INDIRECT OR CONSEQUENTIAL LOSS Sample Clauses

INDIRECT OR CONSEQUENTIAL LOSS. 21.1. Neither party is liable to the other party in contract, tort, negligence, breach of statutory duty or otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by that other party of an indirect or consequential nature including any economic loss or other loss of turnover, profits, business or goodwill.

INDIRECT OR CONSEQUENTIAL LOSS. ‌ (a) Despite any other provision of this Agreement, neither the State nor any State Associate has any Liability to the Operator or any Operator Associates, nor is the Operator or any Operator Associate entitled to make any Claim against the State or any State Associate, in respect of any Indirect or Consequential Loss suffered, incurred or sustained by the Operator or any Operator Associate arising out of or in connection with this Agreement.‌ (b) Despite any other provision of this Agreement, neither the Operator nor any Operator Associate has any Liability to the State or any State Associates, nor is the State or any State Associate entitled to make any Claim against the Operator or any Operator Associate, in respect of any Indirect or Consequential Loss suffered, incurred or sustained by the State or any State Associate arising out of or in connection with this Agreement.‌ (c) (Trust – State Associates): (i) The State declares that it holds on trust for each of the State Associates, the benefit of the Indirect or Consequential Loss exclusion in Clause 26.13(a) given by the Operator under this Agreement in favour of each State Associate. (ii) The Operator acknowledges the existence of such trusts and consents to: (A) the State exercising rights in relation to, or otherwise enforcing, the Indirect or Consequential Loss exclusion in Clause 26.13(a) on behalf of the State Associates; and (B) the State Associates exercising rights in relation to, or otherwise enforcing the Indirect or Consequential Loss exclusion in Clause 26.13(a). (iii) The State and the Operator agree that the consent of the State Associates will not be required for any amendment to, or waiver of, rights in accordance with this Agreement. (d) (Trust – Operator Associates): (i) The Operator declares that it holds on trust for each of the Operator Associates, the benefit of the Indirect or Consequential Loss exclusion in Clause 26.13(b) given by the State under this Agreement in favour of each Operator Associate. (ii) The State acknowledges the existence of such trusts and consents to: (A) the Operator exercising rights in relation to, or otherwise enforcing, the Indirect or Consequential Loss exclusion in Clause 26.13(b) on behalf of the Operator Associates; and (B) the Operator Associates exercising rights in relation to, or otherwise enforcing the Indirect or Consequential Loss exclusion in Clause 26.13(b). (iii) the State and the Operator agree that the consent of the Operator Associat...

INDIRECT OR CONSEQUENTIAL LOSS. (a) Despite any other provision of this agreement, neither Project Co nor any Project Co Associate has any Liability to the Operator, any D&C Stadium Personnel or any Stadium Personnel, nor is the Operator, any D&C Stadium Personnel or any Stadium Personnel entitled to make any Claim against Project Co or any Project Co Associate, in respect of any Indirect or Consequential Loss suffered, incurred or sustained by the Operator, any D&C Stadium Personnel or any Stadium Personnel arising out of or in connection with this agreement. The exclusion of Liability for any Indirect or Consequential Loss in this Clause 14.6(a) does not apply to exclude Liability for: (i) criminal acts or fraudulent acts or omissions of, or fraudulent misrepresentation by, Project Co or any Project Co Associate; (ii) wilful misconduct under this agreement by Project Co or any Project Co Associate; (iii) or arising from, any loss of or damage to third party property or injury to, disease or death of a person; (iv) matters which, by Law, the parties cannot limit or exclude; (v) any statutory fine arising from any breach of Law or Authorisation by Project Co or a Project Co Associate; or (vi) any other moneys expressly payable to the Operator under this agreement other than for loss of opportunity, profit, anticipated profit, business, business opportunities or revenue, any failure to realise anticipated savings and cost of capital and other financing costs. (b) Despite any other provision of this agreement, none of the Operator, any D&C Stadium Personnel or any Stadium Personnel has Liability to the Project Co or any Project Co Associate, nor is Project Co or any Project Co Associate entitled to make any Claim against the Operator, any D&C Stadium Personnel or any Stadium Personnel, in respect of any Indirect or Consequential Loss suffered, incurred or sustained by Project Co or any Project Co Associate arising out of or in connection with this agreement. The exclusion of Liability for any Indirect or Consequential Loss in this Clause 14.6(b) does not apply to exclude Liability for: (i) criminal acts or fraudulent acts or omissions of, or fraudulent misrepresentation by the Operator, any D&C Stadium Personnel or any Stadium Personnel; (ii) wilful misconduct under this agreement by the Operator, any D&C Stadium Personnel or any Stadium Personnel; (iii) or arising from, any loss of or damage to third party property or injury to, disease or death of a person; (iv) matters which, by Law, th...

