Nature of Damages. Notwithstanding anything to the contrary contained in this Agreement or any other Transaction Document, in no event shall any Indemnifying Party be liable to any Indemnified Party for any punitive, exemplary, or other similar damages, for any breach or default under, or any act or omission arising out of, or in any way relating to, this Agreement or any other Transaction Document, or the transactions contemplated hereby or thereby, under any form of action whatsoever, whether in contract or otherwise, except to the extent awarded to a Third Party in connection with a Third Party Claim.
Nature of Damages. The agreement to indemnify and hold harmless from liability set forth herein shall include, subject to the limitation of liability contained in Section 7.3, all damages of every kind, reasonable attorney fees, all costs and expenses which may be levied against and out of pocket costs incurred by the Indemnified Parties in connection with any suit, action, legal proceeding, claim or demand.
Nature of Damages. The xxxxges referenced in this Section 00 include damages of any nature whatsoever including without limitation, direct, indirect, special, incidental and consequential damages. No Party shall have any liability for any punitive damages.
Nature of Damages. Except where otherwise recited, in no event shall either party be liable to the other for any consequential, special, punitive or incidental damages, including but not limited to, damages associated with or arising from loss of profit or revenues. Some states do not allow such limitation, and in that event this section shall be modified to comport with that particular state’s regulatory statute. The above remedies are the entire remedies available for the breach of any warranty provided herein or this agreement.
Nature of Damages. Notwithstanding any other provision of this Agreement, no Indemnified Person shall be entitled to indemnification pursuant to this Article XII or Article VIII for any punitive damages, consequential damages or damages based upon a multiple and Losses indemnifiable hereunder shall not include such damages, except (i) to the extent, if any, such Indemnified Person is held liable for such damages to a third party (including a Governmental Entity) or (ii) in the case of fraud.
Nature of Damages. Notwithstanding anything to the contrary contained in this Agreement or any other Transaction Document, in no event shall any Indemnifying Party be liable to any Indemnified Party for any consequential, punitive, indirect, incidental or other similar damages, including lost profits, for any breach or default under, or any act or omission arising out of, or in any way relating to, this Agreement or any other Transaction Document, or the transactions contemplated hereby or thereby, under any form of action whatsoever, whether in contract or otherwise.
Nature of Damages. No party shall be liable for diminution of value or any multiple of earnings (or any other metric) damages, punitive or exemplary damages, special damages, unrealized expectations or other similar items, except in each case to the extent such damages are actually owed by an indemnifying party to a third party.
Nature of Damages. In establishing the damage provisions ------------ ----------------- contained in Section 7.01, the parties understand and agree that the City will incur substantial damages and losses which are and will hereafter be difficult to quantify, ascertain and prove as actual damages for delays in the occurrence of the Commencement Date. Such damages are foreseen to include, without limitation, lost revenue, lost rent, extended or additional costs for observation, inspection, engineering policies, insurance, administration, and also indeterminate damages, including, without limitation, hindrance and inconvenience to members of the public, and deprivation of use and operation. The Developer acknowledges and agrees that the respective amounts of the Delay Payments contained in Section 7.01 (a) are reasonable with due consideration for the type, nature and extent of the Work and benefits expected from the Project;(b) fairly approximate the nature and amount of actual damages which the City may incur as a result of delayed completion; and (c) may be assessed and recovered by the City without proof or evidence concerning the types or amounts of such actual damages.
Nature of Damages. An Indemnifying Party shall not be liable for any consequential, indirect or punitive damages for any misrepresentation or breach of any provision of or any other matter arising pursuant to this Agreement; provided, however, that the foregoing limitation shall not apply or pertain to any consequential, indirect or punitive damages paid by an Indemnified Party by reason of a Third Party Claim.
Nature of Damages. Notwithstanding anything to the contrary contained in this Agreement or any Ancillary Agreement, in no event shall any Indemnifying Party be liable to any Indemnified Party for any consequential, punitive, indirect, incidental or other similar damages, including lost profits, for any breach or default under, or any act or omission arising out of or in any way relating to, this Agreement or any Ancillary Agreements, or the transactions contemplated hereby or thereby, under any form of action whatsoever, whether in contact or otherwise; provided, however, that an Indemnifying Party shall be liable to an Indemnified Party for (x) reasonable foreseeable consequential damages and/or (y) consequential or punitive damages, if, in the case of this clause (y) such damages are awarded to a Third Party against an Indemnified Party pursuant to an action, suit, proceeding, claim, demand or assessment for which the Indemnified Party may seek indemnification under this ARTICLE IX.
