Common use of Limitation of Damages Clause in Contracts

Limitation of Damages. Neither party shall be liable to the other for any special, incidental, exemplary or consequential damages arising from or as a result of any delay, omission or error in the electronic transmission or receipt of any Documents pursuant to this Agreement, even if the party has been advised of the possibility of such damages.

Appears in 3 contracts

Samples: Trading Partner Agreement, Trading Partner Agreement, Trading Partner and Business Associate Agreement

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Limitation of Damages. Neither party shall be liable to the other party under this Agreement for any specialdirect, indirect, lost profits, consequential, exemplary, incidental, exemplary or consequential damages arising from punitive damages, regardless of the form of action, whether in contract or as a result in tort, including negligence, regardless of any delay, omission or error in the electronic transmission or receipt of any Documents pursuant to this Agreement, even if the whether such party has been advised of the possibility of such damagesdamages in advance or whether such damages are reasonably foreseeable.

Appears in 3 contracts

Samples: Standard Purchase Order Terms and Conditions, Standard Purchase Order Terms and Conditions, Purchase Order Terms and Conditions

Limitation of Damages. Neither party Party shall be liable to the other Party for any specialconsequential, incidental, exemplary special or consequential punitive damages for any claims arising from or as a result of any delay, omission or error in the electronic transmission or receipt of any Documents pursuant to under this Agreement, even if the party has been advised of the possibility of such damages.

Appears in 3 contracts

Samples: Loan Purchase and Sale Agreement, Loan Purchase and Sale Agreement (HF Foods Group Inc.), Loan Purchase and Sale Agreement (Resource Real Estate Opportunity REIT, Inc.)

Limitation of Damages. Neither party Party nor its affiliates shall be liable to the other have any liability for any special, incidental, exemplary or consequential damages damages, including, but not limited to the loss of opportunity, revenue or profit, in connection with or arising from or as a result out of any delay, omission or error in the electronic transmission or receipt of any Documents pursuant to this Agreement, even if the party has it shall have been advised of the possibility of such damages.

Appears in 3 contracts

Samples: Supply Agreement (Molecular Insight Pharmaceuticals, Inc.), Territory License Agreement (Molecular Insight Pharmaceuticals, Inc.), Supply Agreement (Molecular Insight Pharmaceuticals, Inc.)

Limitation of Damages. Neither party Party shall be liable to the other for any special, incidental, exemplary or consequential damages arising from or as a result of this Agreement, including, but not limited to, any delay, omission or error in the electronic transmission or receipt of any Documents pursuant to this Agreement, even if the party either Party has been advised of the possibility of such damages.

Appears in 3 contracts

Samples: Electronic Data Interchange Agreement, Electronic Data Interchange Agreement, Electronic Data Interchange Agreement

Limitation of Damages. Neither party shall be liable to the other for any special, incidental, exemplary or consequential damages arising from or as a result of any delay, omission or error in the electronic transmission or receipt of any Documents Documents, or arising from goods, delivered pursuant to this Agreementany Transaction or any defects therein, even if the either party has been advised of the possibility of such damages.

Appears in 2 contracts

Samples: cdn-jlg.scdn5.secure.raxcdn.com, osn.oshkoshcorp.com

Limitation of Damages. Neither party shall be liable to the other for any special, incidental, exemplary or consequential damages arising from or as a result of any delay, omission or error in the electronic transmission or receipt of any Documents pursuant to this Agreement, even if the either party has been advised of the possibility of such damages.

Appears in 2 contracts

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

Limitation of Damages. Neither party shall be liable to the other for any special, incidental, exemplary or consequential damages arising from or as a result of any delay, omission or error in the electronic transmission or receipt of any Documents electronic data pursuant to this Agreement, even if the either party has been advised of the possibility of such damages.

Appears in 2 contracts

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

Limitation of Damages. Neither party shall be liable to the other for any special, incidental, exemplary exemplary, or consequential damages arising from or as a result of any delay, omission omission, or error in the electronic transmission or receipt of any Documents pursuant to this Agreement, even if the either party has been advised of the possibility of such damages.

Appears in 2 contracts

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

Limitation of Damages. Neither party shall Notwithstanding anything herein to the contrary, neither partyshall be liable to the other under this Agreement for any special, incidental, exemplary or consequential punitive damages arising from out of the breach or as a result non-performance of any delay, omission or error in the electronic transmission or receipt of any Documents pursuant to this Agreement, even if the party has been advised of the possibility of such damages.

Appears in 1 contract

Samples: Lease Agreement (Global Earth Energy, Inc.)

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Limitation of Damages. Neither party shall be liable to the other for any special, incidental, exemplary or consequential damages arising from or as a result of any delay, omission or error in the electronic transmission or receipt of any Documents documents pursuant to this Agreement, even if the either party has been advised of the possibility of such damages.

Appears in 1 contract

Samples: www.boeingsuppliers.com

Limitation of Damages. Neither party Party shall be liable to the other for any prospective profits or special, incidentalpunitive, exemplary indirect or consequential losses or damages arising from or as a result of any delay, omission kind arising out of or error in any way connected with the electronic transmission performance of or receipt of any Documents pursuant failure to perform this Agreement, even if including, but not limited to losses or damages resulting from shutdown of plants or inability to perform sales or any other contracts arising out of or in connection with the party has been advised performance or non-performance of the possibility of such damagesthis Agreement.

Appears in 1 contract

Samples: Service Agreement (Rio Vista Energy Partners Lp)

Limitation of Damages. Neither party Party shall be liable to the other for any special, incidental, exemplary or consequential damages arising from or as a result of any delay, omission omission, or error in the any electronic transmission or receipt of any Documents pursuant to communication under this Agreement, even if the party either Party has been advised of the possibility of such damages. This section does not limit any damages resulting from a breach of Section 3 (Encryption; Security Procedures; Authentication) and does not apply to damages resulting from a breach of an obligation of a Party that is outside of the scope of this Agreement.

Appears in 1 contract

Samples: Electronic Communications Agreement

Limitation of Damages. Neither party shall be liable to the other for any specialindirect, incidental, exemplary special, punitive, or consequential damages relating to this Agreement except to the extent arising from such party’s gross negligence, willful misconduct, or as a result breach of any delay, omission or error in the electronic transmission or receipt of any Documents pursuant to this Agreement, even if the party has been advised of the possibility of such damagesSection 7.

Appears in 1 contract

Samples: Trial Data License and Mutual Non Disclosure Agreement

Limitation of Damages. (1) Neither party shall be liable to the other for any special, incidental, exemplary or consequential damages arising from or as a result of any delay, omission or error in the electronic transmission or receipt of any Documents pursuant to this the Electronic Contracting Agreement, even if the either party has been advised of the possibility of such damages.

Appears in 1 contract

Samples: hostedtariffs.com

Limitation of Damages. Neither Notwithstanding anything in this Agreement to the contrary, neither party shall be liable to the other for any specialpunitive, incidental, exemplary consequential or consequential other special damages arising from or as a result of any delaynature, omission or error in the electronic transmission or receipt all of any Documents pursuant to this Agreement, even if the party has been advised of the possibility of such damageswhich are waived by each party.

Appears in 1 contract

Samples: Manufacturing and Purchasing Agreement (Vita Coco Company, Inc.)

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