Common use of Recoverable Damages Clause in Contracts

Recoverable Damages. Notwithstanding Sections 6.1 and 6.2 hereof, in no event shall the provisions of Sections 6.1 and 6.2 limit (i) either Purchaser's or Seller's obligation to indemnify the other party, or the damages recoverable by the indemnified party against the indemnifying party due to, a party's express obligation to indemnify the other party in accordance with Section 3.1, 5.3, or 8.1(b) of this Agreement, or (ii) either party's obligation to pay costs, fees or expenses under Section 4.5 hereof, or the damages recoverable by either party against the other party due to a party's failure to pay such costs. In addition, if this Agreement terminates for any reason, other than a default by Seller hereunder for which Purchaser has elected to pursue the remedy of specific performance, and Purchaser or any affiliate of Purchaser asserts any claim or right to the Property related to such termination that would otherwise delay or prevent Seller from having clear, indefeasible, and marketable title to the Property, then Seller shall have all rights and remedies available at law or in equity with respect to such assertion by Purchaser and any actual loss, damage or other consequence suffered by Seller as a result of such assertion; provided, however, that in no event shall Purchaser be liable for consequential, speculative, remote or punitive damages, and Seller hereby waives and releases any right to seek or collect any such consequential, speculative, remote or punitive damages.

Recoverable Damages. Notwithstanding Sections 6.1 and 6.2 hereof, in no event shall the provisions of Sections 6.1 and 6.2 limit (i) either Purchaser's or Seller's obligation to indemnify the other party, or the damages recoverable by the indemnified party against the indemnifying party due to, a party's express obligation to indemnify the other party in accordance with Section the Sections 3.1, 5.34.8, 4.9, or 8.1(b) of this Agreement, or (ii) either party's obligation to pay costs, fees or expenses under Section 4.5 hereof, or the damages recoverable by either party against the other party due to a party's failure to pay such costs. In addition, if this Agreement terminates for any reason, other than a default by Seller hereunder for which Purchaser has elected to pursue the remedy of specific performance, and Purchaser or any affiliate of party related to or affiliated with Purchaser asserts any claim or right to the Property related to such termination that would otherwise delay or prevent Seller from having clear, indefeasible, and marketable title to the Property, then Seller shall have all rights and remedies available at law or in equity with respect to such assertion by Purchaser and any actual loss, damage or other consequence suffered by Seller as a result of such assertion; provided, however, that in no event shall Purchaser be liable for consequential, speculative, remote or punitive damages, and Seller hereby waives and releases any right to seek or collect any such consequential, speculative, remote or punitive damages.

Recoverable Damages. Notwithstanding Sections 6.1 and 6.2 hereof, in no event shall the provisions of Sections 6.1 and 6.2 limit (i) either Purchaser's ’s or Seller's ’s obligation to indemnify the other party, or the damages recoverable by the indemnified party against the indemnifying party due to, a party's ’s express obligation to indemnify the other party in accordance with Section 3.1, 5.3, or 8.1(b) the provisions of this Agreement, or (ii) either party's ’s obligation to pay costs, fees or expenses under Section 4.5 hereof, or the damages recoverable by either party against the other party due to a party's ’s failure to pay such any of the foregoing costs. In addition, if this Agreement terminates for any reason, other than a default by Seller hereunder for which Purchaser has elected to pursue the remedy of specific performance, and Purchaser or any affiliate of party related to or affiliated with Purchaser asserts any claim or right to the Property related to such termination that would otherwise delay or prevent Seller from having clear, indefeasible, and marketable title to the Property, then Seller shall have all rights and remedies available at law or in equity with respect to such assertion by Purchaser and any actual loss, damage or other consequence suffered by Seller as a result of such assertion; provided, however, that in no event shall Purchaser be liable for consequential, speculative, remote or punitive damages, and Seller hereby waives and releases any right to seek or collect any such consequential, speculative, remote or punitive damages.

Recoverable Damages. Notwithstanding Sections 6.1 and 6.2 hereof, in no event shall the provisions of Sections 6.1 and 6.2 limit (i) either Purchaser's ’s or Seller's ’s obligation to indemnify the other party, or the damages recoverable by the indemnified party against the indemnifying party due to, a party's ’s express obligation to indemnify the other party in accordance with the Access Agreement or Section 3.1, 5.34.8, 4.9, 5.8 or 8.1(b) 8.2 of this Agreement, or (ii) either party's ’s obligation to pay costs, fees or expenses under Section 4.5 hereof, or the damages recoverable by either party against the other party due to a party's ’s failure to pay such costs. In addition, if (iii) either party’s obligation to pay costs, fees and any damages for breach of the representations or covenants of such party in this Agreement, subject to the limitations on recovery established by this Agreement or (iv) Seller’s right to pursue Purchaser for damages in the event this Agreement terminates for any reason, other than a Seller’s default by Seller hereunder and for which Purchaser has elected to pursue the remedy of specific performance, and Purchaser or any affiliate of Purchaser asserts has asserted any claim or right to the Property related to such termination that would otherwise delay or prevent Seller from having clear, indefeasible, indefeasible and marketable title to the Property, then Seller shall have all rights and remedies available at law or in equity with respect to such assertion by Purchaser and any actual loss, damage or other consequence suffered by Seller as a result of such assertion; provided, however, that in no event shall Purchaser be liable for consequential, speculative, remote or punitive damages, and Seller hereby waives and releases any right to seek or collect any such consequential, speculative, remote or punitive damages.