Common use of Limitation on Damages Clause in Contracts

Limitation on Damages. In no event will any Party be liable to any other Party under or in connection with this Agreement or in connection with the Transactions for special, general, indirect or consequential damages, including damages for lost profits or lost opportunity, even if the Party sought to be held liable has been advised of the possibility of such damage.

Limitation on Damages. In no event will any Party be liable to any other Party under or in connection with this Agreement or in connection with the Transactions transactions contemplated herein for special, general, indirect or consequential damages, including damages for lost profits or lost opportunity, even if the Party sought to be held liable has been advised of the possibility of such damage.

Limitation on Damages. In no event will any shall either Party be liable for any consequential, indirect, punitive or special damages relating to any other Party its performance of its duties under this Agreement, excepting only damages caused by such Party’s willful misconduct or in connection with this Agreement or in connection with the Transactions for special, general, indirect or consequential damages, including damages for lost profits or lost opportunity, even if the Party sought to be held liable has been advised of the possibility of such damagefraud.

Limitation on Damages. In no event will any Party be liable to any other Party under or in connection with this Agreement or the Ancillary Agreements in connection with the Transactions transactions contemplated herein or therein for special, general, indirect indirect, consequential, or consequential damagespunitive or exemplary damages (other than as set forth in the definition of “Losses” herein), including damages for lost profits or lost opportunity, even if the Party sought to be held liable has been advised of the possibility of such damage.

Limitation on Damages. In no event will any Party be liable to any other Party under or in connection with this Agreement or in connection with the Contemplated Transactions for special, general, indirect indirect, consequential, or consequential punitive or exemplary damages, including damages for lost profits or lost opportunity, even if the Party sought to be held liable has been advised of the possibility of such damage.

Limitation on Damages. In no event will No Party shall, under any Party be liable circumstance, have any liability to any other Party under or in connection with this Agreement or in connection with the Transactions for any special, generalindirect, indirect consequential or consequential damagespunitive damages claimed by such other Party under the terms of or due to any breach or non-performance of this Agreement, including damages for lost profits profits, loss of revenue or lost income, cost of capital, or loss of business reputation or opportunity, even if the Party sought to be held liable has been advised of the possibility of such damage.

Limitation on Damages. In no event will any either Party be liable to the other for (and each Party hereby waives all rights to) any other Party under speculative, consequential, or in connection with this Agreement or in connection with the Transactions for special, general, indirect or consequential damages, including punitive damages for lost profits any breach of or lost opportunity, even if the Party sought to be held liable has been advised of the possibility of such damagedefault under this Agreement.

Limitation on Damages. In no event will any Party be liable to any other Party under or in connection with this Agreement or in connection with the Transactions for special, general, indirect indirect, consequential, or consequential punitive or exemplary damages, including damages for lost profits or lost opportunity, even if the Party sought to be held liable has been advised of the possibility of such damage.

Limitation on Damages. In As a result of any Dispute, no event will any Party shall be liable to any the other Party under or in connection with this Agreement or in connection with the Transactions to any third- party beneficiary for specialany indirect, generalincidental, indirect or consequential damages, including damages for lost profits or lost opportunityunder any theory, even if the Party sought to be held liable allegedly causing such damages has been advised of the possibility of such damagedamages. The Parties waive any right to recover such damages.

Limitation on Damages. In Notwithstanding any other provision of this Agreement, in no event will shall any Party be liable to any other Party under or in connection with this Agreement or in connection with the Transactions for punitive, special, generalincidental, indirect indirect, consequential or consequential damages, including damages for lost profits damages of any kind or lost opportunitynature, even if the Party sought to be held liable has been advised regardless of the possibility form of action through which such damagedamages are sought, except for any such damages recovered by any third party against any Party in respect of which such Party would otherwise be entitled to indemnification pursuant to the terms hereof.

Limitation on Damages. In As a result of any Dispute, no event will any Party shall be liable to any the other Party under or in connection with this Agreement or in connection with the Transactions to any third-party beneficiary for specialany indirect, generalincidental, indirect or consequential damages, including damages for lost profits or lost opportunityunder any theory, even if the Party sought to be held liable allegedly causing such damages has been advised of the possibility of such damagedamages. The Parties waive any right to recover such damages.

