Default Damages. In the event that either party breaches any of its obligations under this Agreement, in addition to any other remedies provided pursuant to this Agreement or applicable Requirements of Law, the non-breaching party shall be entitled to recover from the breaching party the actual damages which the non-breaching party may incur on account of such breach. Except as otherwise provided in this Agreement, neither party shall be liable to the other party for damages for lost profits, exemplary, punitive, special, incidental, indirect and consequential damages suffered by the other party, including indemnified parties pursuant to Article IX (except any such damages payable by an indemnified party to Persons not related to the parties hereto or liquidated damages payable under this Agreement that may include any of the foregoing) (“Excluded Damages”).
Appears in 4 contracts
Samples: Account Purchase Agreement, Credit Card Account Purchase Agreement (Fulton Financial Corp), Credit Card Account Purchase Agreement (Park National Corp /Oh/)
Default Damages. In the event that either party breaches any of its obligations under this Agreement, in addition to any other remedies provided pursuant to this Agreement or applicable Requirements of Law, the non-breaching party shall be entitled to recover from the breaching party the actual damages which the non-breaching party may incur on account of such breach. Except as otherwise provided in this Agreement, neither party shall be liable to the other party for damages for lost profits, exemplary, punitive, special, incidental, indirect and consequential damages suffered by the other party, including indemnified parties pursuant to Article IX (except any such damages payable by an indemnified party to Persons not related to the parties hereto or liquidated damages payable under this Agreement that may include any of the foregoing) (“"Excluded Damages”").
Appears in 1 contract
Samples: Credit Card Account Purchase Agreement (Bar Harbor Bankshares)
