Common use of General Limitation of Liability Clause in Contracts

General Limitation of Liability. Notwithstanding any other provision herein, no claim may be made by any Loan Party, any Lender, the Administrative Agent, any LC Issuer or any other Person against any Loan Party, the Administrative Agent, any LC Issuer, or any other Lender or the Affiliates, directors, officers, employees, agent, controlling person, advisor or other representative of the foregoing or any successor or permitted assign of any of the foregoing for any damages other than actual compensatory damages in respect of any claim for breach of contract or any other theory of liability arising out of or related to the transactions contemplated by this Agreement or any of the other Loan Documents, or any act, omission or event occurring in connection therewith; and the Borrower, each of the other Loan Parties, each Lender, the Administrative Agent, each LC Issuer and the Affiliates, directors, officers, employees, agents, controlling persons, advisors and other representatives of the foregoing any successor or permitted assign of any of the foregoing hereby, to the fullest extent permitted under applicable law, waive, release and agree not to xxx or counterclaim upon any such claim for any special, indirect, consequential or punitive damages (including, without limitation, any loss of profits, business or anticipated savings) (whether or not the claim therefor is based on contract, tort or duty imposed by any applicable legal requirement), whether or not accrued and whether or not known or suspected to exist in their favor; provided that nothing contained in this sentence shall limit the Borrower’s indemnification obligations to the extent set forth in Section 11.02 to the extent such special, indirect, consequential or punitive damages are included in any third party claim in connection with which any Indemnitee is entitled to indemnification under Section 11.02. Notwithstanding the foregoing, each Indemnitee will be obligated to refund and return promptly any and all amounts paid under Section 11.02 to the extent it has been determined in a court of competent jurisdiction in a final and non-appealable decision that such Indemnitee is not entitled to payment of such amounts in accordance with the terms of Section 11.02.

General Limitation of Liability. Notwithstanding any other provision herein, no claim may be made by any Loan Party, any Lender, the Administrative Agent, any LC Issuer or any other Person against any Loan Party, the Administrative Agent, any LC Issuer, or any other Lender or the Affiliates, directors, officers, employees, agent, controlling person, advisor or other representative of the foregoing or any successor or permitted assign of any of the foregoing for any damages other than actual compensatory damages in respect of any claim for breach of contract or any other theory of liability arising out of or related to the transactions contemplated by this Agreement or any of the other Loan Documents, or any act, omission or event occurring in connection therewith; and the Borrower, each of the other Loan Parties, each Lender, the Administrative Agent, each LC Issuer and the Affiliates, directors, officers, employees, agents, controlling persons, advisors and other representatives of the foregoing any successor or permitted assign of any of the foregoing hereby, to the fullest extent permitted under applicable law, waive, release and agree not to xxx sue or counterclaim upon any such claim for any special, indirect, consequential or punitive damages (including, without limitation, any loss of profits, business or anticipated savings) (whether or not the claim therefor is based on contract, tort or duty imposed by any applicable legal requirement), whether or not accrued and whether or not known or suspected to exist in their favor; provided that nothing contained in this sentence shall limit the Borrower’s indemnification obligations to the extent set forth in Section 11.02 to the extent such special, indirect, consequential or punitive damages are included in any third party claim in connection with which any Indemnitee is entitled to indemnification under Section 11.02. Notwithstanding the foregoing, each Indemnitee will be obligated to refund and return promptly any and all amounts paid under Section 11.02 to the extent it has been determined in a court of competent jurisdiction in a final and non-appealable decision that such Indemnitee is not entitled to payment of such amounts in accordance with the terms of Section 11.02.

General Limitation of Liability. Notwithstanding any other provision herein, no claim may be made by any Loan Party, any Lender, the Administrative Agent, any LC Issuer or any other Person against any Loan Party, the Administrative Agent, any LC Issuer, or any other Lender or the Affiliates, directors, officers, 160 employees, agent, controlling person, advisor or other representative of the foregoing or any successor or permitted assign of any of the foregoing for any damages other than actual compensatory damages in respect of any claim for breach of contract or any other theory of liability arising out of or related to the transactions contemplated by this Agreement or any of the other Loan Documents, or any act, omission or event occurring in connection therewith; and the Borrower, each of the other Loan Parties, each Lender, the Administrative Agent, each LC Issuer and the Affiliates, directors, officers, employees, agents, controlling persons, advisors and other representatives of the foregoing any successor or permitted assign of any of the foregoing hereby, to the fullest extent permitted under applicable law, waive, release and agree not to xxx sue or counterclaim upon any such claim for any special, indirect, consequential or punitive damages (including, without limitation, any loss of profits, business or anticipated savings) (whether or not the claim therefor is based on contract, tort or duty imposed by any applicable legal requirement), whether or not accrued and whether or not known or suspected to exist in their favor; provided that nothing contained in this sentence shall limit the Borrower’s indemnification obligations to the extent set forth in Section 11.02 to the extent such special, indirect, consequential or punitive damages are included in any third party claim in connection with which any Indemnitee is entitled to indemnification under Section 11.02. Notwithstanding the foregoing, each Indemnitee will be obligated to refund and return promptly any and all amounts paid under Section 11.02 to the extent it has been determined in a court of competent jurisdiction in a final and non-appealable decision that such Indemnitee is not entitled to payment of such amounts in accordance with the terms of Section 11.02.