Common use of Waiver of Certain Damages Clause in Contracts

Waiver of Certain Damages. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY, ANY SUCCESSORS IN INTEREST OR ANY BENEFICIARY OR ASSIGNEE OF THIS AGREEMENT FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF THIS AGREEMENT OR ANY BREACH HEREOF. THIS SECTION 13.2 SHALL APPLY NOTWITHSTANDING THE SOLE, JOINT, OR CONCURRENT NEGLIGENCE, FAULT, OR RESPONSIBILITY OF THE PARTY WHOSE LIABILITY IS WAIVED BY THIS PROVISION, OR ANY OTHER EVENT OR CONDITION, WHETHER ANTICIPATED OR UNANTICIPATED, AND REGARDLESS OF WHETHER PRE-EXISTING PRIOR TO THE DATE OF THIS AGREEMENT. NOTWITHSTANDING THE FOREGOING AND SUBJECT TO SECTION 10.3.3 HEREIN, LOSSES, DAMAGES AND COSTS INCURRED BY PROCESSOR IN CONNECTION WITH OR CAUSED BY INERT CONSTITUENTS AND/OR OFF-SPEC GAS, OR THE VENTING, DISPOSING AND/OR HANDLING THEREOF, SHALL BE CONSIDERED DIRECT DAMAGES AND NOT CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES.

Waiver of Certain Damages. NOTWITHSTANDING ANYTHING EACH OF THE PARTIES EXPRESSLY WAIVES AND RELEASES, AND SHALL CAUSE ITS AFFILIATES TO THE CONTRARY IN THIS AGREEMENTWAIVE AND RELEASE, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY, ANY SUCCESSORS IN INTEREST OR ANY BENEFICIARY OR ASSIGNEE OF THIS AGREEMENT FOR ANY CONSEQUENTIAL, INCIDENTALSPECIAL, INDIRECT, SPECIALCONSEQUENTIAL, PUNITIVE, REMOTE, SPECULATIVE AND EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS OF ANY KIND WITH RESPECT TO ANY DISPUTE ARISING UNDER, RELATED TO, OR PUNITIVE DAMAGES ARISING OUT OF IN CONNECTION WITH THIS AGREEMENT OR ANY BREACH HEREOF. THIS SECTION 13.2 SHALL APPLY NOTWITHSTANDING THE SOLEOTHER AGREEMENT, JOINT, CONTRACT OR CONCURRENT NEGLIGENCE, FAULT, INSTRUMENT CONTEMPLATED HEREIN OR RESPONSIBILITY OF THE PARTY WHOSE LIABILITY IS WAIVED BY THIS PROVISION, OR ANY OTHER EVENT OR CONDITION, WHETHER ANTICIPATED OR UNANTICIPATED, AND REGARDLESS OF WHETHER PRE-EXISTING PRIOR TO THE DATE OF THIS AGREEMENT. NOTWITHSTANDING THE FOREGOING AND SUBJECT TO SECTION 10.3.3 HEREIN, LOSSES, DAMAGES AND COSTS INCURRED BY PROCESSOR IN CONNECTION WITH OR CAUSED THE TRANSACTIONS CONTEMPLATED HEREBY, EXCEPT, IN EACH CASE, TO THE EXTENT ANY SUCH PARTY SUFFERS SUCH DAMAGES (INCLUDING COSTS OF DEFENSE AND REASONABLE ATTORNEY’S FEES INCURRED IN CONNECTION WITH DEFENDING OF SUCH DAMAGES) TO A THIRD PARTY, WHICH DAMAGES (INCLUDING COSTS OF DEFENSE AND REASONABLE ATTORNEY’S FEES INCURRED IN CONNECTION WITH DEFENDING AGAINST SUCH DAMAGES) SHALL NOT BE EXCLUDED BY INERT CONSTITUENTS AND/OR OFF-SPEC GAS, OR THE VENTING, DISPOSING AND/OR HANDLING THEREOF, SHALL BE CONSIDERED DIRECT DAMAGES AND NOT CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGESTHIS PROVISION AS TO RECOVERY HEREUNDER.