Limitation on Damages. In no event will any Party be liable to any other Party under or in connection with this Agreement Note or in connection with the Transactions for special, general, indirect or consequential damages, including damages for lost profits or lost opportunity, even if the Party sought to be held liable has been advised of the possibility of such damage.

Limitation on Damages. In no event will any Party or any shareholder, stockholder, member or partner of any Party be liable to any other Party under or in connection with this Agreement or in connection with the Contemplated Transactions for special, general, indirect indirect, consequential, or consequential punitive or exemplary damages, including damages for lost profits or lost opportunity, even if the Party or any shareholder of member of such Party sought to be held liable has been advised of the possibility of such damage.

Limitation on Damages. In no event will event, whether through arbitration or judicial proceeding, shall any Party be liable to any the other Party under or in connection with this Agreement or in connection with the Transactions for special, generalincidental, indirect or consequential damages, including damages for lost profits of any kind or lost opportunitynature, even if the Party sought to be held liable has been advised of the possibility of such damagedamages in advance.

Limitation on Damages. In Under no event circumstances will any either Party be liable to any the other Party under for indirect, incidental, consequential, special or in connection with this Agreement or in connection with the Transactions for special, general, indirect or consequential damages, including exemplary damages for lost profits or lost opportunity, (even if the Party sought to be held liable such party has been advised of the possibility of such damagedamages), arising from any provision of this Agreement, such as, but not limited to, loss of revenue or anticipated profits or lost business.

Limitation on Damages. In no event will any Party or any shareholder, shareholder, member or partner of any Party be liable to any other Party under or in connection with this Agreement or in connection with the Contemplated Transactions for special, general, indirect indirect, consequential, or consequential punitive or exemplary damages, including damages for lost profits or lost opportunity, even if the Party or any shareholder of member of such Party sought to be held liable has been advised of the possibility of such damage.

Limitation on Damages. In no event will any Party be liable to any other Party under or in connection with this Agreement or in connection with the Transactions transactions contemplated herein for special, general, indirect indirect, consequential, or consequential punitive or exemplary damages, including damages for lost profits or lost opportunity, even if the Party sought to be held liable has been advised of the possibility of such damage.

Limitation on Damages. In Except as otherwise specifically set forth as a remedy in this Agreement, in no event will shall any Party be liable to any other Party under or in connection with this Agreement or in connection with the Transactions for any special, generalindirect, indirect or consequential consequential, exemplary and punitive damages, including and any damages for associated with any lost profits or lost opportunityopportunities, even if including loss of future revenue, income or profits or loss of business reputation (except such categories of damages as are actually awarded to a third party in an action brought against the Party sought to be held liable has been advised Indemnitee); provided that the foregoing shall not limit any Party’s liability for diminution of the possibility of such damagevalue.

Limitation on Damages. In no event will any Party or any shareholder or stockholder of any Party be liable to any other Party under or in connection with this Agreement or in connection with the Contemplated Transactions for special, general, indirect indirect, consequential, or consequential punitive or exemplary damages, including damages for lost profits or lost opportunity, even if the Party or any shareholder of stockholder of such Party sought to be held liable has been advised of the possibility of such damage.

Limitation on Damages. In no event will any shall either Party be liable to any the other Party under for the payment of any consequential (including lost profits), punitive or in connection with this Agreement or in connection with the Transactions for special, general, indirect or consequential exemplary damages, including damages for lost profits or lost opportunity, even if the Party sought to be held liable has been advised of the possibility of such damage.

Limitation on Damages. In no event will either Party have any Party be liable to liability for any other Party under or in connection with this Agreement or in connection with the Transactions for indirect, incidental, special, general, indirect exemplary or consequential damages, however caused and on any theory of liability, whether for breach of contract, tort or otherwise, arising out of or related to this agreement, including damages for lost profits but not limited to, loss of anticipated profits, loss of data, or lost opportunityloss of use, even if the Party sought to be held liable has been advised of the possibility of such damagedamages.

