Common use of No Damages Clause in Contracts

No Damages. In no event shall either Party, or its boards, commissions, officers, agents or employees, be liable in damages for any default under this Development Agreement, it being expressly understood and agreed that the sole legal remedy available to either Party for a breach or violation of this Development Agreement by the other Party shall be an action in mandamus, specific performance or other injunctive or declaratory relief to enforce the provisions of this Development Agreement by the other Party, or to terminate, modify, correct or suspend this Development Agreement. This limitation on damages shall not preclude actions by a Party to enforce an audit, accounting, credits, or payments or reimbursement of monies or the performance of obligations or cancellation or termination of any obligation requiring an obligation of money from the other Party under the terms of this Development Agreement including, but not limited to obligations (if any) to pay attorneys’ fees and obligations to advance monies or reimburse monies or the cancellation and removal of any unlawful imposition of an obligation on either party. In connection with the foregoing provisions, each Party acknowledges, warrants and represents that it has been fully informed with respect to, and represented by counsel of such Party’s choice in connection with, the rights and remedies of such Party hereunder and the waivers herein contained, and after such advice and consultation has presently and actually intended, with full knowledge of such Party’s rights and remedies otherwise available at law or in equity, to waive and relinquish such rights and remedies to the extent specified herein, and to rely to the extent herein specified solely on the remedies provided for herein with respect to any breach of this Development Agreement by the other Party.

Appears in 2 contracts

Samples: Development Agreement, Development Agreement

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No Damages. In no event shall either a Party, or its boards, commissions, members, officers, agents agents, or employees, be liable in damages for any default Default under this Development Agreement, it being expressly understood and agreed that the sole legal remedy available to either a Party for a breach or violation of this Development Agreement by the other another Party shall be an action in mandamus, specific performance performance, or other injunctive or declaratory relief to enforce the provisions of this Development Agreement by the other Party, or to terminate, modify, correct or suspend terminate this Development Agreement. This limitation on damages shall not preclude actions by a Party to enforce an audit, accounting, credits, or payments or reimbursement of monies or the performance of obligations or cancellation or termination of any obligation requiring an obligation of money from the other Party under the terms of this Development Agreement including, but not limited to to, obligations (if any) to pay attorneys’ fees and obligations to advance monies or reimburse monies or the cancellation and removal of any unlawful imposition of an obligation on either partymonies. In connection with the foregoing provisions, each Party acknowledges, warrants and represents that it has been fully informed with respect to, and represented by counsel of such Party’s choice in connection with, the rights and remedies of such Party hereunder and the waivers herein contained, and after such advice and consultation has presently and actually intended, with full knowledge of such Party’s rights and remedies otherwise available at law or in equity, to waive and relinquish such rights and remedies to the extent specified herein, and to rely to the extent herein specified solely on the remedies provided for herein with respect to any breach of this Development Agreement by the other Party.

Appears in 2 contracts

Samples: Development Agreement, Development Agreement

No Damages. In no event shall either Party, or its boards, commissions, officers, agents or employees, be liable in damages for any default under this Development Agreement, it being expressly understood and agreed that the sole legal remedy available to either Party for a breach or violation of this Development Agreement by the other Party shall be an action in mandamus, specific performance or other injunctive or declaratory relief to enforce the provisions of this Development Agreement by the other Party, or to terminate, modify, correct or suspend terminate this Development Agreement. This limitation on damages shall not preclude actions by a Party to enforce an audit, accounting, credits, or payments or reimbursement of monies or the performance of obligations or cancellation or termination of any obligation requiring an obligation of money from the other Party under the terms of this Development Agreement including, but not limited to obligations (if any) to pay attorneys’ fees and obligations to advance monies or reimburse monies or the cancellation and removal of any unlawful imposition of an obligation on either partymonies. In connection with the foregoing provisions, each Party acknowledges, warrants and represents that it has been fully informed with respect to, and represented by counsel of such Party’s choice in connection with, the rights and remedies of such Party hereunder and the waivers herein contained, and after such advice and consultation has presently and actually intended, with full knowledge of such Party’s rights and remedies otherwise available at law or in equity, to waive and relinquish such rights and remedies to the extent specified herein, and to rely to the extent herein specified solely on the remedies provided for herein with respect to any breach of this Development Agreement by the other Party.

