Waiver of Consequential and Punitive Damages. NEITHER ASSIGNEE NOR ASSIGNOR SHALL BE ENTITLED TO RECOVER FROM THE OTHER, RESPECTIVELY, AND EACH PARTY RELEASES THE OTHER PARTY FROM, ANY LOSSES, COSTS, EXPENSES, OR DAMAGES ARISING UNDER THIS AGREEMENT OR IN CONNECTION WITH OR WITH RESPECT TO THE TRANSACTIONS CONTEMPLATED IN THIS AGREEMENT ANY AMOUNT IN EXCESS OF THE ACTUAL COMPENSATORY DAMAGES, COURT COSTS AND REASONABLE ATTORNEYS FEES, SUFFERED BY SUCH PARTY. ASSIGNEE AND ASSIGNOR BOTH WAIVE, AND RELEASE THE OTHER FROM, ANY RIGHT TO RECOVER PUNITIVE, SPECIAL, EXEMPLARY AND CONSEQUENTIAL DAMAGES ARISING OUT OF, RESULTING FROM OR IN CONNECTION WITH THE TRANSACTIONS CONTEMPLATED IN THIS AGREEMENT; PROVIDED, HOWEVER, ANY SUCH DAMAGES RECOVERED BY A THIRD PARTY (OTHER THAN SUBSIDIARIES, AFFILIATES OR PARENT ENTITIES OF A PARTY HERETO) FOR WHICH A PARTY OWES THE OTHER PARTY AN INDEMNITY UNDER THIS ARTICLE 8 SHALL NOT BE WAIVED.
Waiver of Consequential and Punitive Damages. Each of the Credit Parties and the Holders hereby waive to the fullest extent permitted by Applicable Law all claims to consequential and punitive damages in any lawsuit or other legal action brought by any of them against any other of them in respect of any claim among or between any of them arising under this Agreement, the other Loan Documents, or any other agreement or agreements between or among any of them at any time, including any such agreements, whether written or oral, made or alleged to have been made at any time prior to the Closing Date, and all agreements made hereafter or otherwise, and any and all claims arising under common law or under any statute of any state or the United States of America, including any thereof in contract, tort, strict liability or otherwise, whether any such claims be now existing or hereafter arising, now known or unknown. The Holders and the Credit Parties acknowledge and agree that this waiver of claims for consequential damages and punitive damages is a material element of the consideration for this Agreement.
Waiver of Consequential and Punitive Damages. To the extent permitted by applicable law, no Party shall assert, and each Party hereby waives, any claim against each other Party and such Party’s Affiliates, directors, employees, attorneys or agents, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) (whether or not the claim therefor is based on contract, tort or duty imposed by any applicable legal requirement) arising out of, in connection with, as a result of, or in any way related to, this Agreement or any Note Documents or any agreement or instrument contemplated hereby or thereby or referred to herein or therein, the transactions contemplated hereby or thereby, the Notes or the use of the proceeds thereof or any act or omission or event occurring in connection therewith, and each Party hereby waives, releases and agrees not to sxx upon any such claim or any such damages, whether or not accrued and whether or not known or suspected to exist in its favor.
Waiver of Consequential and Punitive Damages. Each of the Credit Parties and the Holders hereby waive to the fullest extent permitted by law all claims to consequential and punitive damages in any lawsuit or other legal action brought by any of them against any other of them in respect of any claim among or between any of them arising under this Agreement, the other Investment Documents, or any other agreement or agreements between or among any of them at any time, including any such agreements, whether written or oral, made or alleged to have been made at any time prior to the Closing Date, and all agreements made hereafter or otherwise, and any and all claims arising under common law or under any statute of any state or the United States of America, including any thereof in contract, tort, strict liability or otherwise, whether any such claims be now existing or hereafter arising, now known or unknown. In making this waiver, the Holders and the Credit Parties acknowledge and agree that there shall be no claims for consequential or punitive damages made by the Holders against any Credit Party and there shall be no claims for consequential or punitive damages made against the Holders by any Credit Party. The Holders and the Credit Parties acknowledge and agree that this waiver of claims for consequential damages and punitive damages is a material element of the consideration for this Agreement.
Waiver of Consequential and Punitive Damages. Contractor acknowledges and agrees that Contractor shall not be entitled to, and hereby waives any claims for consequential or punitive damages in connection with the termination of this Agreement by either the Contractor or the NMCRA as set forth in Sections 6.1, 6.2 and/or 6.3 above, as well as in connection with, arising from or related to any other matter whatsoever between the parties including, but not limited to claims, lawsuits, arbitrations and mediations.
Waiver of Consequential and Punitive Damages. Manager hereby absolutely, irrevocably and unconditionally waives the right to claim or receive consequential, incidental, special or punitive damages in any litigation, action, claim, suit or proceeding, at law or in equity, arising out of, pertaining to or in any way associated with the covenants, undertakings, representations or warranties set forth herein, the relationships of the Parties hereto, whether as “Manager” or otherwise, this Agreement or any other agreement, instrument or document entered into in connection herewith, or any actions or omissions in connection with any of the foregoing. The terms of this Section survive termination. Survival and Severance
Waiver of Consequential and Punitive Damages. Each party hereby waives and agrees to forfeit any right it may have to seek consequential or punitive damages under or related to this Agreement.
Waiver of Consequential and Punitive Damages. Each Borrower and Lender hereby knowingly, voluntarily and intentionally waive any right they may have to consequential or punitive damages arising out of, under or in connection with the Loan Documents or the transactions contemplated therein. Further, each of Borrower and Lender hereby certify that no representative of the Administrative Agent or the Lenders, or counsel to the Administrative Agent or the Lenders, has represented, expressly or otherwise, that the Administrative Agent or the Lenders would not, in the event of such litigation, seek to enforce this waiver of consequential and punitive damages. The Borrower acknowledges that the Administrative Agent and the Lenders have been induced to accept this Note by, inter alia, the provisions of this paragraph.
Waiver of Consequential and Punitive Damages. Each of Seller and Purchaser waive any right to xxx the other for any consequential or punitive damages or lost profits for any matter or claim arising under this Agreement. This Section 19.3 shall survive Closing or early termination of this Agreement.
Waiver of Consequential and Punitive Damages. Notwithstanding anything in this Agreement to the contrary, but without limiting Chaparral’s rights to Liquidated Damages hereunder, in no event shall one Party ever be liable to the other Party, and each Party hereby waives and releases the other Party, with respect to any claim arising out of or relating to this Agreement for any lost or prospective profits or any special, consequential, incidental, indirect, punitive or exemplary losses or damages (in tort, contract or otherwise) under or in respect hereto howsoever caused, whether or not arising from such Party’s sole, joint or concurrent negligence; provided, the foregoing limitation will not apply to claims by third parties (which include such damages) that are covered by the express indemnities contained in this Agreement.
