Waiver of Certain Remedies. Notwithstanding anything to the contrary in this Agreement, in no event shall any Party be entitled to receive or be liable to any other Party for (and each Party hereby waives) any consequential, special, indirect, or punitive damages arising out of this Agreement or the transactions contemplated hereby, irrespective of whether alleged to be by way of indemnity (other than indemnity for Third Party claims) as a result of breach of any provision of this Agreement, tort (including negligence and strict liability), or otherwise, including, without limitation, any loss of profits, loss of income, loss of use, loss of revenue, loss of contracts, loss of fuel, REGARDLESS OF WHETHER ANY SUCH DAMAGES ARE CAUSED BY, CONTRIBUTED TO BY, OR ARISE OUT OF, THE SOLE, JOINT OR CONCURRENT NEGLIGENCE (IN ANY DEGREE) OR STRICT LIABILITY OF THE OTHER PARTIES.
Waiver of Certain Remedies. Landlord and Tenant acknowledge that the rights and obligations of the parties in the event of the damage or destruction of the Premises are as set forth in this Article 11. Tenant hereby expressly waives any rights to terminate this Lease upon damage or destruction of the Premises, except as specifically provided by this Lease, including, without limitation, any rights pursuant to the provisions of Sections 1932(2) and 1933(4) of the California Civil Code, as amended, or any other, similar provisions of law.
Waiver of Certain Remedies. (a) No sum payable to Tenant as the result of any breach or default by Landlord under this Agreement shall be deducted from or offset against any Rent or Additional Charges payable under the Lease unless Landlord, in its sole discretion, consents thereto, and no such breach or default by Landlord under this Agreement shall be the subject of a defense or counterclaim in any action or proceeding brought by Landlord to enforce its rights under the Lease or excuse Tenant from the performance of any of its obligation under the Lease or relieve Tenant of any of its liabilities thereunder.
Waiver of Certain Remedies. Notwithstanding any provision of this Agreement, neither party shall be liable for any indirect, special, consequential, incidental or punitive damages arising out of this Agreement, even if advised of the possibility of such damages; provided, that this shall not limit the liability of the indemnifying party to indemnify the indemnified party with respect to claims brought by third parties against the indemnified party as provided for in this Agreement.
Waiver of Certain Remedies. Notwithstanding anything to the contrary in this Agreement, in no event shall either party be entitled to receive or be liable to the other party for (and each party hereby waives) any consequential, special, indirect, or punitive damages arising out of this Agreement or the transactions contemplated hereby, irrespective of whether the claim or alleged claim arises as a result of breach of any provision of this Agreement, any tort (including negligence and strict liability), or otherwise, including, without limitation, any loss of profits, loss of income, loss of use, loss of revenue, loss of contracts, or loss of fuel.
Waiver of Certain Remedies. NEITHER PARTY TO THIS AGREEMENT SHALL BE LIABLE TO THE OTHER PARTY HERETO OR TO ANY BENEFICIARY OF ANY INDEMNITY CONTAINED IN THIS AGREEMENT FOR INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES.
Waiver of Certain Remedies. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR ANY PROFITS LOST BY THE OTHER PARTY OR FOR ANY CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES SUFFERED BY THE OTHER PARTY, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Waiver of Certain Remedies. Absent fraud, neither party hereto shall be entitled to recover for any liabilities, damages, obligations, payments, losses, costs, or expenses under this Agreement for any amounts in excess of the actual compensatory damages, including lost profits or diminution in value of the Shares or the Company Assets suffered by such party, and neither party hereto shall have any liability for, and each party hereto waives any right to recover, punitive, incidental, special, exemplary and consequential damages arising in connection with or with respect to this Agreement, except to the extent such damages are payable to an unrelated third party. Neither party hereto shall be entitled to recover for any Losses resulting from a breach or inaccuracy by the other party of any of its representations or warranties contained in this Agreement or other Transaction Documents under Sections 7.1(a) and 7.2(a), as applicable, if such other party can demonstrate that such party had actual knowledge of such breach or inaccuracy at as of the date hereof.
Waiver of Certain Remedies. It is the intention of the Parties that Buyer’s rights and remedies with respect to the Transactions and with respect to all acts or practices of Seller, past, present or future, in connection with the Transactions will be governed by legal principles other than the Texas Deceptive Trade Practices – Consumer Protection Act, Tex. Bus. & Com. Code Xxx. § 17.41 et Seq. (the “DTPA”). As such, Buyer hereby waives the applicability of the DTPA to the Transactions and any and all duties, rights and remedies that might be imposed by the DTPA, whether such duties, rights and remedies are applied directly by the DTPA itself or indirectly in connection with other statutes; provided, however, Buyer does not waive § 17.555 of the DTPA. Buyer acknowledges, represents and warrants that it is purchasing the goods or services covered by this Agreement for commercial or business use; that it has assets of $5 million or more according to its most recent financial statement prepared in accordance with GAAP; that it has knowledge and experience in financial and business matters that enable it to evaluate the merits and risks of a transaction such as the Transactions, and that it is not in a significantly disparate bargaining position with Seller.
Waiver of Certain Remedies