Appears in 2 contracts

Samples: Development Agreement, Development Agreement

No Damages. In no event shall either Party, or its boards, commissions, officers, agents or employees, be liable in damages for any default under this Development Agreement, it being expressly understood and agreed that the sole legal remedy available to either Party for a breach or violation of this Development Agreement by the other Party shall be an action in mandamus, specific performance or other injunctive or declaratory relief to enforce the provisions of this Development Agreement by the other Party, or to terminate, modify, correct or suspend terminate this Development Agreement. This limitation on damages shall not preclude actions by a Party to enforce an audit, accounting, credits, or payments or reimbursement of monies or the performance of obligations or cancellation or termination of any obligation requiring an obligation of money from the other Party under the terms of this Development Agreement including, but not limited to obligations (if any) to pay attorneys’ fees and obligations to advance monies or reimburse monies or the cancellation and removal of any unlawful imposition of an obligation on either partymonies. In connection with the foregoing provisions, each Party acknowledges, warrants and represents that it has been fully informed with respect to, and represented by counsel of such Party’s choice in connection with, the rights and remedies of such Party hereunder and the waivers herein contained, and after such advice and consultation has presently and actually intended, with full knowledge of such Party’s rights and remedies otherwise available at law or in equity, to waive and relinquish such rights and remedies to the extent specified herein, and to rely to the extent herein specified solely on the remedies provided for herein with respect to any breach of this Development Agreement by the other Party.

Appears in 2 contracts

Samples: Development Agreement, Development Agreement

No Damages. In no event shall either Partyparty, or its boards, commissions, officers, agents or employees, be liable in damages for any default under this Development Agreement, it being expressly understood and agreed that the sole legal remedy available to either Party party for a breach or violation of this Development Agreement by the other Party party shall be an action in mandamus, specific performance or other injunctive or declaratory relief to enforce the provisions of this Development Agreement by the other Partyparty, or to terminate, modify, correct or suspend terminate this Development Agreement. This limitation on damages shall not preclude actions by a Party party to enforce an audit, accounting, credits, or payments or reimbursement of monies or the performance of obligations or cancellation or termination of any obligation requiring an obligation of money from the other Party party under the terms of this Development Agreement including, but not limited to obligations (if any) to pay attorneys’ fees and obligations to advance monies or reimburse monies or the cancellation and removal of any unlawful imposition of an obligation on either partymonies. In connection with the foregoing provisions, each Party party acknowledges, warrants and represents that it has been fully informed with respect to, and represented by counsel of such Partyparty’s choice in connection with, the rights and remedies of such Party party hereunder and the waivers herein contained, and after such advice and consultation has presently and actually intended, with full knowledge of such Partyparty’s rights and remedies otherwise available at law or in equity, to waive and relinquish such rights and remedies to the extent specified herein, and to rely to the extent herein specified solely on the remedies provided for herein with respect to any breach of this Development Agreement by the other Partyparty. The parties shall bear their own costs of litigation including but not limited to, attorney fees and expert fees, in the event of litigation between the parties.

Appears in 1 contract

Samples: Development Agreement

No Damages. In no event shall either a Party, or its boards, commissions, officers, agents or employees, be liable in damages damages, including without limitation, actual, consequential or punitive damages, for any default Default under this Development Agreement, it being . It is expressly understood and agreed that the sole legal remedy available to either a Party for a breach or violation of this Development Agreement by the other Party shall be an action in mandamus, specific performance or other injunctive or declaratory relief to enforce the provisions of this Development Agreement by the other Party, or to terminate, modify, correct or suspend terminate this Development Agreement. This limitation on damages shall not preclude actions by a Party to enforce an audit, accounting, credits, or payments or reimbursement of monies or the performance of obligations or cancellation or termination of any obligation requiring an obligation of money from the other Party under the terms of this Development Agreement including, but not limited to to, obligations (if any) to pay attorneys’ fees and obligations to advance monies or reimburse monies or the cancellation and removal of any unlawful imposition of an obligation on either partymonies. In connection with the foregoing provisions, each Party acknowledges, warrants and represents that it has been fully informed with respect to, and represented by counsel of such Party’s choice in connection with, the rights and remedies of such Party hereunder and the waivers herein contained, and after such advice and consultation has presently and actually intended, with full knowledge of such Party’s rights and remedies otherwise available at law or in equity, to waive and relinquish such rights and remedies to the extent specified herein, and to rely to the extent herein specified solely on the remedies provided for herein with respect to any breach of this Development Agreement by the other Party.

