Limitation of Liability; Disclaimer of Certain Damages. In no event, whether as a result of breach of contract, tort (including negligence and strict liability), or otherwise shall Seller be liable for any or all special, indirect, incidental, penal, punitive or consequential damages of any nature in connection with, or arising from, the transactions contemplated by this Agreement, including, without limitation, delays, lost profits, business interruptions, loss of use, lost business opportunities, loss of revenue, losses and other damages by reason of facility shutdown, equipment damage, cost of replacement power or substitute or temporary facilities or services, cost of capital, loss of goodwill, and claims of suppliers and customers, whether or not such damages were reasonably foreseeable or Seller was advised or aware that such damages might be incurred. Without limiting the foregoing, Buyer, from and after the Closing Date, shall assume any and all liability of any kind for any claims relating to: (i) resale of the Assets by Buyer or any other person or entity; (ii) use of the Assets by Buyer or any other person or entity; (iii) disposal of the Assets by Buyer or any other person or entity; and (iv) loss of, or damage to, the Assets.
Appears in 11 contracts
Samples: Construction Services Agreement, Asset Purchase and Sale Agreement, Asset Purchase and Sale Agreement