INDIRECT OR CONSEQUENTIAL LOSS. The Seller shall not be liable whether for negligence, breach of contract, misrepresentation or otherwise, for any indirect or consequential loss or damage (inducting any loss of profit, goodwill, revenue or business opportunity that, in each case, is indirect or consequential) arising under or in connection with this Agreement.

INDIRECT OR CONSEQUENTIAL LOSS. 14.1 The Licensee acknowledges that the Council shall not have any liability to the Licensee, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any indirect or consequential loss arising under or in connection with this Licence.

INDIRECT OR CONSEQUENTIAL LOSS. A party to the agreement is not liable for any indirect or conse- quential loss caused to the other party. Such loss may include unearned profits and investment losses.

INDIRECT OR CONSEQUENTIAL LOSS. The Supplier has provided warranties at Clause 6 and Clause 8. All other conditions, warranties or other terms which might have effect between the parties or be implied or incorporated into this licence or any collateral contract, whether by statute, common law or otherwise, are hereby excluded, including the implied conditions, warranties or other terms as to satisfactory quality, fitness for purpose or the use of reasonable skill and care.

INDIRECT OR CONSEQUENTIAL LOSS. ‌ (a) Despite any provision of the State Project Documents, neither the State nor any Indemnified Person has any Liability to Project Co or any Project Co Associate, nor is Project Co or any Project Co Associate entitled to make any Claim against the State or any Indemnified Person, in respect of Indirect or Consequential Loss suffered, incurred or sustained by Project Co or any Project Co Associate, arising out of or in connection with the State Project Documents. The exclusion of Liability for any Indirect or Consequential Loss in this Clause 39.14(a) does not apply to exclude Liability for: (i) criminal acts or fraudulent acts or omissions of, or fraudulent misrepresentation by, the State or a State Associate; (ii) wilful misconduct under any State Project Document by the State or a State Associate; (iii) or arising from, any loss of or damage to third party property or injury to, disease or death of a person; (iv) matters which, by Law, the parties cannot limit or exclude; (v) the obligation of the State to pay the State Capital Contribution and the Monthly Service Payment; (vi) any other moneys expressly payable to Project Co under the State Project Documents other than loss of opportunity, profit, anticipated profit, business, business opportunities or revenue or any failure to realise anticipated savings; (vii) any amounts payable by the State under Schedule 4 (Change Compensation Principles) or Schedule 10 (Termination Amounts); or (viii) amounts payable under Clause 37.6.

INDIRECT OR CONSEQUENTIAL LOSS. For the purposes of clause 38.2, "Indirect or Consequential Loss" suffered by a person means any special, indirect, or consequential loss or damage incurred or sustained by that person, including, liability for any loss of goodwill, revenue, profits, business, or any interruption to business or services or for any failure to realise anticipated savings, but excluding any loss or damage which may fairly and reasonably be considered to arise naturally or in the ordinary course from a relevant breach or act or omission of this agreement.

INDIRECT OR CONSEQUENTIAL LOSS. A Contracting Party is not liable for any indirect or consequential loss caused to the other party. Such loss may include unearned profits and investment losses.