Waiver of Certain Damages. NOTWITHSTANDING ANYTHING EXCEPT WITH RESPECT TO THE CONTRARY IN THIS AGREEMENTPMI’S INDEMNIFICATION OBLIGATIONS HEREUNDER, IN NO EVENT SHALL EITHER PARTY PMI BE LIABLE TO THE OTHER PARTY, ANY SUCCESSORS IN INTEREST LICENSEE OR ANY BENEFICIARY OR ASSIGNEE OF THIS AGREEMENT OTHER PARTY FOR ANY CONSEQUENTIALDAMAGES RESULTING FROM LOSS OF DATA, LOST PROFITS, LOSS OF USE OF EQUIPMENT OR LOST CONTRACTS OR FOR ANY SPECIAL, INDIRECT, INCIDENTAL, INDIRECTPUNITIVE, SPECIAL, EXEMPLARY OR PUNITIVE CONSEQUENTIAL DAMAGES IN ANY WAY ARISING OUT OF THIS AGREEMENT OR ANY BREACH HEREOF. THIS SECTION 13.2 SHALL APPLY NOTWITHSTANDING IN CONNECTION WITH THE SOLE, JOINT, USE OR CONCURRENT NEGLIGENCE, FAULT, OR RESPONSIBILITY PERFORMANCE OF THE PARTY WHOSE LIABILITY IS WAIVED BY LICENSED PROPERTY OR RELATING TO THIS PROVISIONAGREEMENT, HOWEVER CAUSED, EVEN IF PMI HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL LICENSEE BE LIABLE TO PMI OR ANY OTHER EVENT PARTY FOR ANY DAMAGES RESULTING FROM LOSS OF DATA, LOST PROFITS, LOSS OF USE OF EQUIPMENT OR CONDITIONLOST CONTRACTS OR FOR ANY SPECIAL, WHETHER ANTICIPATED INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR UNANTICIPATED, AND REGARDLESS CONSEQUENTIAL DAMAGES IN ANY WAY ARISING OUT OF WHETHER PRE-EXISTING PRIOR TO THE DATE OF THIS AGREEMENT. NOTWITHSTANDING THE FOREGOING AND SUBJECT TO SECTION 10.3.3 HEREIN, LOSSES, DAMAGES AND COSTS INCURRED BY PROCESSOR OR IN CONNECTION WITH THE USE OR CAUSED BY INERT CONSTITUENTS AND/PERFORMANCE OF THE LICENSEE’S DEVELOPMENTS OR OFF-SPEC GASRELATING TO THIS AGREEMENT, OR HOWEVER CAUSED, EVEN IF LICENSEE HAS BEEN MADE AWARE OF THE VENTING, DISPOSING AND/OR HANDLING THEREOF, SHALL BE CONSIDERED DIRECT DAMAGES AND NOT CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE POSSIBILITY OF SUCH DAMAGES.

Waiver of Certain Damages. NOTWITHSTANDING ANYTHING NEITHER BUYER NOR SELLER SHALL BE ENTITLED TO RECOVER FROM THE CONTRARY IN THIS AGREEMENTOTHER, IN NO EVENT SHALL EITHER RESPECTIVELY, AND EACH PARTY BE LIABLE TO RELEASES THE OTHER PARTYPARTY FROM, ANY SUCCESSORS IN INTEREST OR ANY BENEFICIARY OR ASSIGNEE OF THIS AGREEMENT FOR ANY CONSEQUENTIALLOSSES, INCIDENTALCOSTS, INDIRECT, SPECIALEXPENSES, OR PUNITIVE DAMAGES ARISING OUT OF UNDER THIS AGREEMENT OR ANY BREACH HEREOF. THIS SECTION 13.2 SHALL APPLY NOTWITHSTANDING THE SOLE, JOINT, OR CONCURRENT NEGLIGENCE, FAULT, OR RESPONSIBILITY OF THE PARTY WHOSE LIABILITY IS WAIVED BY THIS PROVISION, OR ANY OTHER EVENT OR CONDITION, WHETHER ANTICIPATED OR UNANTICIPATED, AND REGARDLESS OF WHETHER PRE-EXISTING PRIOR TO THE DATE OF THIS AGREEMENT. NOTWITHSTANDING THE FOREGOING AND SUBJECT TO SECTION 10.3.3 HEREIN, LOSSES, DAMAGES AND COSTS INCURRED BY PROCESSOR IN CONNECTION WITH OR CAUSED WITH RESPECT TO THE TRANSACTIONS CONTEMPLATED IN THIS AGREEMENT ANY AMOUNT IN EXCESS OF THE ACTUAL DIRECT DAMAGES, COURT COSTS AND REASONABLE ATTORNEYS FEES, SUFFERED BY INERT CONSTITUENTS AND/OR OFF-SPEC GASSUCH PARTY. BUYER AND SELLER BOTH WAIVE, OR AND RELEASE THE VENTINGOTHER FROM, DISPOSING AND/OR HANDLING THEREOFANY RIGHT TO RECOVER LOST PROFITS, SHALL BE CONSIDERED DIRECT DAMAGES AND NOT CONSEQUENTIAL, INCIDENTAL, INDIRECTPUNITIVE, SPECIAL, EXEMPLARY AND CONSEQUENTIAL DAMAGES ARISING OUT OF, RESULTING FROM OR PUNITIVE DAMAGESIN CONNECTION WITH THE TRANSACTIONS CONTEMPLATED IN THIS AGREEMENT; PROVIDED, HOWEVER, ANY SUCH DAMAGES RECOVERED BY A THIRD PERSON (OTHER THAN THE SELLER INDEMNIFIED PARTIES AND BUYER INDEMNIFIED PARTIES) FOR WHICH A PARTY OWES THE OTHER PARTY AN INDEMNITY UNDER THIS ARTICLE 8 SHALL NOT BE WAIVED.

