Common use of Waiver of Consequential Damages, Etc Clause in Contracts

Waiver of Consequential Damages, Etc. To the fullest extent permitted by applicable Law, no party hereto shall assert, and each such party hereby waives, and acknowledges that no other Person shall have, any claim on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement, any other Loan Document or any agreement or instrument contemplated hereby, the transactions contemplated hereby or thereby, any Loan or Letter of Credit or the use of the proceeds thereof; provided that nothing contained in this clause (d) shall relieve the Loan Parties of any obligation it may have to indemnify an Indemnitee to against special, indirect, consequential or punitive damages asserted against such Indemnitee by a third party claim. No Indemnitee shall be liable for any damages arising from the use by unintended recipients of any information or other materials distributed to such unintended recipients by such Indemnitee through telecommunications, electronic or other information transmission systems in connection with this Agreement or the other Loan Documents or the transactions contemplated hereby or thereby.

Waiver of Consequential Damages, Etc. To the fullest extent permitted by applicable Lawlaw, no party hereto Loan Party shall assert, and each such party Loan Party hereby waives, and acknowledges that no other Person shall have, any claim against any Indemnitee, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement, any other Loan Document or any agreement or instrument contemplated hereby, the transactions contemplated hereby or thereby, any Loan or Letter of Credit or the use of the proceeds thereof; provided that nothing contained in this clause (d) shall relieve the Loan Parties of any obligation it may have to indemnify an Indemnitee to against special, indirect, consequential or punitive damages asserted against such Indemnitee by a third party claim. No Indemnitee shall be liable for any damages arising from the use by unintended recipients of any information or other materials distributed to such unintended recipients by such Indemnitee through telecommunications, electronic or other information transmission systems in connection with this Agreement or the other Loan Documents or the transactions contemplated hereby or therebythereby other than for direct or actual damages resulting from (x) the gross negligence or willful misconduct of such Indemnitee as determined by a final and nonappealable judgment of a court of competent jurisdiction or (y) a claim brought by any Loan Party against such Indemnitee for breach in bad faith of such Indemnitee’s obligations hereunder or under any other Loan Document, if such Loan Party has obtained a final and nonappealable judgment in its favor on such claim as determined by a court of competent jurisdiction.

Waiver of Consequential Damages, Etc. To the fullest extent permitted by applicable Lawlaw, no party hereto shall assert, and each such party hereby waives, and acknowledges that no other Person shall have, any claim against any other party hereto, on any theory of liability, for special, indirect, consequential or punitive damages damages, including without limitation, any loss of profits, business or anticipated savings (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement, any other Loan Document or any agreement or instrument contemplated hereby, the transactions contemplated hereby or thereby, any Loan or Letter of Credit Advance, or the use of the proceeds thereof; provided that nothing contained in this clause (de) shall relieve the Loan Parties Company of any obligation it may have to indemnify an Indemnitee to against special, indirect, consequential or punitive damages asserted against such Indemnitee by a third party claimparty. No Indemnitee party hereto shall be liable for any damages arising from the use by unintended recipients of any information or other materials distributed to such unintended recipients by such Indemnitee it through telecommunications, electronic or other information transmission systems in connection with this Agreement or the other Loan Documents or the transactions contemplated hereby or thereby.

Waiver of Consequential Damages, Etc. To the fullest extent permitted by applicable Law, no party hereto shall assert, and each such party hereby waives, and acknowledges that no other Person shall have, any claim on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement, any other Loan Document or any agreement or instrument contemplated hereby, the transactions contemplated hereby or thereby, any Loan or Letter of Credit or the use of the proceeds thereof; provided that nothing contained in this clause (d) shall relieve the Loan Parties of any obligation it may have to indemnify an Indemnitee to against special, indirect, consequential or punitive damages asserted against such Indemnitee by a third party claim. No Indemnitee shall be liable for any damages arising from the use by unintended recipients of any information or other materials distributed to such unintended recipients by such Indemnitee through telecommunications, electronic or other information transmission systems in connection with this Agreement or the other Loan Documents or the transactions contemplated hereby or thereby.

Waiver of Consequential Damages, Etc. To the fullest extent permitted by applicable Applicable Law, no each party hereto agrees that it shall not assert, and each such party hereby waives, and acknowledges that no other Person shall have, any claim against any other party hereto, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement, any other Loan Document or any agreement or instrument contemplated hereby, the transactions contemplated hereby or thereby, any Loan or Letter of Credit or the use of the proceeds thereof; provided provided, however, that nothing contained in the preceding sentence shall limit any Borrower’s indemnity and reimbursement obligations under this clause (d) shall relieve Section 13.3 to the Loan Parties of any obligation it may have to indemnify an Indemnitee to against extent special, indirect, consequential or punitive damages asserted against such Indemnitee by a are included in any third party claimclaim with respect to which the applicable Indemnitee is entitled to indemnification under this Section 13.3. No Indemnitee referred to in clause (b) above shall be liable for any damages arising from the use by unintended recipients of any information or other materials distributed to such unintended recipients by such Indemnitee it through telecommunications, electronic or other information transmission systems in connection with this Agreement or the other Loan Documents or the transactions contemplated hereby or thereby.

Waiver of Consequential Damages, Etc. To the fullest extent permitted by applicable Lawlaw, no each party hereto and each Indemnitee shall not assert, and each such party hereby waives, and acknowledges that no other Person shall have, any claim against each other party hereto and each Indemnitee, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement, any other Loan Document or any agreement or instrument contemplated hereby, the transactions contemplated hereby or thereby, any Loan or Letter of Credit or the use of the proceeds thereof; provided that nothing contained in this clause (dprovision shall not limit the Borrower’s indemnity obligations under Section 10.04(b) shall relieve the Loan Parties of any obligation it may have to indemnify an Indemnitee to against special, indirect, consequential or punitive damages for claims asserted against such any Indemnitee by a any third party claimparty. No Indemnitee referred to in subsection (b) above shall be liable for any damages arising from the use by unintended recipients of any information or other materials distributed to such unintended recipients by such Indemnitee through telecommunications, electronic or other information transmission systems in connection with this Agreement or the other Loan Documents or the transactions contemplated hereby or therebythereby other than for direct or actual damages resulting from the gross negligence or willful misconduct of such Indemnitee as determined by a final and nonappealable judgment of a court of competent jurisdiction.

Waiver of Consequential Damages, Etc. To the fullest extent permitted by applicable Lawlaw, but without limiting in any respect the indemnification obligations of any Borrower under clause (b) above, no party hereto shall assert, and each such party hereto hereby waives, and acknowledges that no other Person shall have, any claim against any other party hereto (and with respect to the Borrowers, their respective Subsidiaries also), on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement, any other Loan Document or any agreement or instrument contemplated hereby, the transactions contemplated hereby or thereby, any Loan Advance or Letter of Credit Credit, or the use of the proceeds thereof; provided provided, however that nothing contained in if an Event of Default under Section 6.01(e) shall have occurred and be continuing, then the waiver made by the Indemnified Parties under this clause (d) shall relieve the Loan Parties immediately terminate, and shall be of any obligation it may have to indemnify an Indemnitee to against special, indirect, consequential no further force or punitive damages asserted against such Indemnitee by a third party claimeffect whatsoever. No Indemnitee Indemnified Party referred to in clause (b) above shall be liable for any damages arising from the use by unintended recipients of any information or other materials distributed to such unintended recipients by such Indemnitee it through telecommunications, electronic or other information transmission systems in connection with this Agreement or the other Loan Documents or the transactions contemplated hereby or thereby.

Waiver of Consequential Damages, Etc. To the fullest extent permitted by applicable Applicable Law, no party hereto shall assert, and each such party hereto hereby waives, and acknowledges that no other Person shall have, any claim against any other party hereto, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement, any other Loan Document or any agreement or instrument contemplated hereby, the transactions contemplated hereby or thereby, any Loan or Letter of Credit or the use of the proceeds thereof; provided provided, however, that nothing contained this provision shall not apply to any damages in this clause (d) shall relieve the Loan Parties respect of any obligation it may have indemnity obligations to indemnify an Indemnitee to against special, indirect, consequential or punitive damages asserted against such Indemnitee by a third party claimthe Administrative Agent under the terms of this Agreement. No Indemnitee referred to in clause (b) above shall be liable for any damages arising from the use by unintended recipients of any information or other materials distributed to such unintended recipients by such Indemnitee through telecommunications, electronic or other information transmission systems in connection with this Agreement or the other Loan Documents or the transactions contemplated hereby or thereby.