Appears in 1 contract

Samples: Development Agreement

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No Damages. In no event shall either Party, or its boards, commissions, officers, agents or employees, be liable in damages for any default under this Development Agreement, it being expressly understood and agreed that the sole legal remedy available to either Party for a breach or violation of this Development Agreement by the other Party shall be an action in mandamus, specific performance or other injunctive or declaratory relief to enforce the provisions of this Development Agreement by the other Party, or to terminate, modify, correct or suspend terminate this Development Agreement. This limitation on damages shall not preclude actions by a Party to enforce an audit, accounting, credits, or payments or reimbursement of monies or the performance of obligations or cancellation or termination of any obligation requiring an obligation of money from the other Party under the terms of this Development Agreement including, but not limited to obligations (if any) to pay attorneys’ fees and obligations to advance monies or reimburse monies or the cancellation and removal of any unlawful imposition of an obligation on either partymonies. In connection with the foregoing provisions, each Party acknowledges, warrants and represents that it has been fully informed with respect to, and represented by counsel of such Party’s choice in connection with, the rights and remedies of such Party hereunder and the waivers herein contained, and after such advice and consultation has presently and actually intended, with full knowledge of such Party’s rights and remedies otherwise available at law or in equity, to waive and relinquish such rights and remedies to the extent specified herein, and to rely to the extent herein specified solely on the remedies provided for herein with respect to any breach of this Development Agreement by the other Party.

Appears in 1 contract

Samples: Development Agreement

No Damages. In no event shall either Party, or its boards, commissions, officers, agents or employees, be liable in damages for any default under this Development Agreement, it being expressly understood and agreed that the sole legal remedy available to either Party for a breach or violation of this Development Agreement by the other Party shall be an action in mandamus, specific performance or other injunctive or declaratory relief to enforce the provisions of this Development Agreement by the other Party, or to terminate, modify, correct terminate or suspend this Development Agreement. This limitation on damages shall not preclude actions by a Party to enforce an audit, accounting, credits, or payments or reimbursement of monies or the performance of obligations or cancellation or termination of any obligation requiring an obligation of money from the other Party under the terms of this Development Agreement including, but not limited to obligations (if any) to pay attorneys’ fees and obligations to advance monies or reimburse monies or the cancellation and removal of any unlawful imposition of an obligation on either partymonies. In connection with the foregoing provisions, each Party acknowledges, warrants and represents that it has been fully informed with respect to, and represented by counsel of such Party’s choice in connection with, the rights and remedies of such Party hereunder and the waivers herein contained, and after such advice and consultation has presently and actually intended, with full knowledge of such Party’s rights and remedies otherwise available at law or in equity, to waive and relinquish such rights and remedies to the extent specified herein, and to rely to the extent herein specified solely on the remedies provided for herein with respect to any breach of this Development Agreement by the other Party.

Appears in 1 contract

Samples: Development Agreement

No Damages. In no event shall either a Party, or its boards, commissions, officers, agents or employees, be liable in damages damages, including without limitation, actual, consequential or punitive damages, for any default Default under this Development Agreement, it being . It is expressly understood and agreed that the sole legal remedy available to either a Party for a breach or violation of this Development Agreement by the other Party shall be an action in mandamus, specific performance or and/or other injunctive or declaratory relief to enforce the provisions of this Development Agreement by the other Party, or to terminate, modify, correct or suspend terminate this Development Agreement. This limitation on damages shall not preclude actions by a Party to enforce an audit, accounting, credits, or payments or reimbursement of monies or the performance of obligations or cancellation or termination of any obligation requiring an obligation of money from the other Party under the terms of this Development Agreement including, but not limited to to, obligations (if any) to pay attorneys’ fees and obligations to advance monies or reimburse monies or the cancellation and removal of any unlawful imposition of an obligation on either partymonies. In connection with the foregoing provisions, each Party acknowledges, warrants and represents that it has been fully informed with respect to, and represented by counsel of such Party’s choice in connection with, the rights and remedies of such Party hereunder and the waivers herein contained, and after such advice and consultation has presently and actually intended, with full knowledge of such Party’s rights and remedies otherwise available at law or in equity, to waive and relinquish such rights and remedies to the extent specified herein, and to rely to the extent herein specified solely on the remedies provided for herein with respect to any breach of this Development Agreement by the other Party.

Appears in 1 contract

Samples: Development Agreement

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