Waiver of Certain Damages. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, IN NO EVENT SHALL EITHER PARTY SELLER OR BUYER BE LIABLE TO THE OTHER PARTY OR THE OTHER PARTY, ’S INDEMNITEES UNDER ANY SUCCESSORS IN INTEREST OR ANY BENEFICIARY OR ASSIGNEE PROVISION OF THIS AGREEMENT (INCLUDING, WITHOUT LIMITATION, ANY INDEMNITY PROVISION HEREOF) FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIALOR SPECIAL DAMAGES IN TORT OR CONTRACT. FURTHERMORE, NEITHER SELLER NOR BUYER SHALL BE LIABLE TO THE OTHER PARTY OR PUNITIVE DAMAGES ARISING OUT THE OTHER PARTY’S INDEMNITEES UNDER ANY PROVISION OF THIS AGREEMENT FOR LOST PROFITS, LOST BUSINESS OPPORTUNITIES OR ANY BREACH HEREOFBUSINESS INTERRUPTION. THIS SECTION 13.2 THE PRECEDING SENTENCES SHALL APPLY NOTWITHSTANDING NOT BE CONSTRUED, HOWEVER, AS LIMITING THE SOLE, JOINT, OBLIGATION OF EITHER SELLER OR CONCURRENT NEGLIGENCE, FAULT, OR RESPONSIBILITY OF BUYER TO INDEMNIFY THE OTHER PARTY WHOSE LIABILITY IS WAIVED BY THIS PROVISION, OR ANY OTHER EVENT OR CONDITION, WHETHER ANTICIPATED OR UNANTICIPATED, AND REGARDLESS OF WHETHER PRE-EXISTING PRIOR TO THE DATE OF THIS AGREEMENT. NOTWITHSTANDING THE FOREGOING AND SUBJECT TO SECTION 10.3.3 HEREIN, LOSSES, DAMAGES AND COSTS INCURRED BY PROCESSOR IN CONNECTION WITH OR CAUSED BY INERT CONSTITUENTS AND/OR OFF-SPEC GAS, OR THE VENTINGOTHER PARTY’S INDEMNITEES AGAINST CLAIMS ASSERTED BY THIRD PARTIES, DISPOSING AND/OR HANDLING THEREOFINCLUDING, SHALL BE CONSIDERED DIRECT DAMAGES AND BUT NOT LIMITED TO, THIRD PARTY CLAIMS FOR PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIALINDIRECT OR SPECIAL DAMAGES, OR PUNITIVE DAMAGESFOR LOST PROFITS, LOST BUSINESS OPPORTUNITIES OR BUSINESS INTERRUPTION.