Waiver of Consequential Damages, Etc. To the fullest extent permitted by applicable Lawlaw, no party hereto the Borrowers shall not assert, and each such party hereby waives, and acknowledges that no other Person shall havewaive, any claim against any Indemnitee, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement, any other Loan Document or any agreement or instrument contemplated hereby, the transactions contemplated hereby or thereby, any Loan or Letter of Credit or the use of the proceeds thereof; provided provided, that nothing contained in this clause (d) shall relieve limit the Loan Parties Borrower’s indemnity obligations under this Section 10.04 in respect of any obligation it may have to indemnify an Indemnitee to against claims made by third parties for any special, indirect, consequential or punitive damages asserted against such Indemnitee by a third party claimdamages. No Indemnitee referred to in clause (b) above shall be liable for any damages arising from the use by unintended recipients of any information or other materials distributed to such unintended recipients by such Indemnitee through telecommunications, electronic or other information transmission systems in connection with this Agreement or the other Loan Documents or the transactions contemplated hereby or therebythereby other than for direct or actual damages resulting from the gross negligence or willful misconduct of such Indemnitee as determined by a final and nonappealable judgment of a court of competent jurisdiction.

Waiver of Consequential Damages, Etc. To the fullest extent permitted by applicable Lawlaw, no party hereto shall assert, and each such party hereby waives, and acknowledges that no other Person shall have, any claim against any other party hereto, on any theory of liability, for special, indirect, consequential or punitive damages damages, including without limitation, any loss of profits, business or anticipated savings (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement, any other Loan Document or any agreement or instrument contemplated hereby, the transactions contemplated hereby or thereby, any Loan or Letter of Credit Advance, or the use of the proceeds thereof; provided that nothing contained in this clause (de) shall relieve the Loan Parties any Borrower of any obligation it may have to indemnify an Indemnitee to against special, indirect, consequential or punitive damages asserted against such Indemnitee by a third party claimparty. No Indemnitee party hereto shall be liable for any damages arising from the use by unintended recipients of any information or other materials distributed to such unintended recipients by such Indemnitee it through telecommunications, electronic or other information transmission systems in connection with this Agreement or the other Loan Documents or the transactions contemplated hereby or thereby.

Waiver of Consequential Damages, Etc. To the fullest extent permitted by applicable Applicable Law, no party hereto to this Agreement shall assert, and each such party hereby waives, and acknowledges that no other Person shall have, any claim against any other party to this Agreement, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement, any other Loan Document or any agreement or instrument contemplated hereby, the transactions contemplated hereby or thereby, any Loan or Letter of Credit or the use of the proceeds thereof; provided that nothing contained the foregoing limitation shall not be deemed to impair or affect the indemnification obligations of the Borrower under the Loan Documents. Provided that such distribution of information or other materials is made in compliance with the applicable provisions of this Agreement, no Indemnitee referred to in clause (db) shall relieve the Loan Parties of any obligation it may have to indemnify an Indemnitee to against special, indirect, consequential or punitive damages asserted against such Indemnitee by a third party claim. No Indemnitee above shall be liable for any damages arising from the use by unintended recipients of any information or other materials distributed to such unintended recipients by such Indemnitee it through telecommunications, electronic or other information transmission systems in connection with this Agreement or the other Loan Documents or the transactions contemplated hereby or thereby.

Waiver of Consequential Damages, Etc. To Without limiting the Loan Parties’ indemnification obligations above, to the fullest extent permitted by applicable Law, no party hereto shall assert, and each such party hereto hereby waives, and acknowledges that no other Person shall have, any claim against any other party hereto (or any Indemnitee or any Loan Party), on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement, any other Loan Document or any agreement or instrument contemplated hereby, the transactions contemplated hereby or thereby, any Loan or Letter of Credit or the use of the proceeds thereof; provided that nothing contained thereof (other than in this clause (d) shall relieve the Loan Parties respect of any obligation it may have to indemnify such damages incurred or paid by an Indemnitee to against special, indirect, consequential or punitive damages asserted against such Indemnitee by a third party claimand to which such Indemnitee is otherwise entitled to indemnification as provided above). No Indemnitee shall be liable for any damages arising from the use by unintended recipients of any information or other materials distributed to such unintended recipients by such Indemnitee through telecommunications, electronic or other information transmission systems in connection with this Agreement or the other Loan Documents or the transactions contemplated hereby or thereby.

Waiver of Consequential Damages, Etc. To the fullest extent permitted by applicable Lawlaw, no party hereto shall assert, and each such party hereto hereby waives, and acknowledges that no other Person shall have, any claim against any Indemnitee or any other party hereto, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement, any other Loan Credit Document or any agreement or instrument contemplated hereby, the transactions contemplated hereby or thereby, any Loan or Letter of Credit Loan, or the use of the proceeds thereof; provided that nothing contained in this clause (d) the foregoing shall relieve not limit any Credit Party’s indemnity obligations to the Loan Parties of any obligation it may have to indemnify an Indemnitee to against extent special, indirect, consequential or punitive damages asserted against are included in any third party claim in connection with which such Indemnitee by a third party claimis entitled to receive indemnification hereunder. No Indemnitee shall be liable for any damages arising from the use by unintended recipients of any information or other materials distributed to such unintended recipients by such Indemnitee it through telecommunications, electronic or other information transmission systems in connection with this Agreement or the other Loan Credit Documents or the transactions contemplated hereby or thereby.

Waiver of Consequential Damages, Etc. To the fullest extent permitted by applicable Lawlaw, no party hereto shall assert, and each such party hereto hereby waives, and acknowledges that no other Person party hereto shall have, any claim against any party hereto, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damagesdamages (which may include special, indirect, consequential or punitive damages asserted against any such party hereto by a third party)) arising out of, in connection with, or as a result of, this Agreement, any other Loan Document or any agreement or instrument contemplated hereby, the transactions contemplated hereby or thereby, any Loan or Letter of Credit or the use of the proceeds thereof; provided that nothing contained in this clause (d) shall relieve the Loan Parties of any obligation it may have to indemnify an Indemnitee to against special, indirect, consequential or punitive damages asserted against such Indemnitee by a third party claim. No Indemnitee referred to in subsection (b) above shall be liable for any damages arising from the use by unintended recipients of any information or other materials distributed to such unintended recipients by such Indemnitee through telecommunications, electronic or other information transmission systems in connection with this Agreement or the other Loan Documents or the transactions contemplated hereby or thereby, other than for direct or actual damages resulting from the gross negligence, bad faith or willful misconduct of such Indemnitee as determined by a final and nonappealable judgment of a court of competent judgment.

Waiver of Consequential Damages, Etc. To the fullest extent permitted by applicable Lawlaw, no party hereto the parties to this Agreement shall not assert, and each such party hereby waives, and acknowledges that no other Person shall havewaive, any claim against any other party or Indemnitee, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement, any other Loan Document or any agreement or instrument contemplated hereby, the transactions contemplated hereby or thereby, any Loan or Letter of Credit or the use of the proceeds thereof; , provided that that, nothing contained in this clause (dSection 10.04(d) shall relieve the Loan Parties Borrower of any obligation it may have to indemnify an Indemnitee to against special, indirect, consequential or punitive damages asserted against actually paid by such Indemnitee by to a third party claimparty. No Indemnitee referred to in subsection (b) above shall be liable for any damages arising from the use by unintended recipients of any information or other materials distributed to such unintended recipients by such Indemnitee it through telecommunications, electronic or other information transmission systems in connection with this Agreement or the other Loan Documents or the transactions contemplated hereby or therebythereby except to the extent caused by such Person’s gross negligence or willful misconduct of such Indemnitee as determined by a final and nonappealable judgment of a court of competent jurisdiction.

