Remedies Limited. No party shall, for any reason or under any legal theory, be liable for any special, indirect, incidental or consequential damages arising out of any breach of or default under this Agreement, even if informed of the possibility of such damages in advance.
Remedies Limited. No Party shall, for any reason or under any legal theory, be liable for any special, indirect, incidental or consequential damages arising out of any breach of or default under this Agreement, even if informed of the possibility of such damages in advance. No decline in value or liquidity of Registrable Securities shall constitute special, indirect, incidental or consequential damages.
Remedies Limited. If a Non-Excludable Provision applies and we are able to limit your remedy for a breach of that Non-Excludable Provision, then our liability for breach of that Non-Excludable Provision is limited to the following remedies (the choice of which is to be at the Company’s sole discretion):
Remedies Limited. The remedy of any Minority Member to whom clause 8.2 applies in respect of the sale of the Shares of the Minority Member is limited to a right of action in damages against the Company to the exclusion of any other right, remedy or relief against any other person.
Remedies Limited. From and after the Closing Date, the indemnification provisions of this Article VII shall be the sole and exclusive remedy of the parties hereto with respect to any breach of this Agreement; provided, however, that the foregoing shall not prohibit any claim for injunctive or non-monetary equitable relief.
Remedies Limited. 73 SECTION 9.02 Obligations Limited.. . . . . . . . . . . . . . . .73 SECTION 9.03 Subordination Agreement Governs.. . . . . . . . . .73 SECTION 9.04 Survival. . . . . . . . . . . . . . . . . . . . . .73
Remedies Limited. Notwithstanding anything in this Agreement or in any other Transaction Document to the contrary, all rights and remedies of the Lenders, the Lender Collateral Agent, the Administrative Agent, the Secured Parties, the Affected Parties or any of them, with respect to the Borrower and its property, whether hereunder, under any Transaction Document or otherwise at law or in equity, are limited by and subject to the terms of the Subordination Agreement.
Remedies Limited. (a) No claim may be made for indemnification after the expiration of the Survival Period. Claims for indemnification asserted prior to the end of the Survival Period shall survive until final resolution thereof.
(b) No claim for indemnification shall be made unless the aggregate amount of all Losses exceeds $10,000.
(c) The aggregate liability of the Seller and Xxxxx under this Article VIII for all claims made for indemnification shall be limited to a maximum aggregate liability of $1,650,000.
(d) The limitations of paragraphs (b) and (c) above shall not apply to breaches of Seller's and Xxxxx'x representations and warranties concerning Tax Liabilities or ERISA, nor shall they apply to any personal injury claims.
(e) The parties shall make appropriate adjustments for tax benefits in determining Damages for purposes of Article VIII.
Remedies Limited. (a) No claim may be made for indemnification for breach by any party of a particular representation or warranty after the expiration of the Survival Period for such representation or warranty. Claims for indemnification asserted prior to the end of the Survival Period shall survive until final resolution thereof.
(b) No claim for indemnification for breach of a representation or warranty shall be made unless the aggregate amount of all Losses exceeds $250,000, and thereafter only for the amount of Losses in excess of $250,000.
(c) The aggregate liability of the Seller and CD&L under this Article VIII for all claims made for the failure of any representation or warranty of either of them contained in this Agreement to have been true in all respects when made and as of the Closing Date shall be limited to a maximum aggregate liability of $1,500,000.
(d) The limitations of paragraphs (b) and (c) above shall not apply to breaches of Seller's representations and warranties concerning Tax Liabilities or ERISA.
(e) The parties shall make appropriate adjustments for tax benefits and insurance coverage in determining Losses for purposes of Article VIII.
(f) The parties acknowledge and agree that the foregoing indemnification provision in this Article VIII shall be the exclusive remedy of the Purchaser and its Affiliates with respect to the Seller and the transactions contemplated by this Agreement.
Remedies Limited. EXCEPT AS EXPRESSLY PROVIDED IN SECTIONS 9.1.5 AND 9.1.7 WITH RESPECT TO SELLER’S OFFSITE RIGHTS CERTIFICATES AND SELLER’S TENANT ESTOPPEL CERTIFICATES, BUYER’S SOLE REMEDIES AND THE LIMITATIONS ON SUCH REMEDIES FOR POST-CLOSING BREACHES OF THIS AGREEMENT BY SELLER ARE SET FORTH IN SECTION 13. BUYER: /s/ CC SELLER: /s/ WO TO EVIDENCE SPECIFICALLY THEIR AGREEMENT TO THE FOREGOING, THE PARTIES HAVE INITIALED SECTIONS 20 AND 21ABOVE (BUT THE FAILURE TO INITIAL SHALL NOT INVALIDATE SECTIONS 20 AND 21).