Waiver of Certain Damages. NOTWITHSTANDING ANYTHING BENEFICIARY, BY ITS ACCEPTANCE OF THIS GUARANTY, AGREES THAT IT SHALL NOT BE ENTITLED TO RECOVER ANY DAMAGES OR AMOUNTS OWED HEREUNDER FROM THE GUARANTOR TO THE CONTRARY EXTENT THAT SUCH DAMAGES OR AMOUNTS OWED ARE SOLELY CAUSED BY OR SOLELY RESULT FROM THE GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR VIOLATION OF APPLICABLE LAW, IN EACH CASE, BY BENEFICIARY, AS DETERMINED BY A FINAL JUDGMENT OF A COURT OF COMPETENT JURISDICTION THAT IS NO LONGER SUBJECT TO APPEAL, REHEARING OR OTHER LEGAL CHALLENGE. EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS GUARNTY OR THE AGREEMENT, THE GUARANTOR (AND, EXCEPT AS OTHERWISE PROVIDED FOR IN NO EVENT THE AGREEMENT, ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, ATTORNEYS, CONSULTANTS OR AGENTS) SHALL EITHER PARTY NOT BE LIABLE TO THE OTHER PARTY, ANY SUCCESSORS IN INTEREST FOR PUNITIVE OR ANY BENEFICIARY OR ASSIGNEE OF THIS AGREEMENT FOR ANY CONSEQUENTIAL, INCIDENTALUNREASONABLE SPECIAL, INDIRECT, SPECIALINCIDENTAL OR CONSEQUENTIAL DAMAGES UNDER, OR PUNITIVE DAMAGES ARISING OUT OF THIS AGREEMENT OR ANY BREACH HEREOF. THIS SECTION 13.2 SHALL APPLY NOTWITHSTANDING THE SOLE, JOINT, OR CONCURRENT NEGLIGENCE, FAULT, OR RESPONSIBILITY OF THE PARTY WHOSE LIABILITY IS WAIVED BY THIS PROVISION, OR ANY OTHER EVENT OR CONDITION, WHETHER ANTICIPATED OR UNANTICIPATED, AND REGARDLESS OF WHETHER PRE-EXISTING PRIOR TO THE DATE OF THIS AGREEMENT. NOTWITHSTANDING THE FOREGOING AND SUBJECT TO SECTION 10.3.3 HEREIN, LOSSES, DAMAGES AND COSTS INCURRED BY PROCESSOR IN CONNECTION WITH ITS PERFORMANCE OR CAUSED BY INERT CONSTITUENTS AND/NON-PERFORMANCE UNDER THIS GUARANTY OR OFF-SPEC GASANY OF ITS OBLIGATIONS HEREIN, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, WARRANTY, INDEMNITY OR THE VENTING, DISPOSING AND/OR HANDLING THEREOF, SHALL BE CONSIDERED DIRECT DAMAGES AND NOT CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGESOTHERWISE.

Waiver of Certain Damages. Limitation of Liability NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY, ANY SUCCESSORS IN INTEREST OR ANY BENEFICIARY OR ASSIGNEE OF THIS AGREEMENT FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF THIS AGREEMENT OR ANY BREACH HEREOF. THIS SECTION 13.2 ARTICLE 8 SHALL APPLY NOTWITHSTANDING THE SOLE, JOINT, JOINT OR CONCURRENT NEGLIGENCE, FAULT, FAULT OR RESPONSIBILITY OF THE PARTY WHOSE LIABILITY IS WAIVED BY THIS PROVISION, OR ANY OTHER EVENT OR CONDITION, WHETHER ANTICIPATED OR UNANTICIPATED, AND REGARDLESS OF WHETHER PRE-EXISTING PRIOR TO THE DATE OF THIS AGREEMENT. NOTWITHSTANDING ; PROVIDED, HOWEVER, THE FOREGOING AND SUBJECT LIMITATION OF LIABILITY SHALL NOT 17 BE CONSTRUED AS LIMITING THE OBLIGATION OF EITHER PARTY HEREUNDER TO SECTION 10.3.3 HEREININDEMNIFY THE OTHER PARTY AGAINST TORT CLAIMS ASSERTED BY UNAFFILIATED THIRD PARTIES, LOSSESINCLUDING, DAMAGES AND COSTS INCURRED BY PROCESSOR IN CONNECTION WITH OR CAUSED BY INERT CONSTITUENTS AND/OR OFF-SPEC GASBUT NOT LIMITED TO, OR THE VENTING, DISPOSING AND/OR HANDLING THEREOF, SHALL BE CONSIDERED DIRECT DAMAGES AND NOT CONSEQUENTIAL, INCIDENTALTHIRD PARTY CLAIMS FOR PUNITIVE, INDIRECT, SPECIAL, INCIDENTAL OR PUNITIVE CONSEQUENTIAL DAMAGES.. Article 9