Waiver of Consequential Damages, Etc. To the fullest extent permitted by applicable Requirements of Law, no party hereto shall assert, and each such party hereto hereby waives, and acknowledges that no other Person shall have, any claim against any other person, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement, any other Loan Document or any agreement or instrument contemplated hereby, the transactions contemplated hereby or thereby, any Loan or Letter of Credit or the use of the proceeds thereof; provided that nothing contained in this clause (dSection 14.03(d) or otherwise shall relieve limit any Borrower’s indemnity or reimbursement obligations to the Loan Parties of any obligation it may have to indemnify an Indemnitee to against special, indirect, consequential or punitive damages asserted against such Indemnitee by a third party claimextent otherwise set forth in this Section 14.03. No Indemnitee party hereto shall be liable for any damages arising from the use by unintended recipients of any information or other materials distributed to such unintended recipients by such Indemnitee it through telecommunications, electronic or other information transmission systems in connection with this Agreement or the other Loan Documents or the transactions contemplated hereby or therebythereby unless determined by a court of competent jurisdiction by final judgment (with any time for appeals having expired) to have resulted from the gross negligence or willful misconduct of such person.

Waiver of Consequential Damages, Etc. To the fullest extent permitted by applicable Lawlaw, no party hereto shall assert, and each such party hereby waives, and acknowledges that no other Person shall have, any claim against any other party on any theory of liability, for special, indirect, consequential (including, without limitation, any lost profits, business or anticipated savings) or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement, any other Loan Credit Document or any agreement or instrument contemplated hereby, the transactions contemplated hereby or thereby, any Loan or Letter of Credit or the use of the proceeds thereof; provided that nothing contained in this clause (d) sentence shall relieve limit the Loan Parties of any obligation it may have Credit Parties’ indemnification obligations pursuant to indemnify an Indemnitee Section 10.03 to against the extent set forth therein to the extent such special, indirect, consequential or punitive damages asserted against are included in any third party claim in connection with which such Indemnitee by a third party claimis entitled to indemnification hereunder. No Indemnitee party hereto shall be liable for any damages arising from the use by unintended recipients of any information or other materials distributed to such unintended recipients by such Indemnitee it through telecommunications, electronic or other information transmission systems in connection with this Agreement or the other Loan Credit Documents or the transactions contemplated hereby or thereby.

Waiver of Consequential Damages, Etc. To the fullest extent permitted by applicable Law, no party hereto the Company shall not assert, and each such party hereby waives, waives and acknowledges that no other Person shall have, any claim against the Purchasers, any holder of a Note, the Agent, and their respective Affiliates, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, with or as a result of, of this Agreement, any other Loan Note Document or any agreement or instrument contemplated hereby, the transactions contemplated hereby or thereby, any Loan or Letter of Credit Note or the use of the proceeds thereof; provided that nothing contained . Notwithstanding any provision of this Agreement and/or any other Note Document to the contrary, the Agent shall not in this clause (d) shall relieve any event be liable for any loss of profit, loss of business, loss of goodwill or loss of opportunity, whether direct or indirect. None of the Loan Parties Purchasers, the holders of any obligation it may have to indemnify an Indemnitee to against specialthe Notes, indirectthe Agent, consequential or punitive damages asserted against such Indemnitee by a third party claim. No Indemnitee and their respective Affiliates shall be liable for any damages arising from the use by unintended recipients of any information or other materials distributed to such unintended recipients by such Indemnitee each of them through telecommunications, electronic or other information transmission systems in connection with this Agreement or the other Loan Note Documents or the transactions contemplated hereby or thereby.

Waiver of Consequential Damages, Etc. To the fullest extent permitted by applicable Lawlaw, no party hereto shall assert, and each such party hereby waives, and acknowledges that no other Person shall have, any claim against the Borrower and its Affiliates or any Indemnitee, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement, any other Loan Document or any agreement or instrument contemplated hereby, the transactions contemplated hereby or thereby, any Loan or Letter of Credit or the use of the proceeds thereof; provided that nothing contained in this clause (dsuch waiver shall not limit any Loan Party’s reimbursement or indemnification obligations under Sections 10.04(a) shall relieve the Loan Parties of any obligation it may have to indemnify an Indemnitee to against specialor 10.04(b), indirect, consequential or punitive damages asserted against such Indemnitee by a third party claimrespectively. No Indemnitee referred to in subsection (b) above or the Borrower and its Affiliates shall be liable for any damages arising from the use by unintended recipients of any information or other materials distributed to such unintended recipients by such Indemnitee it through telecommunications, electronic or other information transmission systems in connection with this Agreement or the other Loan Documents or the transactions contemplated hereby or thereby, except to the extent such damages result from the gross negligence or willful misconduct of such Indemnitee.

Waiver of Consequential Damages, Etc. To the fullest extent permitted by applicable Law, no party none of the parties hereto shall assert, and each such party hereto hereby waives, and acknowledges that no other Person shall have, any claim against any other party hereto or any Indemnitee, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement, any other Loan Document or any agreement or instrument contemplated hereby, the transactions contemplated hereby or thereby, any Loan or Letter of Credit or the use of the proceeds thereof; provided provided, that nothing contained in this clause (d) sentence shall relieve limit the Loan Parties of any obligation it may have Parties’ indemnity obligations to indemnify an Indemnitee to against special, indirect, consequential or punitive damages asserted against such Indemnitee by a third party claimthe extent set forth in Section 11.04(b). No Indemnitee referred to in subsection (b) above shall be liable for any damages arising from the use by unintended recipients of any information or other materials distributed to such unintended recipients by such Indemnitee through telecommunications, electronic or other information transmission systems in connection with this Agreement or the other Loan Documents or the transactions contemplated hereby or thereby.

Waiver of Consequential Damages, Etc. To the fullest extent permitted by applicable Requirements of Law, no party hereto Loan Party, Lender, Agent, Issuing Bank or Swingline Lender shall assert, and each such party Loan Party, Lender, Agent, Issuing Bank and Swingline Lender hereby waives, and acknowledges that no other Person shall haveany claim against any Indemnitee, any claim Loan Party or any Related Party in respect of any Loan Party, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement, any other Loan Document or any agreement or instrument contemplated hereby, the transactions contemplated hereby or thereby, any Loan or Letter of Credit or the use of the proceeds thereof; provided that provided, that, nothing contained in this clause (d) sentence shall relieve limit the Loan Parties indemnity obligations of any obligation it may have Borrower hereunder to indemnify an Indemnitee to against the extent such special, indirect, consequential or punitive damages asserted against such Indemnitee by a third are included in any third-party claimclaim in connection with which indemnification is provided for hereunder. No Indemnitee Indemnitee, Loan Party or Related Party in respect of any Loan Party shall be liable for any damages arising from the use by unintended recipients of any information or other materials distributed to such unintended recipients by such Indemnitee it through telecommunications, electronic or other information transmission systems in connection with this Agreement or the other Loan Documents or the transactions contemplated hereby or thereby.

Waiver of Consequential Damages, Etc. To the fullest extent permitted by applicable Applicable Law, no party none of the parties hereto shall assert, and each such party hereto hereby waives, and acknowledges that no other Person shall have, any claim against any other party hereto or any other Indemnitee, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement, any other Loan Transaction Document or any agreement or instrument contemplated hereby, the transactions contemplated hereby or thereby, any the Loan or Letter of Credit or the use of the proceeds thereof; provided provided, however, that nothing contained the limitations set forth in this clause (dC) shall relieve the Loan Parties not be applicable with respect to any and all losses, liabilities, claims, damages or expenses (including reasonable fees and expenses of any obligation it may have to indemnify counsel and court costs) suffered by an Indemnitee resulting from damages awarded to against special, indirect, consequential or punitive damages asserted against such Indemnitee by a any third party claimparty. No Indemnitee referred to in clause (A) above shall be liable for any damages arising from the use by unintended recipients of any information or other materials distributed to such unintended recipients by such Indemnitee through telecommunications, electronic or other information transmission systems in connection with this Agreement or the other Loan Transaction Documents or the transactions contemplated hereby or thereby.

Waiver of Consequential Damages, Etc. To the fullest extent permitted by applicable Lawlaw, no party hereto none of the Borrower, any agent nor any Lender shall assert, and each such party hereby waives, and acknowledges that no other Person shall have, any claim against any other party hereto (or any Indemnitee or the Borrower), on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement, any other Loan Document or any agreement or instrument contemplated hereby, the transactions contemplated hereby or thereby, any Loan or Letter of Credit or the use of the proceeds thereof; provided that nothing contained thereof (other than in this clause (d) shall relieve the Loan Parties respect of any obligation it may have to indemnify such damages incurred or paid by an Indemnitee to against special, indirect, consequential or punitive damages asserted against such Indemnitee by a third party claimand to which such Indemnitee is otherwise entitled to indemnification as provided above). No Indemnitee shall be liable for any damages arising from the use by unintended recipients of any information or other materials distributed to such unintended recipients by such Indemnitee it through telecommunications, electronic or other information transmission systems in connection with this Agreement or the other Loan Documents or the transactions contemplated hereby or thereby.

