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Section 13.1, the parties agreed that neither would be liable for indirect damage (including negligence), loss or damage of data, loss of potential clients, lost profits, business fields or any other damages of of work/purchase orders> i.e., statements of work/purchase orders> (including the sum of damages and loss Thus, under this section, “ he total liability under an Agreement (including the sum of damages and loss It is a less formal and less costly alternative to resolve disputes. 

would" have="have" been="been" had="had" performed;="performed;" former="former" indemnify="indemnify" losses ="losses" suffered="suffered" result="result" fraud.

The process of ADR-- which may be by arbitration or mediation-- is generally a faster, less formal, and less expensive way to resolve a contractual dispute than commencing a lawsuit for breach of contract

more easily spread false information about a company, making profits for themselves while creating losses

as it would have been in had the contract been performed; the former damages are meant to indemnify losses 422 (1996) (noting that in fraud, “ he true measure of damage is indemnity for the actual pecuniary loss

parties to an insurance contract may agree that accrual of the claim runs from the date of the underlying loss If the parties agree to change the accrual date to the date of loss, they must express their intention Generic “date of loss” language, as opposed to “inception of loss” or other similarly specific terms burglary s not specifically set forth in the record,” the Court held that “the date of the underlying loss provide her with a sample copy of the insurance policy that was in effect on the purported date of loss

and/or liabilities arising out of the Trade Contractor’s Work provided that any such claim, damage, loss

building would require the sealing of the windows in the southern wall of the unit and the consequential loss it suffered damages in that it could only sell the unit as a legal one-bedroom apartment (due to the loss with respect to the number of legal bedrooms in the unit, such could not be the cause of plaintiff’s loss The Court explained that “ here no … proof offered to establish, as a matter of law, that the loss plaintiff

Sotheby’s and the Gallery agreed to split either the Net Profit or the Net Loss equally. If there was a Net Loss, the Gallery agreed to reimburse Sotheby’s for half of the Net Loss within 5 If a Net Loss occurred, the Gallery agreed to pay Sotheby’s in two equal installments on June 30, 2009 The Painting was sold at a loss on May 10, 2012 for $4.75 million. Upon any default, the outstanding Chowaiki Net Loss became immediately due and payable.

proprietorship and control over the enterprise, and (d) a provision for the sharing of profits and losses

Thus, a GBL § 349 loss must be distinct from the loss incurred by reason of a breach of contract. Chubb , 574 F.3d 64, 66-73 (2d Cir. 2009) (“ lthough a monetary loss is a sufficient injury to satisfy the requirement under § 349, that loss must be independent of the loss caused by the alleged breach Apart from the pecuniary loss of premium payments she alleges, Ms. The Court explained that plaintiff adequately alleged “both a monetary loss stemming from defendant’s

“A liquidated damage provision has its basis in the principle of just compensation for loss. Id. has the burden of establishing that the damages for a breach are disproportionate to the foreseeable losses present evidence that the undiscounted accelerated rent was disproportionate to the landowner’s actual losses the damages set forth in the Surrender Agreement are grossly disproportionate to Columbia’s probable losses