Waiver of Certain Damages. Each of the Parties hereby waives, and agrees not to seek consequential, exemplary, punitive or special damages of any kind with respect to any Claim or dispute, arising out of or relating to this Agreement or breach hereof, including without limitation, any breach of any representation or warranty contained herein, nor to seek rescission of the transactions contemplated hereunder. This provision does not diminish or affect in any way the Parties’ rights and obligations under any indemnities provided for in this Agreement.
Appears in 5 contracts
Samples: Purchase and Sale Agreement (Escalera Resources Co.), Purchase and Sale Agreement (Enterra Energy Trust), Purchase and Sale Agreement (Enterra Energy Trust)
Waiver of Certain Damages. Each of the Parties Party hereby waives, and agrees not waives any right to seek consequential, exemplaryincidental, punitive special or special indirect damages, or damages of any kind for lost profits or exemplary damages with respect to any Claim or dispute, claim arising out of or relating related to this Agreement or breach hereof, including without limitation, Agreement. The Parties acknowledge that the foregoing waiver shall not prejudice the right of indemnity respecting any breach of any representation or warranty contained herein, nor to seek rescission of the transactions contemplated hereunder. This provision does not diminish or affect in any way the Parties’ rights and obligations Claim under any indemnities provided for in this Agreementsection 21.
Appears in 2 contracts
Samples: License Agreement (Electric Lightwave Inc), License Agreement (Electric Lightwave Inc)
Waiver of Certain Damages. Each of the Parties Party hereby waives, and agrees not waives any right to seek consequential, exemplaryincidental special or indirect damages, punitive or special damages of any kind for lost profits or exemplary damages with respect to any Claim or dispute, claim arising out of or relating related to this Agreement or breach hereof, including without limitation, Agreement. The Parties acknowledge that the foregoing waiver shall not prejudice the right of indemnity respecting any breach of any representation or warranty contained herein, nor to seek rescission of the transactions contemplated hereunder. This provision does not diminish or affect in any way the Parties’ rights and obligations claim under any indemnities provided for in this Agreementsection 22.
Appears in 2 contracts
Samples: License Agreement (Electric Lightwave Inc), License Agreement (Electric Lightwave Inc)
Waiver of Certain Damages. Each of the Parties party hereto hereby waives, waives and agrees not to seek consequential, exemplary, consequential or punitive or special damages of any kind with respect to any Claim claim, controversy, or dispute, dispute arising out of or relating to this Agreement or the breach hereof, including without limitation, any breach of any representation or warranty contained herein, nor to seek rescission of the transactions contemplated hereunder. This provision does not diminish or affect in any way the Parties’ rights and obligations under any indemnities provided for in this Agreementthereof.
Appears in 2 contracts
Samples: Restructuring Agreement (Jones Energy, Inc.), Restructuring Agreement (Jones Energy, Inc.)
Waiver of Certain Damages. Each of the Parties parties hereby waives, and agrees not to seek seek, indirect, consequential, exemplarypunitive, punitive exemplary or special damages of any kind with respect to any Claim Claim, occurrence, condition or dispute, arising out of or relating to this Agreement or breach hereof; provided, including without limitationhowever, any breach of any representation or warranty contained herein, nor to seek rescission of the transactions contemplated hereunder. This that this provision does not diminish or affect in any way the Partiesparties’ rights and obligations under any indemnities provided for in this Agreement.
Appears in 2 contracts
Samples: Purchase and Sale Agreement (Southwestern Energy Co), Purchase and Sale Agreement (Parallel Petroleum Corp)
Waiver of Certain Damages. Each of the Parties parties hereby waives, waives and ------------------------- agrees not to seek indirect, consequential, exemplary, punitive or special exemplary damages of any kind with respect to any Claim or dispute, dispute arising out of or relating to this Agreement or breach hereof, including without limitation, any breach of any representation or warranty contained herein, nor to seek rescission of the transactions contemplated hereunder. This provision does shall not apply to claims by Third Parties (excluding Affiliates) and shall not diminish or affect in any way the Parties’ parties' rights and obligations under any indemnities provided for in this Agreement.
