Specific Performance; Damages. It is understood and agreed by the Parties that money damages would be an insufficient remedy for any breach of this Agreement by any Party and each non-breaching Party shall be entitled to specific performance and injunctive or other equitable relief as a remedy for any such breach of this Agreement, including, without limitation, a court of competent jurisdiction requiring any Party to comply promptly with any of its obligations in this Agreement. Notwithstanding anything to the contrary in this Agreement, in no event shall any Party or their representatives be liable to any other Party hereunder for any punitive, incidental, consequential, special or indirect damages, including the loss of future revenue or income or opportunity, relating to the breach or alleged breach of this Agreement.
Appears in 3 contracts
Samples: Transaction Support Agreement (Peabody Energy Corp), Transaction Support Agreement (Peabody Energy Corp), Transaction Support Agreement (Peabody Energy Corp)
Specific Performance; Damages. It is understood and agreed by the Parties that money damages would may be an insufficient remedy for any breach of this Agreement by any Party and each non-breaching Party shall be entitled to seek specific performance and injunctive or other equitable relief as a remedy for any such breach of this Agreement, including, without limitation, a court of competent jurisdiction requiring any Party to comply promptly with any of its obligations in this Agreement. Notwithstanding anything to the contrary in this Agreement, in no event shall any Party or their representatives be liable to any other Party hereunder for any punitive, incidental, consequential, special or indirect damages, including the loss of future revenue or income or opportunity, relating to the breach or alleged breach of this Agreement.
Appears in 3 contracts
Samples: Transaction Support Agreement (Qwest Corp), Transaction Support Agreement (Qwest Corp), Transaction Support Agreement (DIEBOLD NIXDORF, Inc)
Specific Performance; Damages. It is understood and agreed by the Parties that money damages would may be an insufficient remedy for any breach of this Agreement by any Party Party, and each non-breaching Party shall be entitled to seek specific performance and injunctive or other equitable relief as a remedy for any such actual, alleged, or threatened breach of this Agreement, including, without limitation, a court of competent jurisdiction requiring any Party to comply promptly with any of its obligations in this Agreement. Notwithstanding anything to the contrary in this Agreement, in no event shall any Party or their its representatives be liable to any other Party hereunder for any punitive, incidental, consequential, special special, or indirect damages, including the loss of future revenue or income or opportunity, relating to the breach or alleged breach of this Agreement.
Appears in 2 contracts
Samples: Transaction Support Agreement (Altisource Portfolio Solutions S.A.), Transaction Support Agreement (Altisource Portfolio Solutions S.A.)
Specific Performance; Damages. It is understood and agreed by the Parties that money damages would be an insufficient remedy for any breach of this Agreement by any Party and each non-breaching Party shall be entitled to specific performance and injunctive or other equitable relief as a remedy for any such breach of this Agreement, including, without limitation, a court of competent jurisdiction requiring any Party to comply promptly with any of its obligations in this Agreement. Notwithstanding anything to the contrary in this Agreement, in no event shall any Party or their its respective representatives be liable to any other Party hereunder for any punitive, incidental, consequential, special or indirect damages, including the loss of future revenue or income or opportunity, relating to the breach or alleged breach of this Agreement.
Appears in 1 contract
Samples: Exchange Agreement (Office Properties Income Trust)