Indirect Losses. We are not responsible for indirect losses which occur as a side effect of the main loss and damage which are not foreseeable by you and us. We are not liable to you for losses which you incur which are foreseeable by us for the reason that you have communicated the possibility of such losses or any special circumstances to us.
Indirect Losses. Except with respect to liability pursuant to Clauses 14.3.d and 14.3.e, neither party will be liable to the other, whether in contract, tort (including negligence), breach of statutory duty or otherwise under or in connection with this Agreement for any indirect or consequential Losses, loss of profit or loss of revenue.
Indirect Losses. The Seller shall not be liable under or in connection with this Agreement (including pursuant to or under an Indemnity Claim) in respect of any indirect or consequential losses, any punitive or exemplary damages, in each case whether due to a breach of contract, breach of warranty, gross negligence, negligence or otherwise, whether actual or prospective.
Indirect Losses. Notwithstanding any other provision of these Terms and Conditions, the Contractor is in no circumstances (whatever the cause) liable in contract, tort including without limitation, negligence or breach of statutory duty or otherwise to compensate the Customer for:
Indirect Losses. Notwithstanding any other provision of these Terms and Conditions, the Supplier is in no circumstances (whatever the cause) liable in contract, tort including without limitation, negligence or breach of statutory duty or otherwise to compensate the Hirer for:
Indirect Losses. Neither Party is liable to the other for any indirect, special, incidental, or consequential losses, including loss of profits, loss of use, loss of production, loss of business, or loss of business opportunity; however, nothing in this clause will be construed to limit Buyer’s right to Liquidated Damages as indirect, special, incidental, or consequential losses, including loss of profits, loss of use, loss of production, loss of business, or loss of business opportunity.
Indirect Losses. DEIF is in no event liable for the customer’s operating loss, loss of earnings, installation costs, loss of profits, loss of or damage to data, or any other indirect loss, including any loss resulting from the customer’s legal relationship with any third party.
Indirect Losses. (i) If any Losses for which any Seller has liability for indemnification hereunder are indirect Losses to Buyer, as a result of any Losses to or of the JV Companies arising from Buyer’s ownership of the Offered Interests, then such Seller’s liability for indemnification hereunder for such Losses shall not exceed the amount obtained by multiplying the monetary value of such Losses to or of such JV Company by a percentage equal to the aggregate ownership percentage in such JV Company represented by the respective Offered Interests acquired by Buyer at Closing pursuant to this Purchase Agreement (i.e., when determining the amount of any Losses suffered or incurred by the Buyer Group, Buyer’s acquisition of only (A) 25.0% of the membership interest of Phoenix LLC, (B) 22.6916% of the membership interests in URSA LLC, and (C) 45.0% of the membership interests in Mardi Gras (including the indirect acquisition of (1) 25.2% (45.0% of 56.0%) of the membership interest of Caesar LLC, (2) 23.85% (45.0% of 53.0%) of the membership interest of Cleopatra LLC, (3) 29.25% (45.0% of 65.0%) of the membership interest of Proteus LLC and (4) 29.25% (45.0% of 65.0%) of the membership interest of Endymion LLC), in each case, shall be taken into account, such that the aggregate Losses described in Article 11 suffered or incurred by the Buyer Group would equal (where applicable) no more than (a) 25.0% of the total of such Losses suffered or incurred by Phoenix LLC, (b) 22.6916% of the total of such Losses suffered or incurred by URSA LLC, and (c) 45.0% of the total of such Losses suffered or incurred by Mardi Gras (including (i) 25.2% (45.0% of 56.0%) of the total of such Losses suffered or incurred by Caesar LLC, (ii) 23.85% (45.0% of 53.0%) of the total of such Losses suffered or incurred by Cleopatra LLC, (iii) 29.25% (45.0% of 65.0%) of the total of such Losses suffered or incurred by Proteus LLC or (iv) 29.25% (45.0% of 65.0%) of the total of such Losses suffered or incurred by Endymion LLC), as the case may be).
Indirect Losses. Save where stated to the contrary, the indemnities under this Contract shall not apply and (without prejudice to the Authority’s rights under Schedule 4 (Payment Mechanism)) there shall be no right to claim damages for breach of this Contract, in tort or on any other basis whatsoever, to the extent that any loss claimed by either Party is for Indirect Losses. The Authority agrees that, notwithstanding the foregoing, any Losses of the Contractor arising under the Sub-Contracts as originally executed (or as amended in accordance with the terms of this Contract) which are not of themselves Indirect Losses, shall not be excluded from such a claim by virtue of this Clause.
Indirect Losses. Except in cases of intentional actions or gross negligence, Gallus shall not be liable for indirect losses resulting from a deficient delivery, such as a production stoppage, loss of profit or use of additional material.
