Limitation of Buyer’s Liability. Subject to the obligation of Seller to pay or allow Liquidated Damages to Buyer under this Agreement, neither Seller nor Buyer shall be liable to the other by way of indemnity or by reason of any breach of this Agreement or of statutory duty or by reason of tort (including negligence but excluding any damages payable to a third party caused by a trespass or nuisance for which Seller is responsible pursuant to this Agreement) for any loss of profit or income, loss of use, loss of production, loss of contracts or for any indirect or consequential, multiple, punitive or exemplary damages that may be suffered by the other.
Appears in 2 contracts
Samples: Asset Purchase Agreement, Asset Purchase and Sale Agreement
Limitation of Buyer’s Liability. Subject to the obligation of Seller to pay or allow Liquidated Damages to Buyer under this Agreement, neither Seller nor Buyer shall be liable to the other by way of indemnity or by reason of any breach of this Agreement or of statutory duty or by reason of tort (including negligence but excluding any damages payable to a third party caused by a trespass or nuisance for which Seller is responsible pursuant to this Agreement) for any loss of profit or income, loss of use, loss of production, loss of contracts or for any indirect or consequential, multiple, punitive or exemplary damages that may be suffered by the other.
Appears in 2 contracts
Samples: Asset Purchase and Sale Agreement, Asset Purchase and Sale Agreement