Limitation/Mitigation of Damages. The right to indemnification for a loss or liability, or to a payment or an award in mediation or arbitration between MassMutual and the Plan, and the Plan Sponsor or its agents, is limited to damages arising directly from a breach of this Agreement. The right to damages under this Agreement does not extend to punitive, consequential, incidental, indirect or special damages. Both parties have a duty to mitigate damages.
Appears in 5 contracts
Samples: Massmutual Administrative Services Agreement, Massmutual Administrative Services Agreement, Massmutual Administrative Services Agreement