No Special Damages; Mitigation. No indemnifying party shall be liable to any indemnified party for special, indirect, consequential, punitive or exemplary damages, or lost profits, unless and to the extent such damages are payable to a third party. Each party agrees to exercise its commercially reasonable efforts to mitigate any Damages in respect of any pending or threatened Claim.
Appears in 3 contracts
Samples: Asset Purchase Agreement (Nexstar Broadcasting Group Inc), Asset Purchase Agreement (Nexstar Broadcasting Group Inc), Asset Purchase Agreement (Nexstar Broadcasting Group Inc)
No Special Damages; Mitigation. No indemnifying party Indemnifying Party shall be liable to any indemnified party Indemnified Party for any special, indirect, consequential, contingent, speculative, punitive or exemplary damages, or lost profitsDamages, unless and to the extent such damages are payable paid to a third partyparty for any Damages resulting from the actions of the Indemnifying Party. Each party agrees to exercise shall use its commercially reasonable efforts to mitigate any Damages with respect to which the Indemnified Party is obligated to provide indemnification in respect of any pending or threatened Claimaccordance with this Section 6.
Appears in 1 contract
Samples: Merger Agreement (Amarantus Bioscience Holdings, Inc.)
No Special Damages; Mitigation. No indemnifying party Indemnifying Party shall be liable to any indemnified party Indemnified Party for special, indirect, consequential, punitive or exemplary damages, or lost profits, unless and diminution in value or any damages based on any type of multiple of earnings except to the extent such damages are payable adjudicated and owned to a third party. Each party agrees with respect to exercise its commercially reasonable efforts to mitigate any Damages in respect of any pending or threatened Claima third party Action.
Appears in 1 contract
Samples: Stock Purchase Agreement (Nexstar Broadcasting Group Inc)
No Special Damages; Mitigation. No indemnifying party shall be liable to any indemnified party for special, indirect, consequential, punitive or exemplary damagesdamages of any kind, or lost profits, in each case unless and to the extent such damages are payable actually paid to a third party (who is not an Affiliate of the indemnified party). Each party agrees to exercise its commercially reasonable efforts to mitigate any Damages in respect of any pending or threatened Claim.
Appears in 1 contract
No Special Damages; Mitigation. No indemnifying party Indemnifying Party shall be liable to any indemnified party Indemnified Party for special, indirect, consequential, punitive or exemplary damages, or lost profits, unless and to the extent such diminution in value or any damages are payable to a third party. Each party agrees to exercise its commercially reasonable efforts to mitigate based on any Damages in respect type of any pending or threatened Claimmultiple of earnings.
Appears in 1 contract
Samples: Asset Purchase Agreement (Sinclair Broadcast Group Inc)
No Special Damages; Mitigation. No indemnifying party shall be liable to any indemnified party for special, indirect, consequential, punitive or exemplary damages, damages or lost profits, unless and to the extent such damages are payable to a third party. Each party agrees to exercise its commercially reasonable efforts to mitigate any Damages in respect of any pending or threatened Third Party Claim.
Appears in 1 contract
Samples: Stock Purchase Agreement (Nexstar Broadcasting Group Inc)