Common use of No Money Damages Clause in Contracts

No Money Damages. Wherever in this Lease Landlord’s consent or approval is required, if Landlord refuses to grant such consent or approval, whether or not Landlord expressly agreed that such consent or approval would not be unreasonably withheld, Tenant shall not make, and Tenant hereby waives, any claim for money damages (including any claim by way of set-off, counterclaim or defense) based upon Tenant’s claim or assertion that Landlord unreasonably withheld or delayed its consent or approval. Tenant’s sole remedy shall be an action or proceeding to enforce such provision, by specific performance, injunction or declaratory judgment. Except to the extent set forth in Section 18.2 hereof, in no event shall either party be liable for, and each party, on behalf of itself and all other Tenant Parties and Landlord Parties, as the case may be, hereby waives any claim for, any indirect, consequential or punitive damages, including loss of profits or business opportunity, arising under or in connection with this Lease.

Appears in 2 contracts

Samples: Lease Agreement (Pegasystems Inc), Lease Agreement (Pegasystems Inc)

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No Money Damages. Wherever Except to the extent that Landlord is acting with gross negligence or is conducting itself with bad faith, wherever in this Lease Landlord’s consent or approval is required, if Landlord refuses to grant such consent or approval, whether or not Landlord expressly agreed that such consent or approval would not be unreasonably withheld, Tenant shall not make, and Tenant hereby waives, any claim for money damages (including any claim by way of set-off, counterclaim or defense) based upon Tenant’s claim or assertion that Landlord unreasonably withheld or delayed its consent or approval. Except as set forth above (in which case Tenant reserves its rights to seek compensatory damages), Tenant’s sole remedy shall be an action or proceeding to enforce such provision, by specific performance, injunction or declaratory judgment. Except to the extent set forth in Section 18.2 hereof, in In no event shall either party Landlord be liable for, and each partyTenant, on behalf of itself and all other Tenant Parties and Landlord Parties, as the case may be, hereby waives any claim for, any indirect, consequential or punitive damages, including loss of profits or business opportunity, arising under or in connection with this Lease.

Appears in 1 contract

Samples: Lease Agreement (Convio, Inc.)

No Money Damages. Wherever in this Lease Landlord’s consent or approval is required, if Landlord refuses to grant such consent or approval, whether or not Landlord expressly agreed that such consent or approval would not be unreasonably withheld, Tenant shall not makemake or exercise, and Tenant hereby waives, any claim for money damages (including any claim by way of set-off, offset, counterclaim or defense) and/or any right to terminate this Lease based upon Tenant’s claim or assertion that Landlord unreasonably withheld or delayed its consent or approval. Tenant’s sole remedy shall be an action or proceeding to enforce such provision, by specific performance, injunction or declaratory judgment. Except to the extent set forth in Section 18.2 hereof, in In no event shall either party Landlord or the Parties (as that term is defined in Section 26.3, below) be liable for, and each partyTenant, on behalf of itself and all other Tenant Parties and Landlord Parties, as the case may be, hereby waives any claim for, any indirect, consequential or punitive damages, including loss of profits or business opportunity, arising under or in connection with this Leasethe Lease Documents.

Appears in 1 contract

Samples: Lease Agreement (Cereplast Inc)

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No Money Damages. Wherever in this Lease Landlord’s consent or approval is required, if Landlord refuses to grant such consent or approval, whether or not Landlord expressly agreed that such consent or approval would not be unreasonably withheld, Tenant shall not make, and Tenant hereby waives, any claim for money damages (including any claim by way of set-off, counterclaim or defense) based upon Tenant’s claim or assertion that Landlord unreasonably withheld or delayed its consent or approval. Tenant’s sole remedy shall be an action or proceeding to enforce such provision, by specific performance, injunction or declaratory judgment. Except to the extent set forth in Section 18.2 hereof, in In no event shall either party Landlord or Tenant be liable for, and each partyTenant and Landlord, on behalf of itself and all other Tenant Parties and Landlord Parties, as the case may beparties claiming through it, hereby waives any claim for, any indirect, consequential or punitive damages, including loss of profits or business opportunity, arising under or in connection with this Lease, except pursuant to Section 18.2 hereof.

Appears in 1 contract

Samples: Lease Agreement (Durata Therapeutics, Inc.)

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