No Consequential, Incidental or Punitive Damages. Without limiting the provisions of this Section 9.4, each of Buyer and Seller hereby agrees that with respect to any relief such party may seek during the pendency of this Agreement or after Closing for the other party’s default or breach under this Agreement or the Closing documents, whether occurring before or after Closing, such party shall not have the right under any circumstance to seek or claim, and shall not seek, claim, demand, bring suit for or pray for any relief in the nature of consequential, incidental, special, punitive, exemplary or statutory damages, which excluded damages include, without limitation, any claim for “lost opportunities,” “changes in markets,” “loss of tax benefits,” or the like. Nothing in this Section is intended to contradict or bar such party’s right to recover attorneys’ fees pursuant to Section 33, whether or not such damages or compensation might otherwise be characterized as “consequential” or “incidental” damages.
Appears in 2 contracts
Samples: Agreement for Purchase and Sale (Plumas Bancorp), Agreement for Purchase and Sale (Plumas Bancorp)
No Consequential, Incidental or Punitive Damages. Without limiting Each Party further hereby agrees, except as provided in the provisions last sentence of this Section 9.4Section, each of Buyer and Seller hereby agrees that with respect as to any relief such party it may seek during the pendency of this Agreement or after Closing for the other partyParty’s default or breach under this Agreement or the Closing documentshereunder, whether occurring before or after Closing, such party it shall not have the right under any circumstance to seek or claim, and shall not seek, claim, demand, bring suit for or pray for any relief in the nature of consequential, incidental, special, punitive, exemplary or statutory damagesdamages in the event of any breach of this Agreement by the other Party, whether occurring before or after Closing, which excluded damages include, without limitation, any claim for “lost opportunities,” “changes in markets,” “loss of tax benefits,” or the like. Nothing in this Section is intended to contradict or bar such partya Party’s right to damages or compensation in accordance with any provision in any of Sections 15.1 or 15.2 hereof or the right to recover attorneys’ attorney’s fees pursuant to Section 3317.1 hereof, whether or not such damages or compensation might otherwise be characterized as “consequential” or “incidental” damages.
Appears in 2 contracts
Samples: Assignment and Assumption Of (Excel Trust, Inc.), Assignment and Assumption Of (Excel Trust, Inc.)
No Consequential, Incidental or Punitive Damages. Without limiting Each Party further hereby agrees, except as provided in the provisions last sentence of this Section 9.4Section, each of Buyer and Seller hereby agrees that with respect as to any relief such party it may seek during the pendency of this Agreement or after Closing for the other party’s Party's default or breach under this Agreement or the Closing documentshereunder, whether occurring before or after Closing, such party it shall not have the right under any circumstance to seek or claim, and shall not seek, claim, demand, bring suit for or pray for any relief in the nature of consequential, incidental, special, punitive, exemplary or statutory damagesdamages in the event of any breach of this Agreement and/or any of the Transaction Documents by the other Party, whether occurring before or after Closing, which excluded damages include, without limitation, any claim for “lost opportunities,” “changes in markets,” “loss of tax benefits,” or the like. Nothing in this Section is intended to contradict or bar such party’s a Party's right to damages or compensation in accordance with any provision in Sections 8.6(a), (b), (c), (f) or (g) hereof or the right to recover attorneys’ ' fees pursuant to Section 3314.8 hereof, whether or not such damages or compensation might otherwise be characterized as “consequential” or “incidental” damages.
Appears in 2 contracts
Samples: Purchase and Sale Agreement (Pacific Office Properties Trust, Inc.), Purchase and Sale Agreement (Pacific Office Properties Trust, Inc.)