Waiver of Consequential Damages, Etc. To the fullest extent permitted by applicable Lawlaw, but without limiting in any respect the indemnification obligations of any Borrower under clause (b) above, no party hereto shall assert, and each such party hereto hereby waives, and acknowledges that no other Person shall have, any claim against any other party hereto (and with respect to the Borrowers, their respective Subsidiaries also), on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement, any other Loan Document or any agreement or instrument contemplated hereby, the transactions contemplated hereby or thereby, any Loan Revolving Credit Advance or Letter of Credit Credit, or the use of the proceeds thereof; provided provided, however that nothing contained in if an Event of Default under Section 6.01(e) shall have occurred and be continuing, then the waiver made by the Indemnified Parties under this clause (d) shall relieve the Loan Parties immediately terminate, and shall be of any obligation it may have to indemnify an Indemnitee to against special, indirect, consequential no further force or punitive damages asserted against such Indemnitee by a third party claimeffect whatsoever. No Indemnitee Indemnified Party referred to in clause (b) above shall be liable for any damages arising from the use by unintended recipients of any information or other materials distributed to such unintended recipients by such Indemnitee it through telecommunications, electronic or other information transmission systems in connection with this Agreement or the other Loan Documents or the transactions contemplated hereby or thereby.

Waiver of Consequential Damages, Etc. To the fullest extent permitted by applicable Lawlaw, no party hereto shall assert, and each such party hereby waives, and acknowledges that no other Person shall have, any claim against the Borrower and its Affiliates or any Indemnitee, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement, any other Loan Document or any agreement or instrument contemplated hereby, the transactions contemplated hereby or thereby, any Loan or Letter of Credit or the use of the proceeds thereof; provided that nothing contained in this clause (dsuch waiver shall not limit any Loan Party’s reimbursement or indemnification obligations under Sections 10.04(a) shall relieve the Loan Parties of any obligation it may have to indemnify an Indemnitee to against specialor 10.4(b), indirect, consequential or punitive damages asserted against such Indemnitee by a third party claimrespectively. No Indemnitee referred to in subsection (b) above or the Borrower and its Affiliates shall be liable for any damages arising from the use by unintended recipients of any information or other materials distributed to such unintended recipients by such Indemnitee it through telecommunications, electronic or other information transmission systems in connection with this Agreement or the other Loan Documents or the transactions contemplated hereby or thereby, except to the extent such damages result from the gross negligence or willful misconduct of such Indemnitee.

Waiver of Consequential Damages, Etc. To the fullest extent permitted by applicable Lawlaw, no party hereto shall assert, and each such party hereby waives, and acknowledges that no other Person shall have, any claim against the Borrower and its Affiliates or any Indemnitee, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement, any other Loan Document or any agreement or instrument contemplated hereby, the transactions contemplated hereby or thereby, any Loan or Letter of Credit or the use of the proceeds thereof; provided that nothing contained in this clause (dsuch waiver shall not limit any Loan Party’s reimbursement or indemnification obligations under Sections 10.04(a) shall relieve the Loan Parties of any obligation it may have to indemnify an Indemnitee to against specialor 10.4(b), indirect, consequential or punitive damages asserted against such Indemnitee by a third party claimrespectively. No Indemnitee referred to in subsection (b) above or the Borrower and its Affiliates shall be liable for any damages arising from the use by unintended recipients of any information or other materials distributed to such unintended recipients by such Indemnitee it through telecommunications, electronic or other information transmission systems in connection with this Agreement or the other Loan Documents or the transactions contemplated hereby or thereby, except to the extent such damages result from the gross negligence or willful misconduct of such Indemnitee.

Waiver of Consequential Damages, Etc. To the fullest extent permitted by applicable Lawlaw, no party hereto hereunder shall assert, and each such party hereunder hereby waives, and acknowledges that no other Person shall have, any claim against any other party hereunder, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement, any other Loan Transaction Document or any agreement or instrument contemplated hereby, the transactions contemplated hereby or thereby, any Loan or Letter of Credit or the use of the proceeds thereof; provided provided, however, that nothing contained in this clause (d) shall relieve the Loan Parties obligation of any obligation it may have the Borrower to indemnify an Indemnitee to against special, indirect, consequential or punitive damages asserted against such Indemnitee the Indemnitees as otherwise set forth herein arising from claims brought by a third party claimparties shall not be limited by the foregoing. No Indemnitee referred to in clause (b) above shall be liable for any damages arising from the use by unintended recipients of any information or other materials distributed to such unintended recipients by such Indemnitee it through telecommunications, electronic or other information transmission systems in connection with this Agreement or the other Loan Transaction Documents or the transactions contemplated hereby or thereby; provided, however, that such use was not due to the gross negligence, willful misconduct or breach in bad faith by an Indemnitee referred to in clause (b) above.

Waiver of Consequential Damages, Etc. To the fullest extent permitted by applicable Lawlaw, no party hereto shall assert, and each such party hereto hereby waives, and acknowledges that no other Person shall have, any claim against any Indemnitee, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement, any other Loan Document or any agreement or instrument contemplated hereby, the transactions contemplated hereby or thereby, any Loan or Letter of Credit Credit, or the use of the proceeds thereof; provided that nothing contained in this sentence shall limit any Loan Party's indemnification obligations to the extent set forth in clause (da) shall relieve above to the Loan Parties of any obligation it may have to indemnify an Indemnitee to against extent such special, indirect, consequential or punitive damages asserted against such Indemnitee by a are included in any third party claimclaim in connection with which such indemnified person is otherwise entitled to indemnification hereunder. No Indemnitee referred to in paragraph (a) above shall be liable for any damages arising from the use by unintended recipients of any information or other materials distributed to such unintended recipients by such Indemnitee it through telecommunications, electronic or other information transmission systems in connection with this Agreement or the other Loan Documents or the transactions contemplated hereby or thereby.

Waiver of Consequential Damages, Etc. To the fullest extent permitted by applicable Law, no party hereto shall assert, and each such party hereto hereby waives, waives and acknowledges that no other Person shall have, any claim against any Indemnitee or any other party hereto, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement, any other Loan Document or any agreement or instrument contemplated hereby, the transactions contemplated hereby or thereby, any Loan or Letter of Credit or the use of the proceeds thereof; provided that nothing contained provided, that, the foregoing shall in this clause (dno event limit the Borrowers’ indemnification obligations under Section 11.04(b) shall relieve to the Loan Parties of any obligation it may have to indemnify an Indemnitee to against extent such special, indirect, consequential or punitive damages asserted against are included in any third-party claim in connection with which such Indemnitee by a third party claimis otherwise entitled to indemnification hereunder. No Indemnitee referred to in Section 11.04(b) or any other party hereto shall be liable for any damages arising from the use by unintended recipients of any information or other materials distributed to such unintended recipients by such Indemnitee or other party hereto through telecommunications, electronic or other information transmission systems in connection with this Agreement or the other Loan Documents or the transactions contemplated hereby or thereby.

Waiver of Consequential Damages, Etc. To the fullest extent permitted by applicable Law, no party hereto shall assert, and each such party hereto hereby waives, waives and acknowledges that no other Person shall have, any claim against any Indemnitee or any other party hereto, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement, any other Loan Document or any agreement or instrument contemplated hereby, the transactions contemplated hereby or thereby, any Loan or Letter of Credit or the use of the proceeds thereof; provided that nothing contained provided, that, the foregoing shall in this clause (dno event limit the Borrower’ indemnification obligations under Section 11.04(b) shall relieve to the Loan Parties of any obligation it may have to indemnify an Indemnitee to against extent such special, indirect, consequential or punitive damages asserted against are included in any third-party claim in connection with which such Indemnitee by a third party claimis otherwise entitled to indemnification hereunder. No Indemnitee referred to in Section 11.04(b) or any other party hereto shall be liable for any damages arising from the use by unintended recipients of any information or other materials distributed to such unintended recipients by such Indemnitee or other party hereto through telecommunications, electronic or other information transmission systems in connection with this Agreement or the other Loan Documents or the transactions contemplated hereby or thereby.

