Consequential damages clause samples

(b) Up to the limits shown in subsection 7(i)(c), in the event a product recall is required under the United States Food and Drug Administration’s regulations by the FDA or by Customer as determined by Customer in its sole discretion and such product recall is caused by Columbia Tech’s beach of the warranty provisions in Section7(a) for product either within or outside the Warranty Period (“Recalled Product”), Columbia Tech shall (A)reimburse Customer for any transit costs associated with shipping any Recalled Products from the field to Columbia Tech’s dock, (B)replace all Recalled Products with new or refurbished product, (C)reimburse Customer for any transit costs associated with shipping such refurbished products to the field; and (D)pay Customer for its Consequential Damages. Customer will remain solely responsible for all costs in coordinating the recall, except as otherwise provided herein. “Consequential Damages” shall mean the amounts, costs, or economic loss that Customer has incurred or suffered solely and directly associated with a recall made pursuant to this section. (c) Columbia Tech and each of its Affiliates combined maximum liability for any of its obligations and responsibilities associated with a recall under Section7(i)(b)(A)-7(i)(b)(C) shall not exceed, on an annual calendar year basis, an aggregate amount of one million dollars ($1,000,000) (“Recall Cost Cap”). In addition, Columbia Tech and each of its Affiliates combined maximum liability for any of its obligations and responsibilities associated with a recall under Section7(i)(b)(D) shall not exceed, on an annual calendar year basis, an aggregate amount of one million dollars ($1,000,000) (“Consequential Damages Cap”). For avoidance of doubt, the amounts contributing to the Recall Cost Cap shall include, but not be limited to, any payment paid by Columbia Tech to Customer pursuant to Section7(i)(b)and Columbia Tech’s cost of labor for performing any of the actions listed in Section7(i)(a). Amounts paid toward the Recall Cost Cap shall be separate and non-contributing to amounts paid to the Consequential Damages Cap.

3.Mutual Waiver of Consequential Damages. Except if covered by insurance and except for Confidentiality obligations set forth in no event shall either Party be liable to the other for any indirect, special, incidental, exemplary, punitive or consequential damages (including loss of business, staff time, goodwill, use or other economic advantage), whether based upon breach of contract, breach of warranty, tort (including negligence), whether or not either Party has previously been advised of the possibility of such damages. This mutual waiver of consequential damages shall not apply to those claims for damages arising from the gross negligence or intentional or willful misconduct of a Party.

(c)In the event Tenant fails to surrender and vacate the Premises and remove therefrom as of the Cancellation Date, Landlord shall be entitled to all of the rights and remedies available to Landlord pursuant to the Lease on account of a default thereunder and to a landlord generally against a tenant holding over after the expiration of the term. Tenant shall be liable to Landlord for all damages resulting from such holding over, including, without limitation, consequential damages. Tenant agrees to indemnify and hold Landlord harmless from and against any costs, losses, damages and expenses suffered or incurred by Landlord as a result of Tenant's holding over or continued occupancy of the Premises beyond the Cancellation Date.

Section7. No Consequential Damages. Neither CSM nor any of its affiliates shall be liable for indirect, incidental or consequential damages suffered by CPLP, or for punitive damages, with respect to any term or the subject matter of this agreement, even if informed of the possibility thereof in advance. This limitation applies to all causes of action, including, without limitation, breach of contract, breach of warranty, negligence, strict liability, fraud, misrepresentation and other torts.