Appears in 1 contract
Waiver of Certain Damages. Each of the Parties parties hereby waives, and agrees not to seek indirect, consequential, exemplary, punitive or special damages of any kind with respect to any Claim or dispute, arising out of or relating to this Agreement or breach hereof, including without limitation, any breach of any representation or warranty contained herein, nor to seek rescission of the transactions contemplated hereunder. This provision does not diminish or affect in any way the Partiesparties’ rights and obligations under any indemnities provided for in this Agreement.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Panhandle Oil & Gas Inc)
Waiver of Certain Damages. Each of the Parties parties hereby waives, and agrees not to seek consequential, exemplary, punitive or special damages of any kind with respect to any Claim or dispute, arising out of or relating to this Agreement or breach hereof, including without limitation, any breach of any representation or warranty contained herein, nor to seek rescission of the transactions contemplated hereunder. This provision does not diminish or affect in any way the Parties’ parties' rights and obligations under any indemnities provided for in this Agreement.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Heartland Oil & Gas Corp)
Waiver of Certain Damages. Each of the Parties hereby waives, expressly waives and agrees not to seek indirect, consequential, exemplary, punitive or special exemplary damages or damages for lost profits of any kind with respect to any Claim dispute arising under, related to, or dispute, arising out of or relating to in connection with this Agreement or breach hereof; provided, including without limitationhowever, any breach of any representation or warranty contained herein, nor to seek rescission of the transactions contemplated hereunder. This this provision does will not diminish or affect in any way the Parties’ ' rights and obligations under any indemnities provided for in this Agreement.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Occidental Petroleum Corp /De/)
Waiver of Certain Damages. Each of the Parties parties hereby waives, waives and agrees not to seek indirect, consequential, exemplary, punitive or special exemplary damages of any kind with respect to any Claim or dispute, dispute arising out of or relating to this Agreement or breach hereof, including without limitation, any breach of any representation or warranty contained herein, nor to seek rescission of the transactions contemplated hereunder. This provision does shall not diminish or affect in any way the Parties’ parties' rights and obligations under any indemnities provided for in this Agreement.
Appears in 1 contract
Waiver of Certain Damages. Each of the Parties parties hereby waives, and agrees not to seek consequential, exemplary, punitive or special damages of any kind from the other with respect to any Claim or dispute, arising out of or relating to this Agreement or breach hereof, including without limitation, any breach of any representation or warranty contained herein, nor to seek rescission of the transactions contemplated hereunder. This provision does not diminish or affect in any way the Partiesparties’ rights and obligations under any indemnities from Third Party Claims provided for in this Agreement.
Appears in 1 contract
Waiver of Certain Damages. Each of the Parties parties hereby waives, waives and agrees not to seek consequential, exemplary, consequential or punitive or special damages of any kind with respect to any Claim claim, controversy, or dispute, dispute arising out of or relating to this Agreement or the breach hereof, including without limitation, any breach of any representation or warranty contained herein, nor to seek rescission of the transactions contemplated hereunder. This provision does not diminish or affect in any way the Parties’ rights and obligations under any indemnities provided for in this Agreementthereof.
Appears in 1 contract
Waiver of Certain Damages. Each of the Parties hereby waives, Party irrevocably waives and agrees not to seek indirect, consequential, exemplary, punitive or special exemplary damages of any kind in connection with respect to any Claim or dispute, dispute arising out of or relating related to this Agreement or the breach hereof, including without limitation, any breach of any representation or warranty contained herein, nor to seek rescission of the transactions contemplated hereunder. This provision does not diminish or affect in any way the Parties’ rights and obligations under any indemnities provided for in this Agreement.
Appears in 1 contract
Samples: Gulf of Mexico Program Management and Ami Agreement (Cobalt International Energy, Inc.)
Waiver of Certain Damages. Each of the Parties hereby waives, waives and agrees not to seek consequential, exemplary, consequential or punitive or special damages of any kind with respect to any Claim claim, controversy, or dispute, dispute arising out of or relating to this Agreement or the breach hereof, including without limitation, any breach of any representation or warranty contained herein, nor to seek rescission of the transactions contemplated hereunder. This provision does not diminish or affect in any way the Parties’ rights and obligations under any indemnities provided for in this Agreementthereof.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Reve Technologies, Inc.)
Waiver of Certain Damages. Each of the Parties hereby waives, and agrees not to seek consequential, exemplary, punitive or special damages of any kind with respect to any Claim or dispute, dispute arising out of or relating to this Agreement or breach hereof, including including, without limitation, any breach of any representation or warranty contained herein, nor except in connection with a claim for which a Party is adjudicated to seek rescission of the transactions contemplated hereunder. This provision does not diminish or affect in any way the Parties’ rights and obligations under any indemnities provided for in this Agreementhave committed fraud.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Equus Total Return, Inc.)