Definition of Damages. As used in this Agreement, the capitalized term “Damages” means any and all losses, costs, damages, expenses, obligations, injuries, liabilities, insurance deductibles and excesses, claims, proceedings, actions, causes of action, demands, deficiencies, lawsuits, judgments or awards, fines, penalties and interest, including reasonable attorneys’ fees, but excluding any indirect, incidental, special, exemplary, consequential or punitive damages.
Appears in 11 contracts
Samples: Distillers Grains Marketing Agreement (Highwater Ethanol LLC), Marketing Agreement (Highwater Ethanol LLC), Corn Oil Marketing Agreement (Heron Lake BioEnergy, LLC)
Definition of Damages. As used in this Agreement, the capitalized term “Damages” means any and all losses, costs, damages, expenses, obligations, injuries, liabilities, insurance deductibles and excesses, claims, proceedings, actions, causes of action, demands, deficiencies, lawsuits, judgments or awards, fines, penalties and interest, including reasonable attorneys’ ' fees, but excluding any indirect, incidental, special, exemplary, consequential or punitive damages.
Appears in 2 contracts
Samples: Corn Oil Marketing Agreement (Red Trail Energy, LLC), Corn Oil Marketing Agreement (Homeland Energy Solutions LLC)
