No Consequential or Indirect Damages. Except to the extent payable to a Third Party with respect to indemnification claims under Section 10.5(c), in no event shall any Party be liable under this Agreement to another Party for any punitive, incidental, indirect special or consequential damages, including any damages for business interruption, loss of use, revenue or profit, whether arising out of breach of contract, tort (including negligence) or otherwise, regardless of whether such damages were foreseeable and whether or not the breaching Party was advised of the possibility of such damages.
Appears in 3 contracts
Samples: Asset Purchase and Contribution Agreement (Alaska Communications Systems Group Inc), Asset Purchase and Contribution Agreement (Alaska Communications Systems Group Inc), Asset Purchase and Contribution Agreement (Gci Inc)
No Consequential or Indirect Damages. Except to the extent payable to a Third Party with respect to indemnification claims under Section 10.5(c11.5(c), in no event shall any Party be liable under this Agreement to another Party for any punitive, incidental, indirect indirect, special or consequential damages, including any damages for business interruption, loss of use, revenue or profit, whether arising out of breach of contract, tort (including negligence) or otherwise, regardless of whether such damages were foreseeable and whether or not the breaching Party was advised of the possibility of such damages.
Appears in 2 contracts
Samples: Purchase and Sale Agreement (Gci Inc), Purchase and Sale Agreement (Alaska Communications Systems Group Inc)
No Consequential or Indirect Damages. Except to the extent payable to a Third Party with respect to indemnification claims under Section 10.5(c), in In no event shall any either Party be liable under this Agreement to another the other Party or any third party for any punitiveconsequential, indirect, incidental, indirect special special, exemplary, punitive or consequential enhanced damages, including any damages for business interruptionlost profits or revenues, loss of use, revenue or profit, whether diminution in value arising out of breach of contractof, tort (including negligence) relating to, or otherwisein connection with this Agreement, regardless of (a) whether such damages were foreseeable and foreseeable, (b) whether or not the breaching a Party was advised of the possibility of such damagesdamages and (c) the legal or equitable theory (contract, tort, or otherwise) upon which the claim is based.
Appears in 1 contract
Samples: Aco Participation Agreement
No Consequential or Indirect Damages. Except to the extent payable to a Third Party with respect to indemnification claims under as otherwise provided in Section 10.5(c10.3 or this Section 10.4(b), in no event shall any Party the Parties be liable under this Agreement to another any other Party or any third party for any punitiveconsequential, incidental, indirect indirect, exemplary, special or consequential punitive damages, including any damages for business interruption, loss of use, revenue or profit, whether arising out of breach of contractBreach, tort (including negligence) or otherwise, regardless of whether such damages were foreseeable and whether or not the breaching Party was advised of the possibility of such damages.
Appears in 1 contract