Common use of Limitations on Remedies Clause in Contracts

Limitations on Remedies. (A) Nothing contained herein shall be deemed to limit or to expand any waivers, covenants, or indemnities made by Xxxxxxxx in favor of L/C Issuer in any Letter of Credit Application, reimbursement agreement, or similar document, instrument, or agreement between Borrower and L/C Issuer. (B) EXCEPT AS MAY BE EXPRESSLY PROVIDED IN THIS AGREEMENT, NEITHER L/C ISSUER (NOR ANY OTHER INDEMNITEE) SHALL BE LIABLE TO BORROWER IN CONTRACT, TORT, OR OTHERWISE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES. (C) Borrower must take action to avoid and reduce the amount of damages claimed against L/C Issuer (or other Indemnitee, as applicable). (D) Xxxxxxxx’s aggregate remedies against L/C Issuer for honoring a presentation or retaining honored documents in breach of L/C Issuer’s obligations to Borrower (whether arising under this Agreement, any other agreement, document, or instrument relating hereto, applicable letter of credit practice or law, or any other applicable law) are limited to the aggregate amounts paid by Borrower to L/C Issuer with respect to the honored presentation. (E) In any dispute or litigation between Xxxxxxxx and L/C Issuer, Borrower shall pay L/C Issuer’s reasonable attorneys’ fees, expert witness fees, and other expenses of litigation or dispute resolution, unless Xxxxxxxx obtains a non-appealable award for damages against L/C Issuer, as so ordered by a court of competent jurisdiction. If Xxxxxxxx prevails in an action based on forgery or fraud of the beneficiary or other presenter, this does not relieve Borrower from its obligation to pay L/C Issuer’s fees and expenses in contesting the entry or maintenance of injunctive relief.

Limitations on Remedies. (A) Nothing contained herein shall be deemed to limit or to expand any waivers, covenants, or indemnities made by Xxxxxxxx Borrower in favor of L/C Issuer Lender in any Letter letter of Credit Applicationcredit application, reimbursement agreement, or similar document, instrument, or agreement between Borrower and L/C IssuerLender. (B) EXCEPT AS MAY BE EXPRESSLY PROVIDED IN THIS AGREEMENT, NEITHER L/C ISSUER (NOR ANY OTHER INDEMNITEE) LENDER SHALL NOT BE LIABLE TO BORROWER IN CONTRACT, TORT, OR OTHERWISE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES. (C) Borrower must take action to avoid and reduce the amount of damages claimed against L/C Issuer Lender (or any other Indemnitee, as applicable). (D) Xxxxxxxx’s aggregate remedies against L/C Issuer Lender for honoring a presentation or retaining honored documents in breach of L/C IssuerXxxxxx’s obligations to Borrower (whether arising under this Agreement, any other agreement, document, or instrument relating hereto, applicable letter of credit practice or law, or any other applicable law) are limited to the aggregate amounts paid by Borrower to L/C Issuer Lender with respect to the honored presentation. (E) In any dispute or litigation between Xxxxxxxx and L/C IssuerXxxxxx, Borrower Xxxxxxxx shall pay L/C IssuerXxxxxx’s reasonable attorneys’ fees, expert witness fees, and other expenses of litigation or dispute resolution, unless Xxxxxxxx obtains a non-appealable award for damages against L/C IssuerXxxxxx, as so ordered by a court of competent jurisdiction. If Xxxxxxxx prevails in an action based on forgery or fraud of the beneficiary or other presenter, this does not relieve Borrower from its obligation to pay L/C IssuerLender’s fees and expenses in contesting the entry or maintenance of injunctive relief.