Waiver of Certain Damages. NOTWITHSTANDING ANYTHING EACH OF THE PARTIES HEREBY WAIVES, AND AGREES NOT TO SEEK, INDIRECT, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES OF ANY KIND WITH RESPECT TO ANY CLAIM, OCCURRENCE, CONDITION OR DISPUTE, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR BREACH HEREOF; PROVIDED, HOWEVER, THAT THIS PROVISION DOES NOT DIMINISH OR AFFECT IN ANY WAY THE CONTRARY PARTIES' RIGHTS AND OBLIGATIONS UNDER ANY INDEMNITIES PROVIDED FOR IN THIS AGREEMENT, . 8.8. LIMITATION ON INDEMNITIES. IN NO EVENT SHALL EITHER AN INDEMNIFYING PARTY BE LIABLE HAVE ANY OBLIGATION OF INDEMNIFICATION TO THE OTHER PARTY, ANY SUCCESSORS IN INTEREST IF THE CLAIM, OCCURRENCE, CONDITION OR ANY BENEFICIARY DISPUTE FOR WHICH INDEMNITY IS SOUGHT WAS CAUSED BY THE GROSS NEGLIGENCE OR ASSIGNEE OF THIS AGREEMENT FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF THIS AGREEMENT OR ANY BREACH HEREOF. THIS SECTION 13.2 SHALL APPLY NOTWITHSTANDING WILLFUL MISCONDUCT ON THE SOLE, JOINT, OR CONCURRENT NEGLIGENCE, FAULT, OR RESPONSIBILITY PART OF THE INDEMNIFIED PARTY WHOSE LIABILITY IS WAIVED BY THIS PROVISION, OR ANY OTHER EVENT OR CONDITION, WHETHER ANTICIPATED OR UNANTICIPATED, AND REGARDLESS OF WHETHER PRE-EXISTING PRIOR TO THE DATE OF THIS AGREEMENT. NOTWITHSTANDING THE FOREGOING AND SUBJECT TO SECTION 10.3.3 HEREIN, LOSSES, DAMAGES AND COSTS INCURRED BY PROCESSOR IN CONNECTION WITH OR CAUSED BY INERT CONSTITUENTS AND/OR OFF-SPEC GASITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUBCONTRACTORS OR THE VENTING, DISPOSING AND/OR HANDLING THEREOF, SHALL BE CONSIDERED DIRECT DAMAGES AND NOT CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGESAFFILIATES.

Waiver of Certain Damages. NOTWITHSTANDING ANYTHING IN NO EVENT SHALL LANDLORD BE LIABLE FOR ANY PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING UNDER OR IN CONNECTION WITH THIS LEASE, EVEN IF TENANT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ANY CLAIMS FOR SUCH DAMAGES BEING HEREBY KNOWINGLY AND VOLUNTARILY WAIVED AND RELEASED BY TENANT FOR ALL PURPOSES UNDER AND IN CONNECTION WITH THIS LEASE AND THE PREMISES. EXCEPT FOR DAMAGES LANDLORD MAY SUFFER IN THE EVENT OF A HOLDOVER BY TENANT PURSUANT TO SECTION 3.2 ABOVE AND EXCEPT FOR ANY DAMAGES LANDLORD MAY SUFFER RELATING TO A CONTAMINATION OF THE CONTRARY IN THIS AGREEMENTPREMISES, BUILDING OR THE PROPERTY BY HAZARDOUS MATERIALS RELEASED OR BROUGHT ONTO THE PROPERTY BY TENANT OR A TENANT-RELATED PARTY, IN NO EVENT SHALL EITHER PARTY TENANT BE LIABLE TO THE OTHER PARTY, ANY SUCCESSORS IN INTEREST OR ANY BENEFICIARY OR ASSIGNEE OF THIS AGREEMENT FOR ANY CONSEQUENTIALPUNITIVE, INCIDENTAL, INDIRECT, SPECIAL, SPECIAL OR PUNITIVE CONSEQUENTIAL DAMAGES ARISING OUT OF THIS AGREEMENT UNDER OR ANY BREACH HEREOF. THIS SECTION 13.2 SHALL APPLY NOTWITHSTANDING THE SOLE, JOINT, OR CONCURRENT NEGLIGENCE, FAULT, OR RESPONSIBILITY OF THE PARTY WHOSE LIABILITY IS WAIVED BY THIS PROVISION, OR ANY OTHER EVENT OR CONDITION, WHETHER ANTICIPATED OR UNANTICIPATED, AND REGARDLESS OF WHETHER PRE-EXISTING PRIOR TO THE DATE OF THIS AGREEMENT. NOTWITHSTANDING THE FOREGOING AND SUBJECT TO SECTION 10.3.3 HEREIN, LOSSES, DAMAGES AND COSTS INCURRED BY PROCESSOR IN CONNECTION WITH OR CAUSED THIS LEASE, EVEN IF LANDLORD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ANY CLAIMS FOR SUCH DAMAGES BEING HEREBY KNOWINGLY AND VOLUNTARILY WAIVED AND RELEASED BY INERT CONSTITUENTS AND/OR OFF-SPEC GAS, OR LANDLORD FOR ALL PURPOSES UNDER AND IN CONNECTION WITH THIS LEASE AND THE VENTING, DISPOSING AND/OR HANDLING THEREOF, SHALL BE CONSIDERED DIRECT DAMAGES AND NOT CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGESPREMISES.