Limitation on Damages. In no event will any Party or any shareholder, member or partner of any Party be liable to any other Party under or in connection with this Agreement or in connection with the Contemplated Transactions for special, general, indirect indirect, consequential, or consequential punitive or exemplary damages, including damages for lost profits or lost opportunity, even if the Party or any shareholder of member of such Party sought to be held liable has been advised of the possibility of such damage.

Limitation on Damages. In Notwithstanding anything in this Agreement to the contrary, in no event will any either Party be liable to any the other Party under for any consequential, incidental or in connection with this Agreement or in connection with the Transactions for special, general, indirect or consequential special damages, including damages for lost profits or lost opportunity, even if the Party sought to be held liable has been advised of the possibility of such damagerevenues or lost profits.

Limitation on Damages. In no event will shall any Party party be liable to any other Party under party for any punitive, incidental, consequential (including lost profits), special or indirect damages, including loss of future revenue or income, loss of business reputation or opportunity relating to the breach or alleged breach of this Agreement, in each case, except to the extent paid or payable to a third party, including a Governmental Authority, or in connection with this Agreement or in connection with the Transactions for special, general, indirect or consequential damages, including damages for lost profits or lost opportunity, even if the any Third Party sought to be held liable has been advised of the possibility of such damageClaim.

Limitation on Damages. In no event will any shall either Party be liable to any the other Party under for special, indirect, incidental or consequential damages arising out of this Agreement other than in connection with such Party’s indemnification obligations under this Agreement or in connection with the Transactions for special, general, indirect or consequential damages, including damages for lost profits or lost opportunity, even if the Party sought to be held liable has been advised of the possibility of such damageAgreement.

Limitation on Damages. In Notwithstanding anything contained in this Agreement to the contrary, no event will any Party shall be liable to any other Party under or in connection with this Agreement or in connection with the Transactions for any consequential, incidental, indirect, special, general, indirect exemplary or consequential damagespunitive damages of such other Party, including damages for lost profits loss of future revenue, income or lost profits, diminution of value or loss of business reputation or opportunity, even if or damages determined as a multiple of income, revenue or the Party sought like, relating to be held liable has been advised the breach or alleged breach of the possibility of such damageany representation, warranty, covenant or agreement in this Agreement.

Limitation on Damages. In no event will shall any Party be liable to any other Party or person or entity (under any contract, negligence, strict liability, or in connection with this Agreement or in connection with the Transactions other theory) for special, generalexemplary, indirect incidental, or consequential damages, including damages for lost profits arising out of or lost opportunityrelated to the subject matter of this agreement, even if the Party sought to be held liable has been advised of the possibility of such damagedamages or losses.

Limitation on Damages. In no event will any Party party be liable to any other Party party under or in connection with this Agreement or in connection with the Transactions transactions contemplated herein for special, general, indirect or consequential damages, including damages for lost profits or lost opportunity, even if the Party party sought to be held liable has been advised of the possibility of such damage.

Limitation on Damages. In no event will any Party shall a party be liable to any the other Party under party for consequential, indirect, speculative or punitive damages in connection with or arising from this Agreement Easement, the Permitted Use or in connection with the Transactions for special, general, indirect or consequential damages, including damages for lost profits or lost opportunity, even if the Party sought to be held liable has been advised of the possibility of such damageEasement Area.

Limitation on Damages. In Under no event will circumstances, so long as it has acted in good faith, shall any Party be liable have any liability of any kind to any other Party under or in connection with this Agreement any third party, for damages (including consequential or in connection with the Transactions for special, general, indirect or consequential punitive damages, including damages for lost profits or lost opportunityopportunity costs) or otherwise, even if the Party sought with respect to be held liable has been advised of the possibility of such damageits election not to enter into Definitive Documentation.

Limitation on Damages. In no event will any Party be liable to any other Party under or in connection with this Agreement or in connection with the Transactions for special, general, indirect indirect, consequential, or consequential punitive or exemplary damages, including damages for lost profits or lost opportunity, even if the Party or any ID Member of member of such Party sought to be held liable has been advised of the possibility of such damage.

