Common use of Non-Compensatory Damages Clause in Contracts

Non-Compensatory Damages. Notwithstanding anything to the contrary in this Agreement, none of the Buyer Indemnified Parties nor Seller Indemnified Parties shall be entitled to recover from Seller or Buyer, or their respective Affiliates, any indirect, consequential, punitive or exemplary damages or damages for lost profits of any kind arising under or in connection with this Agreement or the transactions contemplated hereby, except to the extent any such party suffers such damages (including costs of defense and reasonable attorney’s fees incurred in connection with defending of such damages) to a Third Party, which damages (including costs of defense and reasonable attorney’s fees incurred in connection with defending against such damages) shall not be excluded by this provision as to recovery hereunder. Subject to the preceding sentence, Buyer, on behalf of each of the Buyer Indemnified Parties, and Seller, on behalf of each of Seller Indemnified Parties, waive any right to recover punitive, special, exemplary and consequential damages, including damages for lost profits, arising in connection with or with respect to this Agreement or the transactions contemplated hereby.

Non-Compensatory Damages. Notwithstanding anything to the contrary in this Agreement, none None of the Buyer Indemnified Parties nor or the Seller Indemnified Parties shall be entitled to recover from Seller or Buyer, or their respective Affiliates, as applicable, any special, indirect, incidental, consequential, punitive punitive, exemplary, remote or exemplary damages or speculative damages, including damages for lost profits of any kind arising under or in connection with this Agreement or the transactions contemplated hereby, except to the extent any such party Party suffers such damages (including costs of defense and reasonable attorney’s attorneys’ fees incurred in connection with defending of such damages) to a Third Party, which damages (including costs of defense and reasonable attorney’s attorneys’ fees incurred in connection with defending against such damages) shall not be excluded by this provision as to recovery hereunder. Subject to the preceding sentence, Buyer, on behalf of each of the other Buyer Indemnified Parties, and Seller, on behalf of each of the other Seller Indemnified Parties, waive any right to recover any special, indirect, incidental, consequential, punitive, specialexemplary, exemplary and consequential remote or speculative damages, including damages for lost profitsprofits of any kind, arising in connection with or with respect to this Agreement or the transactions contemplated hereby.

Non-Compensatory Damages. Notwithstanding anything to the contrary in this Agreement, none None of the Buyer Indemnified Parties nor or Seller Indemnified Parties shall be entitled to recover from Seller or Buyerany other Party, or their respective Affiliates, any indirect, special, incidental, consequential, punitive punitive, exemplary, remote or exemplary speculative damages or damages for lost profits of any kind arising under or in connection with this Agreement or the transactions contemplated hereby, except to the extent any such party Party suffers such damages (including costs of defense and reasonable attorney’s fees incurred in connection with defending of such damages) to a Third Party, which damages (including costs of defense and reasonable attorney’s attorneys’ fees incurred in connection with defending against such damages) shall not be excluded by this provision as to recovery hereunder. Subject to the preceding sentence, Buyer, on behalf of each of the Buyer Indemnified Parties, Parties and Seller, on behalf of each of Seller Indemnified Parties, waive any right to recover punitive, special, exemplary and indirect, exemplary, consequential damages, remote or speculative, including damages for lost profitsprofits of any kind, arising in connection with or with respect to this Agreement or the transactions contemplated hereby.

Non-Compensatory Damages. Notwithstanding anything to the contrary in this Agreement, none None of the Buyer Indemnified Parties nor Seller Indemnified Parties shall be entitled to recover from Seller or Buyer, or their respective Affiliates, any punitive, indirect, consequentialspecial, punitive exemplary, incidental or exemplary consequential damages, lost profits, or other business interruption damages or damages for lost profits of any kind arising under or in connection with this Agreement Agreement, the Transaction Documents, or the transactions contemplated hereby, except to the extent any such party Party suffers such damages (including costs of defense and reasonable attorney’s fees incurred in connection with defending of such damages) to a Third Party (including a Governmental Authority but excluding any Affiliate of any Party), which damages (including costs of defense and reasonable attorney’s fees incurred in connection with defending against such damages) shall not be excluded by this provision as to recovery hereunder. Subject to the preceding sentence, Buyer, on behalf of each of the Buyer Indemnified Parties, and SellerXxxxxx, on behalf of each of Seller Indemnified Parties, waive any right to recover punitive, indirect, special, exemplary exemplary, incidental and consequential damages, including damages for lost profits, arising in connection with or with respect to this Agreement Agreement, the Transaction Documents, or the transactions contemplated hereby.hereby.‌