Common use of Damages Limited Clause in Contracts

Damages Limited. It is acknowledged by the parties that neither the County nor the District would have entered into this Agreement if it were to be liable in damages under or with respect to this Agreement or the application thereof, other than for the payment to the Company of any Purchase Price owing to the Company hereunder, together with interest on the Purchase Price up to the limit described in this Section 18. Any and all obligations arising out of or related to this Agreement are the special and limited obligations of the County and/or the District payable only from funds of the District, to the extent such revenues may become available. Neither the County nor the District shall have any pecuniary liability for any act or omission on the part of the County or the District, except as set forth in this Section 18. In no event will an act, or an omission or failure to act, by the County or the District with respect to the sale or proposed sale of the Series A of 2016 Bonds or any Parity Bonds subject the County or the District to pecuniary liability therefor. In general, each of the parties hereto may pursue any remedy at law or equity available for the breach of any provision of this Agreement; except that the County and the District shall not be liable in damages to the Company, or to any assignee or transferee of the Company, other than to pay up to an amount equal to the Purchase Price for any Project Facility which the County is obligated to acquire from the Company hereunder, together with interest on the Purchase Price at a rate equal to the yield on the Series A of 2016 Bonds. In light of the foregoing, the Company covenants not to sue for or claim any damages for any alleged breach of, or dispute which arises out of, this Agreement, except for the payment of an amount equal to the Purchase Price of any Facility to be acquired from the Company hereunder, together with interest on the Purchase Price up to the limit described in the previous sentence.

Damages Limited. It is acknowledged by the parties Parties that neither the County nor the District would have entered into this Agreement if it were to be liable in damages under or with respect to this Agreement or the application thereof, other than for the payment to the Company of any Purchase Price owing to the Company hereunder, together with interest on the Purchase Price up to the limit described in this Section 18. Any and all obligations arising out of or related to this Agreement are the special and limited obligations of the County and/or the District payable only from funds of the District, to the extent such revenues may become available. Neither the County nor the District shall have any pecuniary liability for any act or omission on the part of the County or the District, except as set forth in this Section 18. In no event will an act, or an omission or failure to act, by the County or the District with respect to the sale or proposed sale of the 2023 Series A of 2016 Bonds or any Parity Bonds subject the County or the District to pecuniary liability therefor. In general, each of the parties Parties hereto may pursue any remedy at law or equity available for the breach of any provision of this Agreement; except that the County and the District shall not be liable in damages to the Company, or to any assignee or transferee of the Company, other than to pay up to an amount equal to the Purchase Price for any Project Facility which the County is obligated to may acquire from the Company or to reimburse the Company for hereunder, together with interest on the Purchase Price at a rate equal to the yield on the 2023 Series A of 2016 Bonds. In light of the foregoing, the Company covenants not to sue for or claim any damages for any alleged breach of, or dispute which arises out of, this Agreement, except for the payment of an amount equal to the Purchase Price of any Facility to be acquired from the Company or reimbursed to the Company hereunder, together with interest on the Purchase Price up to the limit described in the previous sentence.

Damages Limited. It is acknowledged by the parties Parties that neither the County nor the District would have entered into this Agreement if it were to be liable in damages under or with respect to this Agreement or the application thereof, other than for the payment to the Company of any Purchase Price owing to the Company hereunder, together with interest on the Purchase Price up to the limit described in this Section 18. Any and all obligations arising out of or related to this Agreement are the special and limited obligations of the County and/or the District payable only from funds of the District, to the extent such revenues may become available. Neither the County nor the District shall have any pecuniary liability for any act or omission on the part of the County or the District, except as set forth in this Section 18. In no event will an act, or an omission or failure to act, by the County or the District with respect to the sale or proposed sale of the Series A of 2016 2022 Bonds or any Parity Bonds subject the County or the District to pecuniary liability therefor. In general, each of the parties Parties hereto may pursue any remedy at law or equity available for the breach of any provision of this Agreement; except that the County and the District shall not be liable in damages to the Company, or to any assignee or transferee of the Company, other than to pay up to an amount equal to the Purchase Price for any Project Facility which the County is obligated to may acquire from the Company or to reimburse the Company for hereunder, together with interest on the Purchase Price at a rate equal to the yield on the Series A of 2016 2022 Bonds. In light of the foregoing, the Company covenants not to sue for or claim any damages for any alleged breach of, or dispute which arises out of, this Agreement, except for the payment of an amount equal to the Purchase Price of any Facility to be acquired from the Company or reimbursed to the Company hereunder, together with interest on the Purchase Price up to the limit described in the previous sentence.

Damages Limited. It is acknowledged by the parties that neither the County nor the District would have entered into this Agreement if it were to be liable in damages under or with respect to this Agreement or the application thereof, other than for the payment to the Company of any Purchase Price owing to the Company hereunder, together with interest on the Purchase Price up to the limit described in this Section 18. Any and all obligations arising out of or related to this Agreement are the special and limited obligations of the County and/or the District payable only from funds of the District, to the extent such revenues may become available. Neither the County nor the District shall have any pecuniary liability for any act or omission on the part of the County or the District, except as set forth in this Section 18. In no event will an act, or an omission or failure to act, by the County or the District with respect to the sale or proposed sale of the Series A of 2016 2020 Bonds or any Parity Bonds subject the County or the District to pecuniary liability therefor. In general, each of the parties hereto may pursue any remedy at law or equity available for the breach of any provision of this Agreement; except that the County and the District shall not be liable in damages to the Company, or to any assignee or transferee of the Company, other than to pay up to an amount equal to the Purchase Price for any Project Facility which the County is obligated to acquire from the Company hereunder, together with interest on the Purchase Price at a rate equal to the yield on the Series A of 2016 2020 Bonds. In light of the foregoing, the Company covenants not to sue for or claim any damages for any alleged breach of, or dispute which arises out of, this Agreement, except for the payment of an amount equal to the Purchase Price of any Facility to be acquired from the Company hereunder, together with interest on the Purchase Price up to the limit described in the previous sentence.