Limitation on Damages. In To the fullest extent permitted by Law and notwithstanding anything to the contrary herein, in no event will any Party be liable to any other Party under or in connection with this Agreement or in connection with the Transactions transactions contemplated herein for special, general, indirect indirect, consequential, or consequential punitive or exemplary damages, including damages for lost profits or lost opportunity, even if the Party sought to be held liable has been advised of the possibility of such damage.

Limitation on Damages. In no event will any Party party be liable to any other Party party under or in connection with this Agreement or in connection with the Transactions transactions contemplated herein for special, general, indirect or consequential damages, including damages for lost profits or lost opportunity, even if the Party party sought to be held liable has been advised of the possibility of such damage.

Limitation on Damages. In As a result of any Dispute, no event will any Party shall be liable to any the other Party under or in connection with this Agreement or in connection with the Transactions to any third- party beneficiary for any indirect, special, generalincidental, indirect or consequential damages, including damages for lost profits or lost opportunityunder any theory, even if the Party sought to be held liable allegedly causing such damages has been advised of the possibility of such damagedamages. The Parties waive any right to recover such damages.

Limitation on Damages. In Notwithstanding any term or provision of this Agreement to the contrary, in no event will any either Party to this Agreement be liable to any the other Party under for any consequential, indirect, special, exemplary, punitive, or similar damages arising out of or relating to this Agreement, except to the extent any such Party was required to pay such damages to a third party in connection with this Agreement or a Claim, in connection with the Transactions for special, general, indirect or consequential damages, including which event such damages for lost profits or lost opportunity, even if the Party sought to shall be held liable has been advised of the possibility of such damagerecoverable hereunder.

Limitation on Damages. In To the fullest extent permitted by law and notwithstanding anything to the contrary herein, in no event will any Party be liable to any other Party under or in connection with this Agreement or in connection with the Transactions for special, general, indirect or consequential damages, including damages for lost profits or lost opportunity, even if the Party sought to be held liable has been advised of the possibility of such damage.

Limitation on Damages. In As a result of any Dispute, no event will any Party shall be liable to any the other Party under or in connection with this Agreement or in connection with the Transactions to any third-party beneficiary for any indirect, special, generalincidental, indirect or consequential damages, including damages for lost profits or lost opportunityunder any theory, even if the Party sought to be held liable allegedly causing such damages has been advised of the possibility of such damagedamages. The Parties waive any right to recover such damages.

Limitation on Damages. In Notwithstanding anything herein to the contrary, in no event will any Party be liable to any the other Party under or in connection with this Agreement Note or in connection with the Transactions transactions contemplated herein for special, general, indirect indirect, consequential, or consequential punitive or exemplary damages, including damages for lost profits or lost opportunity, even if the Party sought to be held liable has been advised of the possibility of such damage.

Limitation on Damages. In It is expressly agreed that in no event will any shall a Party be liable to another Party for consequential, incidental, indirect, punitive, exemplary, or special damages suffered by a Party or any other Party under third party unless such liability arises out of a Participant’s non-compliance with Applicable Law or the obligations set forth in connection with this Agreement or in connection with the Transactions for special, general, indirect or consequential damages, including damages for lost profits or lost opportunity, even if the Party sought to be held liable has been advised of the possibility of such damageAgreement.

Limitation on Damages. In no event will shall any Party be liable to any other Party under for any punitive, incidental, consequential, or in connection with special damages relating to the breach or alleged breach of this Agreement or in connection with the Transactions for special, general, indirect or consequential damages, including damages for lost profits or lost opportunity, even if the Party sought to be held liable has been advised of the possibility of such damageAgreement.

Limitation on Damages. In Except as provided in Article VIII as pertaining to Indemnification of the Parties, in no event will any Party be liable to any other Party under or in connection with this Agreement or in connection with the Transactions for special, general, indirect indirect, or consequential damages, including damages for lost profits or lost opportunity, even if the Party sought to be held liable has been advised of the possibility of such damage.