Waiver of Certain Damages. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTYPARTY OR ITS AFFILIATES, ANY SUCCESSORS IN INTEREST OR ANY BENEFICIARY OR ASSIGNEE OF THIS AGREEMENT FOR ANY CONSEQUENTIAL, MULTIPLE, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES DAMAGES, OR LOSS OF PROFITS OR REVENUES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY BREACH HEREOF; PROVIDED, HOWEVER, THE FOREGOING SHALL NOT BE CONSTRUED AS LIMITING AN OBLIGATION OF A PARTY HEREUNDER TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE OTHER PARTY AGAINST CLAIMS ASSERTED BY UNAFFILIATED THIRD PARTIES, INCLUDING, BUT NOT LIMITED TO, THIRD PARTY CLAIMS FOR SPECIAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES. THIS SECTION 13.2 ARTICLE X SHALL APPLY NOTWITHSTANDING THE SOLE, JOINT, JOINT OR CONCURRENT NEGLIGENCE, FAULT, FAULT OR RESPONSIBILITY OF THE PARTY WHOSE LIABILITY IS WAIVED BY THIS PROVISION, OR ANY OTHER EVENT OR CONDITION, WHETHER ANTICIPATED OR UNANTICIPATED, AND REGARDLESS OF WHETHER PRE-EXISTING PRIOR TO THE DATE OF THIS AGREEMENT. NOTWITHSTANDING THE FOREGOING AND SUBJECT TO SECTION 10.3.3 HEREIN, LOSSES, DAMAGES AND COSTS INCURRED BY PROCESSOR IN CONNECTION WITH OR CAUSED BY INERT CONSTITUENTS AND/OR OFF-SPEC GAS, OR THE VENTING, DISPOSING AND/OR HANDLING THEREOF, SHALL BE CONSIDERED DIRECT DAMAGES AND NOT CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES.

Waiver of Certain Damages. NOTWITHSTANDING ANYTHING NONE OF THE MEMBERS OF THE BUYER GROUP OR SELLER GROUP SHALL BE ENTITLED TO (AND EACH OF THE CONTRARY IN THIS AGREEMENTPARTIES EXPRESSLY WAIVES AND RELEASES, IN NO EVENT AND SHALL EITHER PARTY BE LIABLE CAUSE THE MEMBERS OF ITS GROUP TO THE OTHER PARTY, ANY SUCCESSORS IN INTEREST OR ANY BENEFICIARY OR ASSIGNEE OF THIS AGREEMENT FOR ANY CONSEQUENTIAL, INCIDENTALWAIVE AND RELEASE) SPECIAL, INDIRECT, SPECIALCONSEQUENTIAL, PUNITIVE, REMOTE, SPECULATIVE AND EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS (OTHER THAN LOST PROFITS THAT CONSTITUTE DIRECT DAMAGES AS A MATTER OF LAW) WITH RESPECT TO ANY DISPUTE OR CLAIM ARISING UNDER, RELATED TO, OR PUNITIVE DAMAGES ARISING OUT OF IN CONNECTION WITH THIS AGREEMENT OR ANY BREACH HEREOF. THIS SECTION 13.2 SHALL APPLY NOTWITHSTANDING THE SOLEOTHER AGREEMENT, JOINT, CONTRACT OR CONCURRENT NEGLIGENCE, FAULT, INSTRUMENT CONTEMPLATED HEREIN OR RESPONSIBILITY OF THE PARTY WHOSE LIABILITY IS WAIVED BY THIS PROVISION, OR ANY OTHER EVENT OR CONDITION, WHETHER ANTICIPATED OR UNANTICIPATED, AND REGARDLESS OF WHETHER PRE-EXISTING PRIOR TO THE DATE