Common use of Limitation of Remedies and Damages Clause in Contracts

Limitation of Remedies and Damages. In the event there is any dispute under this Agreement, the aggrieved party shall not be entitled to exemplary or punitive damages so that the aggrieved party’s remedy in connection with any action arising under or in any way related to this Agreement shall be limited to a breach of contract action and any damages in connection therewith are limited to actual and direct damages, except that CDF may seek equitable relief in connection with any judicial repossession of, or temporary restraining order with respect to, the Collateral.

Appears in 10 contracts

Samples: Inventory Financing Agreement, Business Financing Agreement, Inventory Financing Agreement (Marinemax Inc)

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Limitation of Remedies and Damages. In the event there is any dispute under this Agreement, the aggrieved party shall not be entitled to exemplary or punitive damages so that the aggrieved party’s remedy in connection with any action arising under or in any way related to this Agreement shall be limited to a breach of contract action and any damages in connection therewith are limited to actual and direct damages, except that CDF Agent may seek equitable relief in connection with any judicial repossession of, or temporary restraining order with respect to, the Collateral.

Appears in 6 contracts

Samples: Loan and Security Agreement (Marinemax Inc), Loan and Security Agreement (Marinemax Inc), Inventory Financing Agreement (OneWater Marine Inc.)

Limitation of Remedies and Damages. In the event there is any dispute under this Agreement, the aggrieved party shall not be entitled to exemplary or punitive damages so that the aggrieved party’s 's remedy in connection with any action arising under or in any way related to this Agreement shall be limited to a breach of contract action and any damages in connection therewith are limited to actual and direct damages, except that CDF Lender may seek equitable relief in connection with any judicial repossession of, or temporary restraining order with respect to, the Collateral.

Appears in 3 contracts

Samples: Inventory Financing Agreement, Inventory Financing Agreement (HASCO Medical, Inc.), Inventory Financing Agreement (Hickory Tech Corp)

Limitation of Remedies and Damages. In the event there is any dispute under this Agreement, the aggrieved party shall not be entitled to exemplary or punitive damages so that the aggrieved party’s remedy in connection with any action arising under or in any way related to this Agreement shall be limited to a breach of contract action and any damages in connection therewith are limited to actual and direct damages, except that CDF may seek equitable relief in connection with any judicial repossession of, or temporary restraining order with respect to, the Collateral.

Appears in 2 contracts

Samples: Revolving Loan Credit Agreement (CDW Corp), Intercreditor Agreement (CDW Finance Corp)

Limitation of Remedies and Damages. In the event there is any dispute under this Agreement, the aggrieved party shall not be entitled to exemplary or punitive damages so that the aggrieved party’s 's remedy in connection with any action arising under or in any way related to this Agreement shall be limited to a breach of contract action and any damages in connection therewith are limited to actual and direct damages, except that CDF Agent may seek equitable relief in connection with any judicial repossession of, or temporary restraining order with respect to, the Collateral.

Appears in 2 contracts

Samples: Inventory Financing Agreement (OneWater Marine Inc.), Inventory Financing Agreement (OneWater Marine Inc.)

Limitation of Remedies and Damages. In the event there is any dispute under this Agreement, the aggrieved party shall not be entitled to exemplary or punitive damages so that the aggrieved party’s remedy in connection with any action arising under or in any way related to this Agreement shall be limited to a breach of contract action and any damages in connection therewith are limited to actual and direct damages, except that CDF may seek equitable relief in connection with any judicial repossession of, or temporary restraining order with respect to, the Collateral.. 63670 (12/08) Approved by 4: 8/26/09 and 8/28/08

Appears in 1 contract

Samples: Business Financing Agreement (FusionStorm Global, Inc.)

Limitation of Remedies and Damages. In the event there is any dispute under this Agreement, the aggrieved party shall not be entitled to exemplary or punitive damages so that the aggrieved party’s remedy in connection with any action arising under or in any way related to this Agreement shall be limited to a breach of contract action and any damages in connection therewith are limited to actual and direct damages, except that CDF may seek equitable relief in connection with any judicial repossession of, or temporary restraining order with respect to, the CollateralInventory.

Appears in 1 contract

Samples: Vendor Agreement (Arctic Cat Inc)

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Limitation of Remedies and Damages. In the event there is any dispute under this Agreement, the aggrieved party shall not be entitled to exemplary or punitive damages so that the aggrieved party’s remedy in connection with any action arising under or in any way related to this Agreement shall be limited to a breach of contract action and any damages in connection therewith are limited to actual and direct damages, except that CDF Lender may seek equitable relief in connection with any judicial repossession of, or temporary restraining order with respect to, the Collateral.

Appears in 1 contract

Samples: Inventory Financing Agreement (1847 Holdings LLC)

Limitation of Remedies and Damages. In the event there is any dispute under this Agreement, the aggrieved party shall not be entitled to exemplary or punitive damages so that the aggrieved party’s 's remedy in connection with any action arising under or in any way related to this Agreement shall be limited to a breach of contract action and any damages in connection therewith are limited to actual and direct damages, except that CDF Agent may seek equitable relief in connection with any judicial repossession of, or temporary restraining order with respect to, the CollateralXxxxxxxxxx.

Appears in 1 contract

Samples: Inventory Financing Agreement (OneWater Marine Inc.)

Limitation of Remedies and Damages. In the event there is any dispute under this Agreement, the aggrieved party shall not be entitled to exemplary or punitive damages so that the aggrieved party’s 's remedy in connection with any action arising under or in any way related to this Agreement shall be limited to a breach of contract action and any damages in connection therewith are limited to actual and direct damages, except that CDF may seek equitable relief in connection with any judicial repossession of, or temporary restraining order with respect to, the Collateral.

Appears in 1 contract

Samples: Inventory Financing Agreement (Jennifer Convertibles Inc)

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