Limitations on Remedies. (A) Nothing contained herein shall be deemed to limit or to expand any waivers, covenants, or indemnities made by Xxxxxxxx Borrower in favor of L/C Issuer Lender in any Letter letter of Credit Applicationcredit application, reimbursement agreement, or similar document, instrument, or agreement between Borrower and L/C IssuerLender. (B) EXCEPT AS MAY BE EXPRESSLY PROVIDED IN THIS AGREEMENT, NEITHER L/C ISSUER (NOR ANY OTHER INDEMNITEE) LENDER SHALL NOT BE LIABLE TO BORROWER IN CONTRACT, TORT, OR OTHERWISE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES. (C) Borrower must take action to avoid and reduce the amount of damages claimed against L/C Issuer Lender (or any other Indemnitee, as applicable). (D) Xxxxxxxx’s aggregate remedies against L/C Issuer Lender for honoring a presentation or retaining honored documents in breach of L/C IssuerXxxxxx’s obligations to Borrower (whether arising under this Agreement, any other agreement, document, or instrument relating hereto, applicable letter of credit practice or law, or any other applicable law) are limited to the aggregate amounts paid by Borrower to L/C Issuer Lender with respect to the honored presentation. (E) In any dispute or litigation between Xxxxxxxx and L/C IssuerXxxxxx, Borrower shall pay L/C IssuerXxxxxx’s reasonable attorneys’ fees, expert witness fees, and other expenses of litigation or dispute resolution, unless Xxxxxxxx obtains a non-non- appealable award for damages against L/C IssuerXxxxxx, as so ordered by a court of competent jurisdiction. If Xxxxxxxx prevails in an action based on forgery or fraud of the beneficiary or other presenter, this does not relieve Borrower from its obligation to pay L/C Issuer’s fees and expenses in contesting the entry or maintenance of injunctive relief.its

Limitations on Remedies. (A) Nothing contained herein shall be deemed to limit or to expand any waivers, covenants, or indemnities made by Xxxxxxxx Borrower in favor of L/C Issuer Lender in any Letter letter of Credit Applicationcredit application, reimbursement agreement, or similar document, instrument, or agreement between Borrower and L/C IssuerLender. (B) EXCEPT AS MAY BE EXPRESSLY PROVIDED IN THIS AGREEMENT, NEITHER L/C ISSUER (NOR ANY OTHER INDEMNITEE) LENDER SHALL NOT BE LIABLE TO BORROWER IN CONTRACT, TORT, OR OTHERWISE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES. (C) Borrower must take action to avoid and reduce the amount of damages claimed against L/C Issuer Lender (or any other Indemnitee, as applicable). (D) XxxxxxxxBorrower’s aggregate remedies against L/C Issuer Lender for honoring a presentation or retaining honored documents in breach of L/C IssuerXxxxxx’s obligations to Borrower (whether arising under this Agreement, any other agreement, document, or instrument relating hereto, applicable letter of credit practice or law, or any other applicable law) are limited to the aggregate amounts paid by Borrower to L/C Issuer Lender with respect to the honored presentation. (E) In any dispute or litigation between Xxxxxxxx and L/C IssuerXxxxxx, Borrower shall pay L/C IssuerXxxxxx’s reasonable attorneys’ fees, expert witness fees, and other expenses of litigation or dispute resolution, unless Xxxxxxxx obtains a non-appealable award for damages against L/C IssuerXxxxxx, as so ordered by a court of competent jurisdiction. If Xxxxxxxx prevails in an action based on forgery or fraud of the beneficiary or other presenter, this does not relieve Borrower from its obligation to pay L/C IssuerLender’s fees and expenses in contesting the entry or maintenance of injunctive relief.

Limitations on Remedies. (A) Nothing contained herein shall be deemed to limit or to expand any waivers, covenants, or indemnities made by Xxxxxxxx Borrower in favor of L/C Issuer in any Letter letter of Credit Applicationcredit application, reimbursement agreement, or similar document, instrument, or agreement between Borrower and L/C Issuer. (B) EXCEPT AS MAY BE EXPRESSLY PROVIDED IN THIS AGREEMENT, NEITHER L/C ISSUER (NOR ANY OTHER INDEMNITEE) SHALL BE LIABLE TO BORROWER IN CONTRACT, TORT, OR OTHERWISE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES. (C) Borrower must take action to avoid and reduce the amount of damages claimed against L/C Issuer (or other Indemnitee, as applicable). (D) Xxxxxxxx’s aggregate remedies against L/C Issuer for honoring a presentation or retaining honored documents in breach of L/C Issuer’s obligations to Borrower (whether arising under this Agreement, any other agreement, document, or instrument relating hereto, applicable letter of credit practice or law, or any other applicable law) are limited to the aggregate amounts paid by Borrower to L/C Issuer with respect to the honored presentation. (E) In any dispute or litigation between Xxxxxxxx and L/C Issuer, Borrower shall pay L/C Issuer’s reasonable attorneys’ fees, expert witness fees, and other expenses of litigation or dispute resolution, unless Xxxxxxxx obtains a non-appealable award for damages against L/C Issuer, as so ordered by a court of competent jurisdiction. If Xxxxxxxx prevails in an action based on forgery or fraud of the beneficiary or other presenter, this does not relieve Borrower from its obligation to pay L/C Issuer’s fees and expenses in contesting the entry or maintenance of injunctive relief.. 53/Mammoth – Credit Agreement