Common use of Waiver of Certain Damages Clause in Contracts

Waiver of Certain Damages. Notwithstanding any other provision of this Agreement, in no event shall any Party be liable to any other Party for punitive, remote or speculative damages of any kind or nature, regardless of the form of action through which such damages are sought, except for any such damages recovered by any third party against an Indemnified Party in respect of which such Indemnified Party would otherwise be entitled to indemnification pursuant to the terms hereof.

Appears in 3 contracts

Samples: Contribution Agreement (Suburban Propane Partners Lp), Contribution Agreement (Suburban Propane Partners Lp), Contribution Agreement (Inergy L P)

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Waiver of Certain Damages. Notwithstanding any other provision of this Agreement, in no event No party shall any Party be liable to any other Party party for any special, punitive, remote exemplary, or speculative consequential damages as a result of any kind or nature, regardless a breach of the form of action through which such damages are soughtthis Agreement, except for to the extent any such damages recovered by any third constitute Losses to such party against an Indemnified Party in respect of which such Indemnified Party would otherwise be entitled to indemnification pursuant to the terms hereofan indemnified Third-Party Claim.

Appears in 2 contracts

Samples: Equity Purchase Agreement (Marchex Inc), Share Purchase Agreement (Marchex Inc)

Waiver of Certain Damages. Notwithstanding any other provision of this Agreement, in no event shall any Party be liable to any other Party for punitive, remote remote, speculative or speculative lost profits damages of any kind or nature, regardless of the form of action through which such damages are sought, except for any such damages recovered by any third party against an Indemnified Party in respect of which such Indemnified Party would otherwise be entitled to indemnification pursuant to the terms hereof.

Appears in 2 contracts

Samples: Contribution and Redemption Agreement (Energy Transfer Partners, L.P.), Contribution and Redemption Agreement (Amerigas Partners Lp)

Waiver of Certain Damages. Notwithstanding any other provision of this Agreement, in no event shall any Party be liable to any other Party for punitive, remote damages or speculative any multiples of earnings damages of any kind or nature, regardless of the form of action through which such damages are sought, except for any such damages recovered by any third party against an Indemnified Party in respect of which such Indemnified Party would otherwise be entitled to indemnification pursuant to the terms hereof.

Appears in 2 contracts

Samples: Contribution Agreement (Energy Transfer Equity, L.P.), Contribution Agreement (Regency Energy Partners LP)

Waiver of Certain Damages. Notwithstanding any other provision of this Agreement, in no event shall any Party be liable to any other Party for punitive, remote or speculative damages of any kind or naturepunitive damages, regardless of the form of action through which such damages are sought, except for any such damages recovered by any third party against an Indemnified Party in respect of which such Indemnified Party would otherwise be entitled to indemnification pursuant to the terms hereof.

Appears in 1 contract

Samples: Purchase Agreement (Ezcorp Inc)

Waiver of Certain Damages. Notwithstanding any other provision of this Agreement, in no event shall any Party be liable to any other Party for punitive, remote special, indirect, consequential, remote, speculative or speculative lost profits damages of any kind or nature, regardless of the form of action through which such damages are sought, except (i) for any such damages recovered by any third party against an Indemnified Party Indemnitee in respect of which such Indemnified Party Indemnitee would otherwise be entitled to indemnification pursuant to the terms hereof.hereof and

Appears in 1 contract

Samples: Contribution Agreement

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Waiver of Certain Damages. Notwithstanding any other provision of this Agreement, in no event shall any Party be liable to any other Party for punitive, remote or speculative special, incidental, indirect, lost profits, diminution in value, consequential damages of any kind or nature, regardless of the form of action through which such damages are sought, except for any such damages recovered by any third party against an Indemnified Party in respect of which such Indemnified Party would otherwise be entitled to indemnification pursuant to the terms hereof.

Appears in 1 contract

Samples: Asset Purchase Agreement (Chesapeake Midstream Partners, L.P.)

Waiver of Certain Damages. Notwithstanding any other provision of this Agreement, in no event shall any Indemnifying Party be liable to any other Party for punitive, remote remote, speculative or speculative lost profits damages of any kind or nature, regardless of the form of action through which such damages are sought, except for any such damages recovered by any third party against an Indemnified Party in respect of which such Indemnified Party would otherwise be entitled to indemnification pursuant to the terms hereof.

Appears in 1 contract

Samples: Stock Purchase Agreement (Forum Energy Technologies, Inc.)

Waiver of Certain Damages. Notwithstanding any other provision of this Agreement, in no event shall any Party be liable to any other Party for punitive, remote special, indirect, consequential, remote, speculative or speculative lost profits damages of any kind or nature, regardless of the form of action through which such damages are sought, except for any such damages recovered by any third party against an Indemnified Party in respect of which such Indemnified Party would otherwise be entitled to indemnification pursuant to the terms hereof.

Appears in 1 contract

Samples: General Partner Purchase Agreement (Energy Transfer Equity, L.P.)

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