Common use of Right to Damages Clause in Contracts

Right to Damages. (a) If this Agreement is terminated pursuant to Section 9.2, neither party hereto shall have any claim for monetary damages against the other, except (1) if the circumstances giving rise to such termination were caused by the other party’s willful failure to comply with a material covenant set forth herein, in which event termination pursuant to Section 9.2 shall not be deemed or construed as limiting or denying any legal or equitable right or remedy of such party, and such party shall also be entitled to recover its costs and expenses which are incurred in pursuing its rights and remedies (including reasonable attorneys’ fees) and (2) as provided in Section 9.5(b) below.

Right to Damages. (a) If this Agreement is terminated pursuant to Section 9.2Sections 8.3 or 8.4, neither party hereto shall have any claim for monetary damages against the other, other except (1) if the circumstances giving rise to such termination were caused by either (a) the other party’s willful failure 's material breach of Article IV; or (b) a party's representations and warranties contained in Articles II or III are incorrect when made such that the incorrect representation and warranty would have a Material Adverse Effect with respect to comply with a material covenant set forth hereinsuch party, in which event termination pursuant to Section 9.2 shall not be deemed or construed as limiting or denying any legal or equitable right or remedy of such said party, and such said party shall also be entitled to recover recover, without limitation, its costs and expenses which are incurred in pursuing its rights and remedies (including reasonable attorneys’ ' fees) and (2) as provided in Section 9.5(b) below).

Right to Damages. (a) If this Agreement is terminated pursuant to Section 9.2, neither no party hereto shall have any claim for monetary damages against the other, except (1) if the circumstances giving rise to such termination were caused by the other party’s willful failure to comply with a material covenant set forth herein, in which event termination pursuant to Section 9.2 shall not be deemed or construed as limiting or denying any legal or equitable right or remedy of such party, and such party shall also be entitled to recover its costs and expenses which are incurred in pursuing its rights and remedies (including reasonable attorneys’ fees) and (2) as provided in Section 9.5(b) below).