Common use of PARENT'S AND SUB'S RESPECTIVE Clause in Contracts

PARENT'S AND SUB'S RESPECTIVE. OBLIGATIONS PURSUANT TO SECTION 6.2.1(d) AND SECTION 6.2.2(c) SHALL, BE LIMITED TO DIRECT AND ACTUAL DAMAGES, TO THE EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES. THIS SECTION 6.2.4 SHALL NOT APPLY TO (a) ANY FAILURE BY SUB OR THE SUB GROUP MEMBERS TO ASSUME, PAY, PERFORM OR DISCHARGE ANY AND ALL ASSUMED LIABILITIES, (b) ANY FAILURE BY PARENT OR THE PARENT GROUP MEMBERS TO PAY, PERFORM OR DISCHARGE ANY AND ALL RETAINED LIABILITIES OR (c) ANY BREACH BY PARENT OR SUB, OR THE MEMBERS OF THEIR RESPECTIVE GROUP, OF THEIR RESPECTIVE INDEMNITY OBLIGATIONS UNDER THIS AGREEMENT, INCLUDING THE INDEMNITY OBLIGATIONS SET FORTH IN THIS SECTION 6.