Punitive Damages. No party to this Agreement or any of its Affiliates shall be liable to any other party hereto or any of its Affiliates for claims for incidental, indirect, consequential, punitive, special or exemplary damages, including lost revenues, lost profits or lost prospective economic advantage, arising out of or relating to this Agreement or the transactions contemplated hereby, regardless of whether a claim is based on contract, tort (including negligence), strict liability, violation of any applicable deceptive trade practices act or similar law or any other legal or equitable principle, and each party releases the others and their respective Affiliates from liability for any such damages. No party shall be entitled to rescission of this Agreement as a result of breach of any other party’s representations, warranties, covenants or agreements, or for any other matter; provided, that nothing in this Section 8.03(i) shall restrict the right of any party to exercise any right to terminate this Agreement pursuant to the terms hereof.
Appears in 2 contracts
Samples: Capacity Purchase Agreement (Skywest Inc), Capacity Purchase Agreement (Skywest Inc)
Punitive Damages. No party to this Agreement or any of its Affiliates affiliates shall be liable to any other party hereto or any of its Affiliates affiliates for claims for incidental, indirect, consequential, punitive, special or exemplary damages, including lost revenues, lost profits or lost prospective economic advantage, arising out of or relating to this Agreement or the transactions contemplated hereby, regardless of whether a claim is based on contract, tort (including negligence), strict liability, violation of any applicable deceptive trade practices act or similar law or any other legal or equitable principle, and each party releases the others and their respective Affiliates affiliates from liability for any such damages. No party shall be entitled to rescission of this Agreement as a result of breach of any other party’s representations, warranties, covenants or agreements, or for any other matter; provided, that nothing in this Section 8.03(i8.03(f) shall restrict the right of any party to exercise any right to terminate this Agreement pursuant to the terms hereof.. *Confidential
Appears in 1 contract
Samples: Airline Services Agreement (Republic Airways Holdings Inc)
Punitive Damages. No party to this Agreement or any of its Affiliates affiliates shall be liable to any other party hereto or any of its Affiliates affiliates for claims for incidental, indirect, consequential, punitive, special or exemplary damages, including lost revenues, lost profits or lost prospective economic advantage, arising out of or relating to this Agreement or the transactions contemplated hereby, regardless of whether a claim is based on contract, tort (including negligence), strict liability, violation of any applicable deceptive trade practices act or similar law or any other legal or equitable principle, and each party releases the others and their respective Affiliates affiliates from liability for any such damages. No party shall be entitled to rescission of this Agreement as a result of breach of any other party’s 's representations, warranties, covenants or agreements, or for any other matter; provided, that nothing in this Section 8.03(i8.03(f) shall restrict the right of any party to exercise any right to terminate this Agreement pursuant to the terms hereof.. *** Confidential
Appears in 1 contract
Samples: Airline Services Agreement (Frontier Airlines Holdings, Inc.)
Punitive Damages. No party to this Agreement or any of its Affiliates affiliates shall be liable to any other party hereto or any of its Affiliates affiliates for claims for incidental, indirect, consequential, punitive, special or exemplary damages, including lost revenues, lost profits or lost prospective economic advantage, arising out of or relating to this Agreement or the transactions contemplated hereby, regardless of whether a claim is based on contract, tort (including negligence), strict liability, violation of any applicable deceptive trade practices act or similar law or any other legal or equitable principle, and each party releases the others and their respective Affiliates affiliates from liability for any such damages. No party shall be entitled to rescission of this Agreement as a result of breach of any other party’s representations, warranties, covenants or agreements, or for any other matter; provided, that nothing in this Section 8.03(i) 8.03 shall restrict the right of any party to exercise any right to terminate this Agreement pursuant to the terms hereof.
Appears in 1 contract
Samples: Airline Services Agreement (Republic Airways Holdings Inc)
Punitive Damages. No party to this Agreement or any of its Affiliates affiliates shall be liable to any other party hereto or any of its Affiliates affiliates for claims for incidental, indirect, consequential, punitive, special or exemplary damages, including lost revenues, lost profits or lost prospective economic advantage, arising out of or relating to this Agreement or the transactions contemplated hereby, regardless of whether a claim is based on contract, tort (including negligence), strict liability, violation of any applicable deceptive trade practices act or similar law or any other legal or equitable principle, and each party releases the others and their respective Affiliates affiliates from liability for any such damages. No party shall be entitled to rescission of this Agreement as a result of breach of any other party’s representations, warranties, covenants or agreements, or for any other matter; provided, provided that nothing in this Section 8.03(i8.03(f) shall restrict the right of any party to exercise any right to terminate this Agreement pursuant to the terms hereof.. ___________
Appears in 1 contract
Samples: Capacity Purchase Agreement (Republic Airways Holdings Inc)
Punitive Damages. No party to this Agreement or any of its Affiliates affiliates shall be liable to any other party hereto or any of its Affiliates affiliates for claims for incidental, indirect, consequential, punitive, special or exemplary damages, including lost revenues, lost profits or lost prospective economic advantage, arising out of or relating to this Agreement or the transactions contemplated hereby, regardless of whether a claim is based on contract, tort (including negligence), strict liability, violation of any applicable deceptive trade practices act or similar law or any other legal or equitable principle, and each party releases the others and their respective Affiliates affiliates from liability for any such damages. No party shall be entitled to rescission of this Agreement as a result of breach of any other party’s 's representations, warranties, covenants or agreements, or for any other matter; provided, that nothing in this Section 8.03(i8.03(f) shall restrict the right of any party to exercise any right to terminate this Agreement pursuant to the terms hereof.. * Confidential
Appears in 1 contract
Samples: Airline Services Agreement (Republic Airways Holdings Inc)
Punitive Damages. No party to this Agreement or any of its Affiliates affiliates shall be liable to any other party hereto or any of its Affiliates affiliates for claims for incidental, indirect, consequential, punitive, special or exemplary damages, including lost revenues, lost profits damages suffered by any party or lost prospective economic advantage, its affiliates and arising out of or relating to this Agreement or the transactions contemplated hereby, regardless of whether a claim is based on contract, tort (including negligence), strict liability, violation of any applicable deceptive trade practices act or similar law or any other legal or equitable principle, and each party releases the others and their respective Affiliates affiliates from liability for any such damages. No party shall be entitled to rescission of this Agreement as a result of breach of any other party’s representations, warranties, covenants or agreements, or for any other matter; provided, provided that nothing in this Section 8.03(i8.04(d) shall restrict the right of any party to exercise any right to terminate this Agreement pursuant to the terms hereof.
Appears in 1 contract
Samples: Capacity Purchase Agreement (Pinnacle Airlines Corp)