Exclusive Monetary Remedy; No Consequential Damages. The parties hereto hereby acknowledge and agree that their sole and exclusive remedy for monetary damages with respect to any and all claims relating to the subject matter of this Agreement (except damages resulting from the commission of fraud with respect to the subject matter of this Agreement) shall be pursuant to the indemnification provisions set forth in Articles XIII and XV; provided, however, that nothing in this Section 15.8 shall limit in any way the availability of specific performance, injunctive relief or other equitable remedies to which a party may otherwise be entitled. In no event shall any party hereto be liable to another party hereto for such other party's lost profits, lost revenues or other indirect or consequential damages.
Appears in 3 contracts
Samples: Agreement and Plan of Restructuring and Merger (Unitedglobalcom Inc), Agreement and Plan of Restructuring and Merger (Liberty Media Corp /De/), Agreement and Plan of Restructuring and Merger (Unitedglobalcom Inc)
Exclusive Monetary Remedy; No Consequential Damages. The parties hereto hereby acknowledge and agree that their sole and exclusive remedy for monetary damages with respect to any and all claims relating to the subject matter of this Agreement (except damages resulting from the commission of fraud with respect to the subject matter of this Agreement) shall be pursuant to the indemnification provisions set forth in Articles XIII and XV; provided, however, that nothing in this Section 15.8 shall limit in any way the availability of specific performance, injunctive relief or other equitable remedies to which a party may otherwise be entitled. In no event shall any party hereto be liable to another party hereto for such other party's lost profits, lost revenues or other indirect or consequential damages.. 55
Appears in 2 contracts
Samples: Agreement and Plan of Restructuring and Merger (New Unitedglobalcom Inc), Agreement and Plan of Restructuring and Merger (Liberty Media Corp /De/)
Exclusive Monetary Remedy; No Consequential Damages. The parties hereto Parties hereby acknowledge and agree that their sole and exclusive monetary remedy for monetary damages with respect to any and all claims relating to the subject matter of this Agreement (except damages resulting from and the commission transactions contemplated hereby, regardless of fraud with respect to whether the subject matter of this Agreement) shall relief demanded or sought is found in contract or tort, will be pursuant to the indemnification provisions set forth in Articles XIII and XV; providedthis Article VII. Notwithstanding anything in the immediately preceding sentence to the contrary, however, that nothing in this Section 15.8 shall 7.6 will limit in any way the availability of specific performance, injunctive relief relief, rescission, or other equitable non-monetary remedies to which a party Party may otherwise be entitled. In no event shall will any party hereto Party be liable to another party hereto any other Person for such other party's Person’s lost profits, loss of use, lost revenues revenues, or other indirect indirect, incidental, special, or consequential damagesLosses.
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