Limitation on Awards. Arbitrators may not award (i) incidental, consequential or punitive damages in the resolutions of any Dispute and the Parties hereby waive all rights to and claims for monetary awards other than compensatory damages, (ii) any other right or remedy that contravenes the terms and conditions of this Agreement, or (iii) except as provided in Section 3.2, termination of this Agreement.
Appears in 2 contracts
Samples: Fixed Point Microwave Services Agreement (Pathnet Inc), Fixed Point Microwave Services Agreement (Pathnet Inc)
Limitation on Awards. Arbitrators may not award (i) incidental, consequential or punitive damages in the resolutions of any Dispute and the Parties hereby waive all rights to and claims for monetary awards other than compensatory damages, except as provided in Section 16.2(d) of this Agreement, (ii) the right to terminate this Agreement or any of the rights and obligations hereunder except pursuant to SECTION 3.3, or (iii) any other right or remedy that contravenes the terms and conditions of this Agreement, or (iii) except as provided in Section 3.2, termination of this Agreement.
Appears in 2 contracts
Samples: Fixed Point Microwave Services Agreement (Pathnet Inc), Fixed Point Microwave Services Agreement (Pathnet Inc)
Limitation on Awards. Except as provided in Section 16.2(b), Arbitrators may not award (i) incidental, consequential or punitive damages in the resolutions of any Dispute and the Parties hereby waive all rights to and claims for monetary awards other than compensatory damages, (ii) the right to terminate this Agreement or any of the rights and obligations hereunder, or (iii) any other right or remedy that contravenes the terms and conditions of this Agreement, or (iii) except as provided in Section 3.2, termination of this Agreement.
Appears in 2 contracts
Samples: Fixed Point Microwave Services Agreement (Pathnet Inc), Fixed Point Microwave Services Agreement (Pathnet Inc)
Limitation on Awards. Arbitrators Except as provided in SECTION 15.2.2, arbitrators may not award (i) incidental, special, consequential or punitive damages in the resolutions of any Dispute and the Parties hereby waive all rights to and claims for monetary awards other than compensatory damages, (ii) the right to terminate this Agreement or any of the rights and obligations hereunder, or (iii) any other right or remedy that contravenes the terms and conditions of this Agreement, or (iii) except as provided in Section 3.2, termination of this Agreement.
Appears in 2 contracts
Samples: Fixed Point Microwave Services Agreement (Pathnet Inc), Fixed Point Microwave Services Agreement (Pathnet Inc)
Limitation on Awards. Arbitrators Notwithstanding anything set forth herein or in the Arbitration Rules to the contrary, arbitrators may not award (i) incidental, consequential or punitive damages in the resolutions of any Dispute and the Parties hereby waive all rights to and claims for monetary awards other than compensatory damages, (ii) any other right or remedy that contravenes the terms and conditions of this Agreement, or (iii) except as provided in Section 3.2, termination of this Agreement.
Appears in 1 contract
Samples: Maintenance and Provisioning Services Agreement (Pathnet Inc)