LIMITATION ON CLASSES OF DAMAGES. Buyer and Seller mutually waive and release to the fullest extent permitted by applicable law, and none of the Seller Parties or Buyer Parties shall be entitled to recover from Buyer or Seller or their respective Affiliates, all of the following Claims for damages arising out of this Agreement, whether such Claims are made in connection with an indemnity specified in this Section 10, a breach of any obligation under this Contract or otherwise, except for Claims arising from the obligation of a Party to indemnify the other Party for Third Party Claims: (1) Loss of prospective economic advantage or benefit. (2) Loss of business opportunity.
Appears in 2 contracts
Samples: Asset Sale and Purchase Agreement, Asset Sale and Purchase Agreement
LIMITATION ON CLASSES OF DAMAGES. Buyer and Seller mutually waive and release to the fullest extent permitted by applicable law, and none of the Seller Parties or Buyer Parties shall be entitled to recover from Buyer or Seller or their respective Affiliates, all of the following Claims for damages arising out of this Agreement, whether such Claims are made in connection with an indemnity specified in this Section 10, a breach of any obligation under this Contract or otherwise, except for Claims arising from the obligation of a Party to indemnify the other Party for Third Party Claims:
(A) Indirect or consequential loss, including all of the following:
(1) Loss of prospective economic advantage or benefit.
(2) Loss of business opportunity.
(B) Punitive or exemplary damages.
Appears in 2 contracts
Samples: Asset Sale and Purchase Agreement (Tesoro Logistics Lp), Asset Sale and Purchase Agreement (Tesoro Logistics Lp)