Limitations on Damages. Notwithstanding anything to the contrary in this Agreement, in no event shall either party hereto be liable for any consequential, exemplary or punitive damages unless such damages are payable to a third party in connection with a Third Party Claim or are based upon fraud, willful misrepresentation or willful misconduct.
Appears in 5 contracts
Samples: Royalty Purchase Agreement (Relief Therapeutics Holding SA), Royalty Purchase Agreement (Relief Therapeutics Holding SA), Royalty Purchase Agreement (Relief Therapeutics Holding SA)
Limitations on Damages. Notwithstanding anything to the contrary contained in this AgreementAgreement or otherwise, in no event Party to this Agreement shall either party hereto be liable to any Indemnified Party for any consequentialspecial, exemplary incidental, punitive, consequential or punitive damages unless such damages are payable to a third party in connection with a Third Party Claim or are based upon fraud, willful misrepresentation or willful misconductsimilar damages.
Appears in 3 contracts
Samples: Asset Purchase Agreement, Asset Purchase Agreement, Asset Purchase Agreement
Limitations on Damages. Notwithstanding anything to the contrary in this Agreement, in no event shall either party hereto be liable for any consequential, exemplary or punitive damages unless such damages are payable to a third party in connection with a Third Party Claim or are based upon fraud, willful misrepresentation fraud or willful misconductmisrepresentation.
Appears in 2 contracts
Samples: Royalty Purchase Agreement (SWK Holdings Corp), Royalty Purchase Agreement (Insite Vision Inc)
Limitations on Damages. Notwithstanding anything to the contrary in this Agreement, in no event shall either party hereto be liable for any consequentialspecial, exemplary indirect, incidental, punitive or punitive consequential damages unless of the other party, whether or not caused by or resulting from the actions of such damages are payable to a third party in connection with a Third Party Claim or are based upon fraudthe breach of its covenants, willful misrepresentation agreements, representations or willful misconduct.warranties hereunder, even if such party has been advised of the possibility of such damages. Section 7.03
Appears in 2 contracts
Samples: Revenue Interest Purchase and Sale Agreement (Verona Pharma PLC), Revenue Interest Purchase and Sale Agreement (Verona Pharma PLC)
Limitations on Damages. Notwithstanding anything to the contrary in this Agreement, in no event shall either party hereto be liable for any consequentialspecial, exemplary indirect, incidental, punitive or punitive consequential damages unless of the other party, whether or not caused by or resulting from the actions of such damages are payable to a third party in connection with a Third Party Claim or are based upon fraudthe breach of its covenants, willful misrepresentation agreements, representations or willful misconductwarranties hereunder, even if such party has been advised of the possibility of such damages.
Appears in 2 contracts
Samples: Security Agreement (Impel Pharmaceuticals Inc), Revenue Interest Financing Agreement (Athenex, Inc.)
Limitations on Damages. Notwithstanding anything to the contrary in this Agreement, in no event shall either any party hereto be liable for any consequential, exemplary or punitive damages unless such to the other party (except for punitive damages that are payable to a the subject of third party in connection with a Third Party Claim or are based upon fraud, willful misrepresentation or willful misconductClaims).
Appears in 2 contracts
Samples: Securities Purchase Agreement (Demand Media Inc.), Stock Purchase Agreement (Demand Media Inc.)
Limitations on Damages. Notwithstanding anything to the contrary in this Agreement, in no event the absence of fraud, none of the parties (as between themselves) shall either be liable to any party hereto be liable for any consequential, incidental, punitive or exemplary damages, whether by statute or, in tort or contract or otherwise, in respect of this Agreement or any schedule hereto (but this shall not preclude recovery of consequential, incidental, punitive or exemplary damages unless such damages are payable if awarded to a third party in connection with a Third Party Claim or are based upon fraud, willful misrepresentation or willful misconductthird party claim).
Appears in 1 contract
Samples: Asset Purchase Agreement (Banyan Rail Services Inc.)
Limitations on Damages. Notwithstanding anything to the contrary in this Agreement, in no event shall either any party hereto be liable for any consequential, exemplary or punitive damages unless such to the other party (except for punitive damages that are payable to a third party in connection with a Third Party Claim or are based upon fraud, willful misrepresentation or willful misconductparties).
Appears in 1 contract
Samples: Agreement and Plan of Merger (Revolution Medicines, Inc.)