Common use of Damage Waiver Clause in Contracts

Damage Waiver. To the extent permitted by applicable law, no party hereto shall assert, and each such party hereby waives, any claim against any other party, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement or any agreement or instrument contemplated hereby, the Loans, Swingline Loans or Letters of Credit or the use of any proceeds thereof; provided that, nothing in this Section 11.21 shall relieve the Borrower of any obligation it may have pursuant to Section 11.11 to indemnify an Indemnified Person against special, indirect, consequential or punitive damages asserted against such Indemnified Person by a third party.

Damage Waiver. To the extent permitted by applicable law, no party hereto shall assert, and each such party hereby waives, any claim against any other party, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement or any agreement or instrument contemplated hereby, the LoansTransactions, Swingline Loans or Letters of Credit any Loan or the use of any the proceeds thereof; provided that, nothing in this Section 11.21 clause (d) shall relieve the Borrower of any obligation it may have pursuant to Section 11.11 to indemnify an Indemnified Person Indemnitee against special, indirect, consequential or punitive damages asserted against such Indemnified Person Indemnitee by a third party.

Damage Waiver. To the extent permitted by applicable law, no party hereto shall assert, and each such party hereby waives, any claim against any other party, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement or any agreement or instrument contemplated hereby, the LoansTransactions, Swingline Loans or Letters of Credit any Loan or the use of any the proceeds thereof; provided that, nothing in this Section 11.21 clause (C) shall relieve the Borrower of any obligation it may have pursuant to Section 11.11 to indemnify an Indemnified Person Indemnitee against special, indirect, consequential or punitive damages asserted against such Indemnified Person Indemnitee by a third party.

Damage Waiver. To the extent permitted by applicable law, no party hereto shall assert, and each such party hereby waives, any claim against any other partyparty hereto, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement or any agreement or instrument contemplated hereby, the LoansTransactions, Swingline Loans or Letters of Credit any Loan or the use of any the 77 proceeds thereof; provided that, nothing in this Section 11.21 clause (d) shall relieve the Borrower of any obligation it may have pursuant to Section 11.11 to indemnify an Indemnified Person Indemnitee against special, indirect, consequential or punitive damages asserted against such Indemnified Person Indemnitee by a third party.

Damage Waiver. To the extent permitted by applicable law, no party hereto shall assert, and each such party hereby waives, any claim against any other partyparty hereto, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement or any agreement or instrument contemplated hereby, the LoansTransactions, Swingline Loans or Letters of Credit any Loan or the use of any the proceeds thereof; provided that, nothing in this Section 11.21 clause (d) shall relieve the Borrower of any obligation it may have pursuant to Section 11.11 to SMRH:479612560.8 72 indemnify an Indemnified Person Indemnitee against special, indirect, consequential or punitive damages asserted against such Indemnified Person Indemnitee by a third party.