regardless of the form of action, which may arise from the performance, nonperformance, default or other breach arising out of this Agreementagreement, whether based on contract, tort (including negligence), strict liability, contribution, or otherwise.

Exclusion of Damages. Neither party Except for (i) the Parties’ respective indemnification obligations set forth in this Agreement; and (ii) damages arising out of either Party’s gross negligence or willful misconduct, neither Party shall be liable to the other party under any legal theory or cause of action for any indirectspecial, specialincidental, consequential or punitive other indirect damages, including, but not limited towithout limitation, loss of business or loss of damages for lost profits, regardless even if the Party has been advised of the form possibility of action, which may arise from the performance, nonperformance, default or other breach of this Agreementsuch damages.

Exclusion of Damages. Neither party shall will be liable to the other party for lost profits, revenues or business opportunities, nor any indirectexemplary, punitive, special, indirect, incidental, or consequential damages (whether any are direct or punitive damages, including, but not limited to, loss of business or loss of profits, indirect); regardless of the form of action, which may arise from the performance, nonperformance, default whether these damages were foreseeable or other breach of this Agreementeither party was advised they were possible.

Exclusion of Damages. Neither party shall Party hereto shall, under any circumstances, be liable to the other party for any indirect, specialconsequential, consequential punitive, incidental, special or punitive exemplary damages, including, but not limited to, loss of business or loss of profits, regardless even if apprised of the form likelihood of action, which may arise from the performance, nonperformance, default or other breach of this Agreementsuch damages occurring.

Exclusion of Damages. Neither Except for each party’s indemnity obligations and a breach by Xxxxxxxx of the confidentiality obligations or Section 5 hereunder, neither party shall be liable to the other party for any loss of sales, profit, business or data or for any indirect, consequential, exemplary, special, consequential incidental, multiple or punitive damages, including, but not limited to, loss of business or loss of profits, regardless damages even if advised of the form possibility of action, which may arise from the performance, nonperformance, default or other breach of this Agreementsuch damages.

Exclusion of Damages. Neither Except for liabilities which can’t be limited by Law, in no event shall either party shall be liable to the other party for loss of use, loss of data, loss of revenue, interruption of business, lost profits (excluding fees under this subscription agreement), or any indirectconsequential, special, consequential incidental, punitive or punitive damagesindirect damages of any kind under any cause of action (including contract, includingtort, but not limited to, loss of business negligence or loss of profits, regardless of the form of action, which may arise strict liability) arising from the performance, nonperformance, default or other breach out of this Agreementagreement.

Exclusion of Damages. Neither party Party shall be liable to the other party Party for any loss of profit, goodwill or business opportunity (whether direct or indirect), special, indirect or consequential or punitive damages, includingor any claims for consequential compensation whatsoever, but not limited to, loss in each case (howsoever caused) which arise out of business or loss of profits, regardless of the form of action, which may arise from the performance, nonperformance, default or other breach of in connection with this Agreement.

Exclusion of Damages. Neither party shall will be liable to the other party for lost profits, revenues, or business opportunities, nor any indirectexemplary, punitive, special, indirect, incidental, or consequential damages (whether direct or punitive damages, including, but not limited to, loss of business or loss of profits, indirect); regardless of the form of action, which may arise from the performance, nonperformance, default whether these damages were foreseeable or other breach of this Agreementeither party was advised they were possible.

Exclusion of Damages. Neither In no event will either party shall be liable have any liability to the other party for any lost profits, revenues or indirect, special, consequential incidental, consequential, cover or punitive damages, includingcost or procurement of substitute service, but not limited to, loss of business whether an action is in contract or loss of profits, tort and regardless of the form theory of actionliability, which may arise from even if a party has been advised of the performance, nonperformance, default or other breach possibility of this Agreementsuch damages. The foregoing disclaimer will not apply to the extent prohibited by law.