Remedies; Consequential Damages. The remedies provided in this Warrant Agreement and Exhibit A shall be cumulative and in addition to all other remedies available hereunder and thereunder, at law or in equity (including a decree of specific performance and/or other injunctive relief), and nothing herein or therein shall limit the right of the Holder to pursue actual and consequential damages for any failure by the Company to comply with the terms hereof and thereof. The Company covenants to the Holder that there shall be no characterization concerning this instrument or Exhibit A other than as expressly provided herein or therein. Amounts set forth or provided for herein and therein with respect to payments, exercises and the like (and the computation thereof) shall be the amounts to be received by the Holder and shall not, except as expressly provided herein or therein, be subject to any other obligation of the Company (or the performance thereof). The Company acknowledges that a breach by it of its obligations hereunder or under Exhibit A will cause irreparable harm to the Holder and that the remedy at law for any such breach may be inadequate. The Company therefore agrees that, in the event of any such breach or threatened breach, the holder of a Warrant shall be entitled, in addition to all other available remedies, to an injunction restraining any breach, without the necessity of showing economic loss and without any bond or other security being required. The Company shall provide all information and documentation to the Holder that is requested by the Holder to enable the Holder to confirm the Company’s compliance with the terms and conditions of a Warrant (including, without limitation, compliance with Section 2 of Exhibit A). The issuance of shares and certificates for shares as contemplated hereby upon the exercise of a Warrant shall be made without charge to the Holder or such shares for any issuance tax or other costs in respect thereof, provided that the Company shall not be required to pay any tax which may be payable in respect of any transfer involved in the issuance and delivery of any certificate in a name other than the Holder or its agent on its behalf.
Remedies; Consequential Damages. Notwithstanding any provision contained herein to the contrary, in no event shall any party be liable to any other party under any provision of this Agreement or the Bond for any losses, damages, costs or expenses for any special, indirect, incidental, consequential, or punitive damages, including but not limited to loss of profit or revenue, business interruption damages, loss of use of equipment, costs of capital, cost of temporary equipment or services, whether based in whole or in part in contract, in tort, including negligence, strict liability, or any other theory of liability. No right or remedy conferred on any party in this Bond Purchase Agreement is intended to be exclusive of any other right or remedy provided in the Bond Documents or by law. No delay or omission of any party to exercise any such right or remedy will impair any such right or remedy or be construed as a waiver. Any such right or remedy which may be exercised from time to time and as often as the relevant party may deem expedient. No waiver by any party of any right or remedy with respect to any Default or Event of Default will extend to or affect any other existing or subsequent Default or Event of Default.
