Common use of Consequential and Punitive Damages Clause in Contracts

Consequential and Punitive Damages. Seller and Purchaser each waive any right to xxx the other for any consequential or punitive damages for matters arising under this Agreement (it being understood that Seller and Purchaser each have waived the right to obtain incidental, special, exemplary or consequential damages in connection with any default of Purchaser or Seller respectively, or otherwise, which, in the case of Purchaser, include, without limitation, loss of profits or inability to secure lenders, investors or buyers). This Section 13.3 shall survive Closing or termination of this Agreement.

Appears in 5 contracts

Samples: Agreement of Sale and Purchase (HGR Liquidating Trust), Agreement of Sale and Purchase (Hines Real Estate Investment Trust Inc), Agreement of Sale and Purchase (Hines Real Estate Investment Trust Inc)

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Consequential and Punitive Damages. Seller and Purchaser each waive any right to xxx the other for any consequential or punitive damages for matters arising under this Agreement (it being understood that Seller and Purchaser each have waived the right to obtain incidental, special, exemplary or consequential damages in connection with any default of Purchaser or Seller respectively, or otherwise, which, in the case of Purchaser, include, without limitation, loss of profits or inability to secure lenders, investors or buyers). This Section 13.3 shall survive Closing or termination of this Agreement.

Appears in 3 contracts

Samples: Agreement of Sale and Purchase (Hines Global REIT, Inc.), Agreement of Sale and Purchase (Hines Global REIT, Inc.), Sale Agreement (Hines Global REIT, Inc.)

Consequential and Punitive Damages. Seller Sellers and Purchaser each waive any right to xxx the other for any consequential or punitive damages for matters arising under this Agreement (it being understood that Seller Sellers and Purchaser each have waived the right to obtain incidental, special, exemplary or consequential damages in connection with any default of Purchaser or Seller Sellers respectively, or otherwise, which, in the case of Purchaser, include, without limitation, loss of profits or inability to secure lenders, investors or buyers). This Section 13.3 shall survive Closing or termination of this Agreement.

Appears in 3 contracts

Samples: Agreement of Sale and Purchase (Hines Real Estate Investment Trust Inc), Agreement of Sale and Purchase (Preferred Apartment Communities Inc), Agreement of Sale and Purchase (Preferred Apartment Communities Inc)

Consequential and Punitive Damages. Each of Seller and Purchaser each waive waives any right to xxx the other for any consequential or punitive damages for matters arising under this Agreement (it being understood that each of Seller and Purchaser each have has waived the right to obtain incidental, special, exemplary or consequential damages in connection with any default of Purchaser or Seller respectively, or otherwise, which, in the case of Purchaser, include, without limitation, loss of profits or inability to secure lenders, investors or buyers). This Section 13.3 shall survive Closing or termination of this Agreement.

Appears in 2 contracts

Samples: Agreement of Sale and Purchase (Hines Real Estate Investment Trust Inc), Agreement of Sale and Purchase (Hines Real Estate Investment Trust Inc)

Consequential and Punitive Damages. Each of Seller and Purchaser each waive waives any right to xxx the other for any consequential or punitive damages for matters arising under this Agreement (it being understood that each of Seller and Purchaser each have has waived the right to obtain incidental, special, exemplary or consequential damages in connection with any default of Purchaser or Seller respectively, or otherwise, which, in the case of Purchaser, which include, without limitation, loss of profits or inability to secure lenders, investors or buyers). This Section 13.3 shall survive Closing or termination of this Agreement.

Appears in 1 contract

Samples: Agreement of Sale and Purchase (Hines Global REIT, Inc.)

Consequential and Punitive Damages. Seller Sellers and Purchaser each waive any right to xxx the other for any consequential or punitive damages for matters arising under this Agreement (it being understood that Seller Sellers and Purchaser each have waived the right to obtain incidental, special, exemplary or consequential damages in connection with any default of Purchaser or Seller Sellers respectively, or otherwise, which, in the case of Purchaser, include, without limitation, loss of profits -49- or inability to secure lenders, investors or buyers). This Section 13.3 shall survive Closing or termination of this Agreement.

Appears in 1 contract

Samples: Agreement of Sale and Purchase (Hines Real Estate Investment Trust Inc)

Consequential and Punitive Damages. Each of Seller and Purchaser each waive any right to xxx the other for any consequential or punitive damages for matters arising under this Agreement (it being understood that each of Seller and Purchaser each have waived the right to obtain incidental, special, exemplary or consequential damages in connection with any default of Purchaser or Seller Seller, respectively, or otherwise, which, in the case of Purchaser, include, without limitation, loss of profits or inability to secure lenders, investors or buyers). This Section 13.3 shall survive Closing or termination of this Agreement.. ARTICLE XIV

Appears in 1 contract

Samples: Agreement of Sale and Purchase (Cole Office & Industrial REIT (CCIT II), Inc.)

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Consequential and Punitive Damages. Seller and Purchaser each Sellers waive any right to xxx the other Purchaser, and Purchaser waives any right to xxx Xxxxxxx, for any consequential or punitive damages for matters arising under this Agreement (it being understood that Seller each of Owner LLC, Garage LLC and Purchaser each have has waived the right to obtain incidental, special, exemplary or consequential damages in connection with any default of Purchaser or Seller Sellers respectively, or otherwise, which, in the case of Purchaser, include, without limitation, loss of profits or inability to secure lenders, investors or buyers). This Section 13.3 shall survive Closing or termination of this Agreement.

Appears in 1 contract

Samples: Agreement of Sale and Purchase (HGR Liquidating Trust)

Consequential and Punitive Damages. Each of Seller and Purchaser each waive any right to xxx the other for any consequential or punitive damages for matters arising under this Agreement with respect to any breach of a covenant or agreement hereunder (it being understood that each of Seller and Purchaser each have waived the right to obtain incidental, special, exemplary or consequential damages in connection with any default of Purchaser or Seller respectively, or otherwise, which, in the case of Purchaser, include, without limitation, loss of profits or inability to secure lenders, investors or buyers), provided that the foregoing shall not limit Purchaser’s remedies under the R&W Insurance Policy. This Section 13.3 shall survive Closing or termination of this Agreement.

Appears in 1 contract

Samples: Agreement of Sale and Purchase (Hines Global REIT, Inc.)

Consequential and Punitive Damages. Each of Seller and Purchaser each waive any right to xxx the other for any consequential or punitive damages for matters arising under this Agreement (it being understood that each of Seller and Purchaser each have waived the right to obtain incidental, special, exemplary or consequential damages in connection with any default of Purchaser or Seller respectively, or otherwise, which, in the case of Purchaser, include, without limitation, loss of profits or inability to secure lenders, investors or buyers). This Section 13.3 shall survive Closing or termination of this Agreement.

Appears in 1 contract

Samples: Agreement of Sale and Purchase (Hines Real Estate Investment Trust Inc)

Consequential and Punitive Damages. Seller Each of Sellers and Purchaser each waive any right to xxx the other for any consequential or punitive damages for matters arising under this Agreement (it being understood that Seller each of Sellers and Purchaser each have waived the right to obtain incidental, special, exemplary or consequential damages in connection with any default of Purchaser or Seller Sellers respectively, or otherwise, which, in the case of Purchaser, include, without limitation, loss of profits or inability to secure lenders, investors or buyers). This Section 13.3 shall survive Closing or termination of this Agreement.

Appears in 1 contract

Samples: Agreement of Sale and Purchase (Hines Real Estate Investment Trust Inc)

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