Limited to Actual Damages. The indemnification obligations of the parties pursuant to this Article XI shall be limited to actual Buyer’s Losses or Sellers’ Losses, as the case may be, and shall not include incidental, consequential, indirect, punitive, or exemplary damages, provided that any incidental, consequential, indirect, punitive, or exemplary damages recovered by a third party (including a Governmental Entity, but excluding any Affiliate of any party) against a party entitled to indemnity pursuant to this Article XI shall be included in the damages recoverable under such indemnity.
Appears in 3 contracts
Samples: Asset Purchase and Sale Agreement (Linn Energy, LLC), Asset Purchase and Sale Agreement (Linn Energy, LLC), Asset Purchase and Sale Agreement (Linn Energy, LLC)
Limited to Actual Damages. The indemnification obligations of the parties pursuant to this Article XI shall be limited to actual Buyer’s 's Losses or Sellers’ Seller's Losses, as the case may be, and shall not include incidental, consequential, indirect, punitive, or exemplary damages, provided that any incidental, consequential, indirect, punitive, or exemplary damages recovered by a third party (including a Governmental Entity, but excluding any Affiliate of any party) against a party entitled to indemnity pursuant to this Article XI shall be included in the damages recoverable under such indemnity.
Appears in 2 contracts
Samples: Asset Purchase and Sale Agreement (Swift Energy Co), Asset Purchase and Sale Agreement (EV Energy Partners, LP)
Limited to Actual Damages. The indemnification obligations of the parties pursuant to this Article XI shall be limited to actual Buyer’s Losses or Sellers’ Losses, as the case may be, damages and shall not include incidental, consequential, indirect, punitive, or exemplary damages, provided that any incidental, consequential, indirect, punitive, or exemplary damages recovered by a third party (including a Governmental Entity, but excluding any Affiliate of any party) against a party entitled to indemnity pursuant to this Article XI shall be included in the damages recoverable under such indemnity.
Appears in 2 contracts
Samples: Purchase and Sale Agreement (Viking Energy Group, Inc.), Purchase and Sale Agreement (Viking Energy Group, Inc.)
Limited to Actual Damages. The indemnification obligations of the parties pursuant to this Article XI shall be limited to actual Buyer’s Losses or Sellers’ Losses, as the case may be, and shall not include incidental, special, consequential, indirect, punitive, or exemplary damages, provided that any incidental, special, consequential, indirect, punitive, or exemplary damages recovered by a third party (including a Governmental Entity, but excluding any Affiliate of any party) against a party entitled to indemnity pursuant to this Article XI shall be included in the damages recoverable under such indemnity.
Appears in 1 contract
Samples: Asset Purchase and Sale Agreement (Linn Energy, LLC)
Limited to Actual Damages. The indemnification obligations of the parties pursuant to this Article XI shall be limited to actual Buyer’s Losses or LP Sellers’ Losses, as the case may be, and shall not include incidental, consequential, indirect, punitive, or exemplary damages, provided that any incidental, consequential, indirect, punitive, or exemplary damages recovered by a third party (including a Governmental Entity, but excluding any Affiliate of any party) against a party entitled to indemnity pursuant to this Article XI shall be included in the damages recoverable under such indemnity.
Appears in 1 contract
Samples: Limited Partnership Asset Purchase and Sale Agreement (Linn Energy, LLC)
Limited to Actual Damages. The indemnification obligations of the parties pursuant to provided in this Article XI shall will be limited to actual Buyer’s Losses or Sellers’ Losses, as the case may be, Damages (including lost profits with respect to a breach of Section 4.13 (Contracts)) and shall will not include incidental, consequential, indirect, punitive, special or exemplary damagesDamages, provided that any incidental, consequential, indirect, punitive, special or exemplary damages Damages recovered by a third party Person (including a Governmental Entity, but excluding any Affiliate of any party) against a party entitled to indemnity pursuant to this Article XI shall will be included in the damages Damages recoverable from the indemnitor under such indemnity.
Appears in 1 contract
Samples: Partnership Interest Purchase and Sale Agreement (Crosstex Energy Lp)
Limited to Actual Damages. The indemnification obligations of the parties Parties pursuant to this Article XI ARTICLE X shall be limited to actual Buyer’s Buyer Indemnified Losses or Sellers’ Seller Indemnified Losses, as the case may be, and shall not include incidental, consequential, indirect, punitive, or exemplary damages, provided that any incidental, consequential, indirect, punitive, or exemplary damages recovered by a third third-party (including a Governmental Entity, but excluding any Affiliate of any partyParty) against a party Party entitled to indemnity pursuant to this Article XI ARTICLE X shall be included in the damages recoverable under such indemnity.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Reef Oil & Gas Drilling & Income Fund, L.P.)
Limited to Actual Damages. The indemnification obligations of the parties pursuant to this Article XI shall be limited to actual Buyer’s Losses or Sellers’ Losses, as the case may be, Damages and shall not include incidental, consequential, indirect, punitive, or exemplary damagesDamages, provided that any incidental, consequential, indirect, punitive, or exemplary damages Damages recovered by a third party (including a Governmental Entity, but excluding any Affiliate of any party) against a party entitled to indemnity pursuant to this Article XI shall be included in the damages Damages recoverable under such indemnity.
Appears in 1 contract
Samples: Asset Purchase and Sale Agreement (Constellation Energy Partners LLC)