Common use of Other Limitations on Seeking Damages Clause in Contracts

Other Limitations on Seeking Damages. Neither the right of any party to terminate this Agreement, nor the exercise of such right, shall constitute a limitation on such party's right to seek damages or such other legal redress to which such party may otherwise be entitled; provided that, absent the occurrence of another breach of this Agreement by Contractor, Continental shall not be entitled to seek damages solely for the occurrence of (i) an event of Cause of the type described in clause (iii) or clause (v) of the definition thereof, (ii) a material breach of the type described in clause (iii) of Section 8.02(b), or (iii) a termination pursuant to Section 5.03.

Appears in 2 contracts

Samples: Capacity Purchase Agreement (Republic Airways Holdings Inc), Capacity Purchase Agreement (Republic Airways Holdings Inc)

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Other Limitations on Seeking Damages. Neither the right of any party to terminate this Agreement, nor the exercise of such right, shall constitute a limitation on such party's right to seek damages or such other legal redress to which such party may otherwise be entitled; provided that, absent the occurrence of another breach of this Agreement by ContractorRAI, Continental Frontier shall not be entitled to seek damages solely for the occurrence of (i) an event of Cause of the type described in clause (iii) or clause (viv) of the definition thereof, (ii) a material breach of the type described in clause (iiiii) of Section 8.02(b), or (iii) a termination pursuant to Section 5.03.

Appears in 2 contracts

Samples: Airline Services Agreement (Republic Airways Holdings Inc), Airline Services Agreement (Frontier Airlines Holdings, Inc.)

Other Limitations on Seeking Damages. Neither the right of any party to terminate this Agreement, nor the exercise of such right, shall constitute a limitation on such party's ’s right to seek damages or such other legal redress to which to which such party may otherwise be entitled; provided thatprovided, that absent the occurrence of another breach of this Agreement by ContractorContractor and without limiting the effect of the provisions of Sections 2.07 and 4.18, Continental shall not be entitled to seek damages solely for the occurrence of (i) an event of Cause of the type described in clause (iii) or clause (v) of the definition thereof, (ii) a material breach of the type described in clause clauses (iiiviii) or (x) of Section 8.02(b), or (iii) a termination pursuant any other breach of this Agreement directly attributable to Section 5.03the matters described in clauses (i) or (ii) above.

Appears in 1 contract

Samples: Capacity Purchase Agreement (Skywest Inc)

Other Limitations on Seeking Damages. Neither the right of any party to terminate this Agreement, nor the exercise of such right, shall constitute a limitation on such party's ’s right to seek damages or such other legal redress to which to which such party may otherwise be entitled; provided thatprovided, that absent the occurrence of another breach of this Agreement by ContractorContractor and without limiting the effect of the provisions of Sections 2.07 and 4.18, Continental United shall not be entitled to seek damages solely for the occurrence of (i) an event of Cause of the type described in clause (iii) or clause (v) of the definition thereof, (ii) a material breach of the type described in clause clauses (iiiviii) or (x) of Section 8.02(b), or (iii) a termination pursuant any other breach of this Agreement directly attributable to Section 5.03the matters described in clauses (i) or (ii) above.

Appears in 1 contract

Samples: Capacity Purchase Agreement (Skywest Inc)

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Other Limitations on Seeking Damages. Neither the right of any party to terminate this Agreement, nor the exercise of such right, shall constitute a limitation on such party's ’s right to seek damages or such other legal redress to which such party may otherwise be entitled; provided that, absent the occurrence of another breach of this Agreement by Contractor, Continental shall not be entitled to seek damages solely for the occurrence of (i) an event of Cause of the type described in clause (iii) or clause (v) of the definition thereof, (ii) a material breach of the type described in clause (iii) of Section 8.02(b), or (iii) a termination pursuant to Section 5.03.

Appears in 1 contract

Samples: Capacity Purchase Agreement (Republic Airways Holdings Inc)

Other Limitations on Seeking Damages. Neither the right of any party to terminate this Agreement, nor the exercise of such right, shall constitute a limitation on such party's ’s right to seek damages or such other legal redress to which such party may otherwise be entitled; provided that, absent the occurrence of another breach of this Agreement by ContractorRAI, Continental Midwest shall not be entitled to seek damages solely for the occurrence of (i) an event of Cause of the type described in clause (iii) or clause (viv) of the definition thereof, (ii) a material breach of the type described in clause (iiiii) of Section 8.02(b), or (iii) a termination pursuant to Section 5.035.03 or Section 5.04.

Appears in 1 contract

Samples: Airline Services Agreement (Republic Airways Holdings Inc)

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