OF THIS AGREEMENT. NOTWITHSTANDING THE FOREGOING AND SUBJECT TO SECTION 10.3.3 HEREIN, LOSSES, DAMAGES AND COSTS INCURRED BY PROCESSOR IN CONNECTION WITH OR CAUSED THE TRANSACTIONS CONTEMPLATED HEREBY, EXCEPT TO THE EXTENT ANY APPLICABLE PARTY SUFFERS SUCH DAMAGES TO A NON-PARTY, WHICH DAMAGES (INCLUDING COSTS OF DEFENSE AND REASONABLE ATTORNEYS’ FEES INCURRED IN CONNECTION WITH DEFENDING SUCH DAMAGES) SHALL NOT BE EXCLUDED BY INERT CONSTITUENTS AND/OR OFF-SPEC GAS, OR THE VENTING, DISPOSING AND/OR HANDLING THEREOF, SHALL BE CONSIDERED DIRECT DAMAGES AND NOT CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGESTHIS PROVISION AS TO RECOVERY HEREUNDER.

Waiver of Certain Damages. NOTWITHSTANDING ANYTHING BENEFICIARY, BY ITS ACCEPTANCE OF THIS GUARANTY, AGREES THAT IT SHALL NOT BE ENTITLED TO RECOVER ANY DAMAGES OR AMOUNTS OWED HEREUNDER FROM THE GUARANTOR TO THE CONTRARY EXTENT THAT SUCH DAMAGES OR AMOUNTS OWED ARE SOLELY CAUSED BY OR SOLELY RESULT FROM THE GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR VIOLATION OF APPLICABLE LAW, IN THIS EACH CASE, BY BENEFICIARY, AS DETERMINED BY A FINAL JUDGMENT OF A COURT OF COMPETENT JURISDICTION THAT IS NO LONGER SUBJECT TO APPEAL, REHEARING OR OTHER LEGAL CHALLENGE. THE GUARANTOR (AND, EXCEPT AS OTHERWISE PROVIDED FOR IN THE AGREEMENT, IN NO EVENT ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, ATTORNEYS, CONSULTANTS OR AGENTS) SHALL EITHER PARTY NOT BE LIABLE TO THE OTHER PARTYFOR SPECIAL, ANY SUCCESSORS IN INTEREST OR ANY BENEFICIARY OR ASSIGNEE OF THIS AGREEMENT FOR ANY CONSEQUENTIALINDIRECT, INCIDENTAL, INDIRECTPUNITIVE OR CONSEQUENTIAL DAMAGES UNDER, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF THIS AGREEMENT OR ANY BREACH HEREOF. THIS SECTION 13.2 SHALL APPLY NOTWITHSTANDING THE SOLE, JOINT, OR CONCURRENT NEGLIGENCE, FAULT, OR RESPONSIBILITY OF THE PARTY WHOSE LIABILITY IS WAIVED BY THIS PROVISION, OR ANY OTHER EVENT OR CONDITION, WHETHER ANTICIPATED OR UNANTICIPATED, AND REGARDLESS OF WHETHER PRE-EXISTING PRIOR TO THE DATE OF THIS AGREEMENT. NOTWITHSTANDING THE FOREGOING AND SUBJECT TO SECTION 10.3.3 HEREIN, LOSSES, DAMAGES AND COSTS INCURRED BY PROCESSOR IN CONNECTION WITH ITS PERFORMANCE OR CAUSED BY INERT CONSTITUENTS AND/NON-PERFORMANCE UNDER THIS GUARANTY OR OFF-SPEC GASANY OF ITS OBLIGATIONS HEREIN, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, WARRANTY, INDEMNITY OR THE VENTING, DISPOSING AND/OR HANDLING THEREOF, SHALL BE CONSIDERED DIRECT DAMAGES AND NOT CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGESOTHERWISE.