No Consequential or Punitive Damages. Neither Party hereto (or any of their respective Affiliates) shall, under any circumstance, be liable to the other Party (or its Affiliates) for any consequential, exemplary, special, indirect, incidental or punitive damages claimed by such other Party under the terms of or due to any breach of this Agreement, including, but not limited to, loss of revenue or income, cost of capital, or loss of business reputation or opportunity.
Appears in 14 contracts
Samples: Purchase and Sale Agreement (Orogen Energy, Inc.), Purchase and Sale Agreement (Orogen Energy, Inc.), Purchase and Sale Agreement (Orogen Energy, Inc.)
No Consequential or Punitive Damages. Neither Party No party hereto (or any of their respective its Affiliates) shall, under any circumstance, be liable to the any other Party party (or its Affiliates) for any consequential, exemplary, special, indirect, incidental or punitive damages claimed by such other Party party under the terms of or due to any breach of this Agreement, including, but not limited to, loss of revenue or income, cost of capital, or loss of business reputation or opportunity.
Appears in 7 contracts
Samples: Purchase Agreement (Oneok Inc /New/), Redemption Agreement (Energy Transfer Equity, L.P.), Limited Liability Company Agreement (Energy Transfer Partners, L.P.)
No Consequential or Punitive Damages. Neither In no event shall either Party hereto (or any of their respective Affiliates) shall, under any circumstance, be liable to the any other Party by way of indemnity or by reason of any breach of contract or of statutory duty or by reason of tort (including negligence or its Affiliatesstrict liability) or otherwise for any consequentialloss of profits, exemplaryloss of revenue, specialloss of use, loss of production, loss of contracts or for any incidental, indirect, incidental special or consequential or punitive damages claimed of any other kind or nature whatsoever that may be suffered by such other Party under the terms of or due to any breach of this Agreement, including, but not limited to, loss of revenue or income, cost of capital, or loss of business reputation or opportunityParty.
Appears in 2 contracts
Samples: Asset Management Agreement (Pacific Ethanol, Inc.), Asset Management Agreement (Pacific Ethanol, Inc.)
No Consequential or Punitive Damages. Neither Notwithstanding anything to the contrary elsewhere in this Agreement, no Party hereto (or any of their respective its Affiliates) shall, under in any circumstanceevent, be liable to the other Party (or its Affiliates) for any consequential, exemplary, special, indirect, incidental exemplary or punitive damages claimed by such other Party under the terms of or due to any breach of this Agreementdamages, including, but not limited to, including loss of future revenue or income, cost of capital, or loss of business reputation or opportunityopportunity relating to the breach or alleged breach or nonperformance or alleged nonperformance of this Agreement.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Sunrise Assisted Living Inc), Stock Purchase Agreement (Marriott International Inc /Md/)
No Consequential or Punitive Damages. Neither No Party hereto (or any of their respective Affiliates) shall, under any circumstance, shall be liable to the any other Party (or its Affiliates) for any consequentialspecial, exemplary, specialincidental, indirect, incidental consequential or punitive damages claimed by such other Party under damages, including loss of future revenue or income, loss of business reputation or opportunity relating to the terms of breach or due to any alleged breach of this Agreement, includingor diminution of value or any damages based on any type of multiple, but not limited to, loss except to the extent arising from such Party’s fraud or criminal matters as adjudicated by a court of revenue or income, cost of capital, or loss of business reputation or opportunitycompetent jurisdiction.
Appears in 1 contract
Samples: Asset Purchase Agreement (Salarius Pharmaceuticals, Inc.)
No Consequential or Punitive Damages. Neither The Parties shall only be liable hereunder for direct or compensatory damages. No Party hereto (or any of their respective its Affiliates) shall, under any circumstance, be liable to the any other Party (or its Affiliates) for any indirect, consequential, exemplary, special, indirectincidental, incidental punitive or punitive moral damages or lost revenue, lost income, lost profits, lucro cessante, cost of capital or loss of business reputation or opportunity claimed by such other Party under the terms of or due to any breach of this Agreement, including, but not limited to, loss of revenue or income, cost of capital, or loss of business reputation or opportunity.
Appears in 1 contract
Samples: Termination and Release Agreement
No Consequential or Punitive Damages. Neither No Party hereto (or any of their respective Affiliates) shall, shall under any circumstance, ------------------------------------ circumstance be liable to the any other Party (or its Affiliatesaffiliates) for any consequential, exemplary, special, indirect, incidental or punitive damages claimed by such other Party under the terms of in connection with or due relating to any breach of this AgreementTransaction Document or the Transactions, including, but not limited to, loss of revenue or income, cost of capital, capital or loss of business reputation or opportunity.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Zond Panaero Windsystem Partners I)
No Consequential or Punitive Damages. Neither No Party hereto (or any of their respective Affiliates) shall, shall under any circumstance, circumstance be liable to the any other Party (or its Affiliatesaffiliates) for any consequential, exemplary, special, indirect, incidental or punitive damages claimed by such other Party under the terms of in connection with or due relating to any breach of this AgreementTransaction Document or the Transactions, including, but not limited to, loss of revenue or income, cost of capital, capital or loss of business reputation or opportunity.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Western Wind Energy Corp)