Waiver of Consequential Damages, Etc. To the fullest extent permitted by applicable Applicable Law, no party (and no Indemnitee) hereto shall assert, and each such party hereto (and each Indemnitee) hereby waives, and acknowledges that no other Person shall have, any claim against any other party hereto on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement, any other Loan Document or any agreement or instrument contemplated hereby, the transactions contemplated hereby or thereby, any Loan or Letter of Credit or the use of the proceeds thereof; , provided that nothing contained in this clause (d) shall relieve will limit the Loan Parties of any obligation it may have Borrower’s indemnification obligations set forth herein to indemnify an Indemnitee to against the extent such special, indirect, consequential or punitive damages asserted against such Indemnitee by a are included in any third party claimclaim with respect to which the applicable Indemnitee is entitled to indemnification under clause b above. No Indemnitee referred to in clause (b) above shall be liable for any damages arising from the use by unintended recipients of any information or other materials distributed to such unintended recipients by such Indemnitee through telecommunications, electronic or other information transmission systems in connection with this Agreement or the other Loan Documents or the transactions contemplated hereby or thereby.

Waiver of Consequential Damages, Etc. To the fullest extent permitted by applicable Applicable Law, no party hereto none of the parties to this Credit Agreement shall assert, and each such party hereby waives, and acknowledges that no other Person shall have, any claim against any each other party to this Credit Agreement, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Credit Agreement, any other Loan Document or any agreement or instrument contemplated hereby, the transactions contemplated hereby or thereby, any Loan or Letter of Credit or the use of the proceeds thereof; provided that nothing contained in this clause (dSection 12.5(d) shall relieve the Loan Parties be deemed to waive or otherwise limit or impair any Indemnitee’s right to assert, enforce and collect a claim of any obligation it may have to indemnify an Indemnitee to against special, indirect, consequential or punitive damages asserted against such Indemnitee by a third party claimindemnification under Section 12.5(b). No Indemnitee referred to in Section 12.5(b) above shall be liable for any damages arising from the use by unintended recipients of any information or other materials distributed to such unintended recipients by such Indemnitee it through telecommunications, electronic or other information transmission systems in connection with this Credit Agreement or the other Loan Documents or the transactions contemplated hereby or therebythereby except to the extent such damages result from fraud, the gross negligence, bad faith, willful misconduct, or breach in bad faith of the Loan Documents, of such Indemnitee.

Waiver of Consequential Damages, Etc. To the fullest extent permitted by applicable Lawlaw, no party hereto shall assert, and each such party hereto hereby waives, and acknowledges that no other Person shall have, any claim against any Indemnitee, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement, any other Loan Document or any agreement or instrument contemplated hereby, the transactions contemplated hereby or thereby, any Loan or Letter of Credit Credit, or the use of the proceeds thereof; provided that nothing contained in this sentence shall limit any Loan Party’s indemnification obligations to the extent set forth in clause (da) shall relieve above to the Loan Parties of any obligation it may have to indemnify an Indemnitee to against extent such special, indirect, consequential or punitive damages asserted against such Indemnitee by a are included in any third party claimclaim in connection with which such indemnified person is otherwise entitled to indemnification hereunder. No Indemnitee referred to in paragraph (a) above shall be liable for any damages arising from the use by unintended recipients of any information or other materials distributed to such unintended recipients by such Indemnitee it through telecommunications, electronic or other information transmission systems in connection with this Agreement or the other Loan Documents or the transactions contemplated hereby or thereby.

Waiver of Consequential Damages, Etc. To the fullest extent permitted by applicable Law, no party hereto shall assert, and each such party hereto hereby waives, and acknowledges that no other Person shall have, any claim against any Indemnitee, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement, any other Loan Document or any agreement or instrument contemplated hereby, the transactions contemplated hereby or thereby, any Loan or Letter of Credit or the use of the proceeds thereof; provided provided, however, that nothing contained the Borrowers’ indemnity and contribution obligations, as set forth in this clause (d) shall relieve the Loan Parties Section, will apply in respect of any obligation it may have to indemnify an Indemnitee to against special, indirect, consequential or punitive damages asserted that may be awarded against such any Indemnitee in connection with a claim by a third party claimparty. No Indemnitee referred to in Section 10.3.2 [Indemnification by Borrowers] shall be liable for any damages arising from the use by unintended recipients of any information or other materials distributed to such unintended recipients by such Indemnitee it through telecommunications, electronic or other information transmission systems in connection with this Agreement or the other Loan Documents or the transactions contemplated hereby or thereby.

Waiver of Consequential Damages, Etc. To the fullest extent permitted by applicable Law, no No party hereto shall assert, and each such party hereby waives, and acknowledges that no any liabilities (whether direct or indirect, in contract, tort or otherwise) against any other Person shall haveparty hereto, any claim on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement, any other Loan Document Document, or any agreement or instrument contemplated hereby, the transactions contemplated hereby or thereby, the Transactions, any Loan or Letter of Credit or the use of the proceeds thereof; provided that nothing contained in this clause (dsentence shall limit the Borrowers’ indemnification obligations under Section 10.04(b) shall relieve to the Loan Parties of any obligation it may have to indemnify extent such indirect, special, punitive or consequential damages are included in a claim against an Indemnitee to against special, indirect, consequential or punitive damages asserted against for which such Indemnitee by a third party claimis entitled to indemnification under Section 10.04(b). No Notwithstanding any other provision of this Agreement, no Indemnitee shall be liable for any damages arising from the use by unintended recipients others of any information or other materials distributed to such unintended recipients by such Indemnitee obtained through telecommunications, electronic telecommunications or other information transmission systems in connection systems, including the Platform, other than for direct or actual damages resulting from the gross negligence, bad faith or willful misconduct of such Indemnitee or any Related Indemnified Party with this Agreement or the other Loan Documents or the transactions contemplated hereby or therebyrespect to its performance of services hereunder as determined by a final and non-appealable judgment of a court of competent jurisdiction.

Waiver of Consequential Damages, Etc. To the fullest extent permitted by applicable Applicable Law, no party hereto the Borrower shall not assert, and each such party hereby waives, and acknowledges that no other Person shall have, any claim against any Indemnitee, and in no event shall any Indemnitee be liable, on any theory of liability, for loss of profits, goodwill, reputation, business opportunity or for indirect, special, indirectpunitive, consequential or punitive exemplary damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement, any other Loan Document or any agreement or instrument contemplated herebyhereby or thereby, the transactions contemplated hereby or thereby, any Loan or Letter of Credit Credit, or the use of the proceeds thereof; provided that nothing contained in this clause (d) shall relieve , whether or not the Loan Parties Indemnitee has been advised of any obligation it may have to indemnify an Indemnitee to against special, indirect, consequential or punitive damages asserted against such Indemnitee by a third party claimthe possibility of damages. No Indemnitee referred to in clause (b) above shall be liable for any damages arising from the use by unintended recipients of any information or other materials distributed to such unintended recipients by such Indemnitee it through telecommunications, electronic or other information transmission systems in connection with this Agreement or the other Loan Documents or the transactions contemplated hereby or thereby.

Waiver of Consequential Damages, Etc. To the fullest extent permitted by applicable Applicable Law, no party hereto the Borrower shall not, and shall not permit any Subsidiary to, assert, and each such party hereby waives, and acknowledges that no other Person shall have, any claim against any Indemnitee, on any theory of liability, for indirect, special, indirectconsequential, consequential punitive, aggravated or punitive exemplary damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement, any other Loan Document or any agreement or instrument contemplated herebyhereby (or any breach thereof), the transactions contemplated hereby or thereby, any Loan or Letter of Credit or the use of the proceeds thereof; provided that that, nothing contained in this clause paragraph (d) shall relieve the Loan Parties Borrower of any obligation it may have to indemnify an Indemnitee to against special, indirect, consequential or punitive damages asserted against such Indemnitee by a third party claimparty. No Indemnitee shall be liable for any damages arising from the use by unintended recipients of any information or other materials distributed to such unintended recipients by such Indemnitee it through telecommunications, electronic or other information transmission systems in connection with this Agreement or the other Loan Documents or the transactions contemplated hereby or thereby, provided that the Indemnitee has used its usual and customary practices to avoid such use.

Waiver of Consequential Damages, Etc. To the fullest extent permitted by applicable Lawlaw, no party hereto hereunder shall assert, and each such party hereunder hereby waives, and acknowledges that no other Person shall have, any claim against any other party hereunder, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement, any other Loan Transaction Document or any agreement or instrument contemplated hereby, the transactions contemplated hereby or thereby, any Loan or Letter of Credit or the use of the proceeds thereof; provided however that nothing contained in this clause (d) shall relieve the Loan Parties obligation of any obligation it may have the Borrower to indemnify an Indemnitee to against special, indirect, consequential or punitive damages asserted against such Indemnitee the Indemnitees as otherwise set forth herein arising from claims brought by a third party claimparties shall not be limited by the foregoing. No Indemnitee referred to in clause (b) above shall be liable for any damages arising from the use by unintended recipients of any information or other materials distributed to such unintended recipients by such Indemnitee it through telecommunications, electronic or other information transmission systems in connection with this Agreement or the other Loan Documents or the transactions contemplated hereby or thereby; provided, however, that such use was not due to the gross negligence, willful misconduct or breach in bad faith by an Indemnitee referred to in clause (b) above.

Waiver of Consequential Damages, Etc. To the fullest extent permitted by applicable Applicable Law, no party hereto the Principal Borrower shall not, and shall not permit any other Obligor to, assert, and each such party hereby waives, and acknowledges that no other Person shall have, any claim against any Indemnitee, on any theory of liability, for indirect, special, indirectconsequential, consequential punitive, aggravated or punitive exemplary damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement, any other Loan Document or any agreement or instrument contemplated herebyhereby (or any breach thereof), the transactions contemplated hereby or thereby, any Loan or Letter of Credit or the use of the proceeds thereof; provided that that, nothing contained in this clause paragraph (d) shall relieve the Loan Parties any Borrower of any obligation it may have to indemnify an Indemnitee to against special, indirect, consequential or punitive damages asserted against such Indemnitee by a third party claimparty. No Indemnitee shall be liable for any damages arising from the use by unintended recipients of any information or other materials distributed to such unintended recipients by such Indemnitee it through telecommunications, electronic or other information transmission systems in connection with this Agreement or the other Loan Documents or the transactions contemplated hereby or thereby, provided that the Indemnitee has used its usual and customary practices to avoid such use.

Waiver of Consequential Damages, Etc. To the fullest extent permitted by applicable Lawlaw, no party hereto shall assert, and each such party hereby waives, and acknowledges that no other Person shall have, any claim against any other party hereto, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement, any other Loan Document or any agreement or instrument contemplated hereby, the transactions contemplated hereby or thereby, any Loan or Letter of Credit Credit, or the use of the proceeds thereof; thereof (provided that that, nothing contained in this clause (d) shall relieve the Loan Parties Borrower of any obligation it may have to indemnify an Indemnitee to Indemnitee, as provided in under clause (b) of this Section, against any special, indirect, consequential or punitive damages asserted against such Indemnitee by a third party claimparty). No Indemnitee shall be liable for any damages arising from the use by unintended recipients of any information or other materials distributed to such unintended recipients by such Indemnitee it through telecommunications, electronic or other information transmission systems in connection with this Agreement or the other Loan Documents or the transactions contemplated hereby or thereby.

Waiver of Consequential Damages, Etc. To the fullest extent permitted by applicable Lawlaw, no party hereto to this Agreement shall assert, and each such party hereby waives, and acknowledges that no other Person shall have, any claim against any other party, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement, any other Loan Document or any agreement or instrument contemplated hereby, the transactions contemplated hereby or thereby, any Loan or Letter of Credit or the use of the proceeds thereof; provided that nothing contained in this clause subsection (d) shall relieve the Loan Parties Company of any obligation it may have to indemnify an Indemnitee to against special, indirect, consequential or punitive damages asserted against such Indemnitee by a third party claimparty. No Indemnitee party to this Agreement referred to in subsection (b) above shall be liable for any damages arising from the use by unintended recipients of any information or other materials distributed to such unintended recipients by such Indemnitee party through telecommunications, electronic or other information transmission systems in connection with this Agreement or the other Loan Documents or the transactions contemplated hereby or thereby.

Waiver of Consequential Damages, Etc. To the fullest extent permitted by applicable Law, no party hereto shall assert, and each such party hereby waives, and acknowledges that no other Person shall have, any claim on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement, any other Loan Document or any agreement or instrument contemplated hereby, the transactions contemplated hereby or thereby, any Loan or Letter of Credit or the use of the proceeds thereof; provided that nothing contained in this clause (d) shall relieve the Loan Parties any Borrower of any obligation it may have to indemnify an Indemnitee to against special, indirect, consequential or punitive damages asserted against such Indemnitee by a third party claim. No Indemnitee shall be liable for any damages arising from the use by unintended recipients of any information or other materials distributed to such unintended recipients by such Indemnitee through telecommunications, electronic or other information transmission systems in connection with this Agreement or the other Loan Documents or the transactions contemplated hereby or thereby.

Waiver of Consequential Damages, Etc. To the fullest extent permitted by applicable Applicable Law, no party hereto the Borrower shall not, and shall not permit any other Obligor to, assert, and each such party hereby waives, and acknowledges that no other Person shall have, any claim against any Indemnitee, on any theory of liability, for indirect, special, indirectconsequential, consequential punitive, aggravated or punitive exemplary damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement, any other Loan Document or any agreement or instrument contemplated herebyhereby (or any breach thereof), the transactions contemplated hereby or thereby, any Loan or Letter of Credit or the use of the proceeds thereof; provided that that, nothing contained in this clause paragraph (d) shall relieve the Loan Parties Borrower of any obligation it may have to indemnify an Indemnitee to against special, indirect, consequential or punitive damages asserted against such Indemnitee by a third party claimparty. No Indemnitee shall be liable for any damages arising from the use by unintended recipients of any information or other materials distributed to such unintended recipients by such Indemnitee it through telecommunications, electronic or other information transmission systems in connection with this Agreement or the other Loan Documents or the transactions contemplated hereby or thereby, provided that the Indemnitee has used its usual and customary practices to avoid such use.

Waiver of Consequential Damages, Etc. To the fullest extent permitted by applicable Applicable Law, no party hereto shall assert, and each such party hereby waives, and acknowledges that no other Person shall have, any claim against any other party hereto, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement, any other Loan Document or any agreement or instrument contemplated hereby, the transactions contemplated hereby or thereby, any Loan or Letter of Credit Loan, or the use of the proceeds thereof; provided that that, nothing contained in this clause (dSection 9.3(c) shall relieve the Loan Parties of any obligation it may have to indemnify an Indemnitee to Indemnitee, as provided in Section 9.3(b), against any special, indirect, consequential or punitive damages asserted against such Indemnitee by a third party claimparty. No Indemnitee shall be liable for any damages arising from the use by unintended recipients of any information or other materials distributed to such unintended recipients by such Indemnitee it through telecommunications, electronic or other information transmission systems in connection with this Agreement or the other Loan Documents or the transactions contemplated hereby or thereby.

Waiver of Consequential Damages, Etc. To the fullest extent permitted by applicable Applicable Law, no party hereto shall assert, and each such party hereto hereby waives, and acknowledges that no other Person shall have, any claim against any other party hereto, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement, any other Loan Document or any agreement or instrument contemplated hereby, the transactions contemplated hereby or thereby, any Loan or Letter of Credit or the use of the proceeds thereof; provided that nothing contained in this clause (d) sentence shall relieve limit any of the Loan Parties of Borrower’s indemnity and reimbursement obligations to any obligation it may have to indemnify an Indemnitee to against special, indirect, consequential or punitive damages asserted against the extent such Indemnitee by a is entitled to indemnification with respect to third party claimclaims. No Indemnitee referred to in paragraph (b) above shall be liable for any damages arising from the use by unintended recipients of any information or other materials distributed to such unintended recipients by such Indemnitee through telecommunications, electronic or other information transmission systems in connection with this Agreement or the other Loan Documents or the transactions contemplated hereby or thereby, other than for direct or actual damages resulting from the gross negligence or willful misconduct of such Indemnitee as determined by a final and nonappealable judgment of a court of competent jurisdiction.

Waiver of Consequential Damages, Etc. To the fullest extent permitted by applicable Lawlaw, no party hereto to this Agreement shall assert, and each such party to this Agreement hereby waives, and acknowledges that no other Person shall have, any claim against any other party to this Agreement, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement, any other Loan Document Agreement or any agreement or instrument contemplated hereby, the transactions contemplated hereby or thereby, any Loan or Letter of Credit Advance, or the use of the proceeds thereof; provided that nothing contained in this clause (d) shall relieve the Loan Parties Borrower of any obligation it may have to indemnify an Indemnitee to against special, indirect, consequential or punitive damages asserted against such Indemnitee by a third party claimparty. No Indemnitee referred to in paragraph (b) above shall be liable for any damages arising from the use by unintended recipients of any information or other materials distributed to such unintended recipients by such Indemnitee it through telecommunications, electronic or other information transmission systems in connection with this Agreement or the other Loan Documents or the transactions contemplated hereby or thereby.

Waiver of Consequential Damages, Etc. To the fullest extent permitted by applicable Applicable Law, no party hereto shall assert, and each such party hereto hereby waives, and acknowledges that no other Person shall have, any claim against any other party hereto, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Credit Agreement, any other Loan Document or any agreement or instrument contemplated hereby, the transactions contemplated hereby or thereby, any Loan or Letter of Credit or the use of the proceeds thereof; provided that that, nothing contained in this clause paragraph (d) shall relieve the Loan Parties any Borrower of any obligation it may have to indemnify an Indemnitee to against special, indirect, consequential or punitive damages asserted against such Indemnitee by a third party claimparty. No Indemnitee referred to in clause (b) above shall be liable for any damages arising from the use by unintended recipients of any information or other materials distributed to such unintended recipients by such Indemnitee it through telecommunications, electronic or other information transmission systems in connection with this Credit Agreement or the other Loan Documents or the transactions contemplated hereby or thereby, except to the extent such damages are determined to have resulted from the gross negligence, bad faith or willful misconduct of such Indemnitee, as determined by a court of competent jurisdiction in a final and non-appealable judgment.

Waiver of Consequential Damages, Etc. To the fullest extent permitted by applicable Lawlaw, no party hereto shall assert, and each such party hereby waives, and acknowledges that no other Person shall have, any claim against any other party on any theory of liability, for special, indirect, consequential (including, without limitation, any lost profits, business or anticipated savings) or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement, any other Loan Credit Document or any agreement or instrument contemplated hereby, the transactions contemplated hereby or thereby, any Loan or Letter of Credit or the use of the proceeds thereof; provided that nothing contained in this clause (d) sentence shall relieve limit the Loan Parties of any obligation it may have Credit Parties’ indemnification obligations pursuant to indemnify an Indemnitee Section 10.03 to against the extent set forth therein to the extent such special, indirect, consequential or punitive damages asserted against are included in any third party claim in connection with which such Indemnitee by a third party claimis entitled to indemnification hereunder. No Indemnitee party hereto shall be liable for any damages arising from the use by unintended recipients of any information or other materials distributed to such unintended recipients by such Indemnitee it through telecommunications, electronic or other information transmission systems in connection with this Agreement or the other Loan Credit Documents or the transactions contemplated hereby or thereby.

Waiver of Consequential Damages, Etc. To the fullest extent permitted by applicable Applicable Law, no party none of the parties hereto shall assert, and each such party hereto hereby waives, and acknowledges that no other Person shall have, any claim against any other party hereto or any other Indemnitee, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement, any other Loan Transaction Document or any agreement or instrument contemplated hereby, the transactions contemplated hereby or thereby, any Loan or Letter of Credit Advance or the use of the proceeds thereof; provided provided, however, that nothing contained the limitations set forth in this clause (dC) shall relieve the Loan Parties not be applicable with respect to any and all losses, liabilities, claims, damages or expenses (including reasonable fees and expenses of any obligation it may have to indemnify counsel and court costs) suffered by an Indemnitee resulting from damages awarded to against special, indirect, consequential or punitive damages asserted against such Indemnitee by a any third party claimparty. No Indemnitee referred to in clause (A) above shall be liable for any damages arising from the use by unintended recipients of any information or other materials distributed to such unintended recipients by such Indemnitee through telecommunications, electronic or other information transmission systems in connection with this Agreement or the other Loan Transaction Documents or the transactions contemplated hereby or thereby.

Waiver of Consequential Damages, Etc. To the fullest extent permitted by applicable Law, no party hereto shall assert, and each such party hereto hereby waives, waives and acknowledges that no other Person shall have, any claim against any Indemnitee or any other party hereto, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement, any other Loan Document or any agreement or instrument contemplated hereby, the transactions contemplated hereby or thereby, any Loan or Letter of Credit or the use of the proceeds thereof; provided that nothing contained provided, that, the foregoing shall in this clause (dno event limit the Borrower’s indemnification obligations under Section 10.04(b) shall relieve to the Loan Parties of any obligation it may have to indemnify an Indemnitee to against extent such special, indirect, consequential or punitive damages asserted against are included in any third-party claim in connection with which such Indemnitee by a third party claimis otherwise entitled to indemnification hereunder. No Indemnitee referred to in Section 10.04(b) or any other party hereto shall be liable for any damages arising from the use by unintended recipients of any information or other materials distributed to such unintended recipients by such Indemnitee or other party hereto through telecommunications, electronic or other information transmission systems in connection with this Agreement or the other Loan Documents or the transactions contemplated hereby or thereby.

Waiver of Consequential Damages, Etc. To the fullest extent permitted by applicable Lawlaw, no party none of the parties hereto or any Indemnitee shall assert, and each such party of them hereby waives, and acknowledges that no other Person shall have, any claim against any other Person, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement, any other Loan Credit Document or any agreement or instrument contemplated hereby, the transactions contemplated hereby or therebyTransactions, any Loan or Letter of Credit or the use of the proceeds thereof; provided provided, that nothing contained in this clause (d) such waiver shall relieve the Loan Parties not apply to any parties or any Indemnitee's right to indemnification hereunder for losses, claims, penalties, damages, liabilities and related expenses incurred by any party or Indemnitee as a result of a claim by any obligation it may have to indemnify an Indemnitee to against special, indirect, consequential or punitive damages asserted against such Indemnitee by a third party claimparty. No Indemnitee referred to in paragraph (b) above shall be liable for any damages arising from the use by unintended recipients of any information or other materials distributed to such unintended recipients by such Indemnitee it through telecommunications, electronic or other information transmission systems in connection with this Agreement or the other Loan Credit Documents or the transactions contemplated hereby or therebyTransactions.

Waiver of Consequential Damages, Etc. To the fullest extent permitted by applicable Lawlaw, no party hereto Loan Party or Indemnitee shall assert, and each such party Loan Party and Indemnitee hereby waives, and acknowledges that no other Person shall have, any claim against any Indemnitee or Loan Party, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement, any other Loan Document or any agreement or instrument contemplated hereby, the transactions contemplated hereby or thereby, any Loan or Letter of Credit or the use of the proceeds thereof; provided it being understood that nothing contained in this clause (d) shall relieve the sentence does not limit a Loan Parties of any obligation it may have Party’s indemnification obligations with respect to indemnify such damages owed to by an Indemnitee to against special, indirect, consequential or punitive damages asserted against such Indemnitee by a third party claimparty. No Indemnitee referred to in subsection (b) above shall be liable for any damages arising from the use by unintended recipients of any information or other materials distributed to such unintended recipients by such Indemnitee it through telecommunications, electronic or other information transmission systems in connection with this Agreement or the other Loan Documents or the transactions contemplated hereby or therebythereby unless such damages were caused by such Indemnitee’s gross negligence or willful misconduct.

Waiver of Consequential Damages, Etc. To the fullest extent permitted by applicable Lawlaw, no party none of the parties hereto or any Indemnitee shall assert, and each such party of them hereby waives, and acknowledges that no other Person shall have, any claim against any other Person, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement, any other Loan Credit Document or any agreement or instrument contemplated hereby, the transactions contemplated hereby or therebyTransactions, any Loan or Letter of Credit or the use of the proceeds thereof; provided provided, that nothing contained in this clause (d) such waiver shall relieve the Loan Parties not apply to any parties or any Indemnitee’s right to indemnification hereunder for losses, claims, penalties, damages, liabilities and related expenses incurred by any party or Indemnitee as a result of a claim by any obligation it may have to indemnify an Indemnitee to against special, indirect, consequential or punitive damages asserted against such Indemnitee by a third party claimparty. No Indemnitee referred to in paragraph (b) above shall be liable for any damages arising from the use by unintended recipients of any information or other materials distributed to such unintended recipients by such Indemnitee it through telecommunications, electronic or other information transmission systems in connection with this Agreement or the other Loan Credit Documents or the transactions contemplated hereby or therebyTransactions.

Waiver of Consequential Damages, Etc. To the fullest extent permitted by applicable Applicable Law, no each party hereto agrees that it shall not assert, and each such party hereby waives, and acknowledges that no other Person shall have, any claim against any other party hereto, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement, any other Loan Document or any agreement or instrument contemplated hereby, the transactions contemplated hereby or thereby, any Loan or Letter of Credit or the use of the proceeds thereof.; provided provided, however, that nothing contained in the preceding sentence shall limit any Borrower’s indemnity and reimbursement obligations under this clause (d) shall relieve Section 13.3 to the Loan Parties of any obligation it may have to indemnify an Indemnitee to against extent special, indirect, consequential or punitive damages asserted against such Indemnitee by a are included in any third party claimclaim with respect to which the applicable Indemnitee is entitled to indemnification under this Section 13.3. No Indemnitee referred to in clause (b) above shall be liable for any damages arising from the use by unintended recipients of any information or other materials distributed to such unintended recipients by such Indemnitee it through telecommunications, electronic or other information transmission systems in connection with this Agreement or the other Loan Documents or the transactions contemplated hereby or thereby.

Waiver of Consequential Damages, Etc. To the fullest extent permitted by applicable Law, no party hereto shall assert, and each such party hereto hereby waives, and acknowledges that no other Person shall have, any claim against any other Person, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement, any other Loan Document or any agreement or instrument contemplated hereby, the transactions contemplated hereby or thereby, any Revolving Loan or Letter of Credit or the use of the proceeds thereof; provided that nothing contained provided, that, the foregoing shall in this clause (d) shall relieve no event limit the Loan Parties of any obligation it may have Parties’ indemnification obligations under Section 10.04(b) to indemnify an Indemnitee to against the extent such special, indirect, consequential or punitive damages asserted against are included in any third-party claim in connection with which such Indemnitee by a third party claimis otherwise entitled to indemnification hereunder. No Indemnitee shall be liable for any damages arising from the use by unintended recipients of any information or other materials distributed to such unintended recipients by such Indemnitee through telecommunications, electronic or other information transmission systems in connection with this Agreement or the other Loan Documents or the transactions contemplated hereby or thereby.

Waiver of Consequential Damages, Etc. To the fullest extent permitted by applicable Lawlaw, no party hereto hereunder shall assert, and each such party hereunder hereby waives, and acknowledges that no other Person shall have, any claim against any other party hereunder, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement, any other Loan Transaction Document or any agreement or instrument contemplated hereby, the transactions contemplated hereby or thereby, any Loan or Letter of Credit or the use of the proceeds thereof; provided however that nothing contained in this clause (d) shall relieve the Loan Parties obligation of any obligation it may have Borrower to indemnify an Indemnitee to against special, indirect, consequential or punitive damages asserted against such Indemnitee the Indemnitees as otherwise set forth herein arising from claims brought by a third party claimparties shall not be limited by the foregoing. No Indemnitee referred to in clause (b) above shall be liable for any damages arising from the use by unintended recipients of any information or other materials distributed to such unintended recipients by such Indemnitee it through telecommunications, electronic or other information transmission systems in connection with this Agreement or the other Loan Transaction Documents or the transactions contemplated hereby or thereby; provided, however, that such use was not due to the gross negligence, willful misconduct or breach in bad faith by an Indemnitee referred to in clause (b) above.

Waiver of Consequential Damages, Etc. To the fullest extent permitted by applicable Law, no each party hereto and each Indemnitee shall not assert, and each such party hereby waives, and acknowledges that no other Person shall have, any claim against any Indemnitee, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement, any other Loan Document or any agreement or instrument contemplated hereby, the transactions contemplated hereby or thereby, any Loan or Letter of Credit or the use of the proceeds thereof; provided that nothing contained in this clause (dprovision shall not limit the Borrower’s indemnity obligations under Section 11.3(b) shall relieve the Loan Parties of any obligation it may have to indemnify an Indemnitee to against special, indirect, consequential or punitive damages for claims asserted against such any Indemnitee by a any third party claimparty. No Indemnitee referred to in Section 11.3(b) [Indemnification by Borrower] shall be liable for any damages arising from the use by unintended recipients of any information or other materials distributed to such unintended recipients by such Indemnitee it through telecommunications, electronic or other information transmission systems in connection with this Agreement or the other Loan Documents or the transactions contemplated hereby or thereby, except to the extent such damages are determined by a court of competent jurisdiction by final and nonappealable judgment to have resulted from the gross negligence or willful misconduct of such Indemnitee.

Waiver of Consequential Damages, Etc. To the fullest extent permitted by applicable Applicable Law, no party hereto to this Agreement shall assert, and each such party hereby waives, and acknowledges that no other Person shall have, any claim against any other party to this Agreement, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement, any other Loan Document or any agreement or instrument contemplated hereby, the transactions contemplated hereby or thereby, any Loan or Letter of Credit or the use of the proceeds thereof; provided that nothing contained the foregoing limitation shall not be deemed to impair or affect the indemnification obligations of the Borrower under the Loan Documents. Provided that such distribution of information or other materials is made in compliance with the applicable provisions of this Agreement, no Indemnitee referred to in clause (db) shall relieve the Loan Parties of any obligation it may have to indemnify an Indemnitee to against special, indirect, consequential or punitive damages asserted against such Indemnitee by a third party claim. No Indemnitee above shall be liable for any damages arising from the use by unintended recipients of any information or other materials distributed to such unintended recipients by such Indemnitee it through telecommunications, electronic or other information transmission systems in connection with this Agreement or the other Loan Documents or the transactions contemplated hereby or thereby.

Waiver of Consequential Damages, Etc. To the fullest extent permitted by applicable Lawlaw, no party hereto to this Agreement shall assert, and each such party hereby waives, and acknowledges that no other Person shall have, any claim against any other party, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement, any other Loan Document or any agreement or instrument contemplated hereby, the transactions contemplated hereby or thereby, any Loan or Letter of Credit or the use of the proceeds thereof; provided that nothing contained in this clause subsection (d) shall relieve the Loan Parties Company of any obligation it may have to indemnify an Indemnitee to against special, indirect, consequential or punitive damages asserted against such Indemnitee by a third party claimparty. No Indemnitee party to this Agreement referred to in subsection (b) above shall be liable for any damages arising from the use by unintended recipients of any information or other materials distributed to such unintended recipients by such Indemnitee party through telecommunications, electronic or other information transmission systems in connection with this Agreement or the other Loan Documents or the transactions contemplated hereby or thereby.

Waiver of Consequential Damages, Etc. To the fullest extent permitted by applicable Law, no party hereto shall assert, and each such party hereby waives, and acknowledges that no other Person shall have, any claim on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement, any other Loan Document or any agreement or instrument contemplated hereby, the transactions contemplated hereby or thereby, any Loan or Letter of Credit or the use of the proceeds thereof; provided that nothing contained in this clause (d) shall relieve the Loan Parties Borrower of any obligation it may have to indemnify an Indemnitee to against special, indirect, consequential or punitive damages asserted against such Indemnitee by a third party claim. No Indemnitee shall be liable for any damages arising from the use by unintended recipients of any information or other materials distributed to such unintended recipients by such Indemnitee through telecommunications, electronic or other information transmission systems in connection with this Agreement or the other Loan Documents or the transactions contemplated hereby or thereby.

Waiver of Consequential Damages, Etc. To the fullest extent permitted by applicable Law1applicable law, no party hereto shall assert, and each such party hereby waives, and acknowledges that no other Person shall have, any claim against any other party hereto, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement, any other Loan Document or any agreement or instrument contemplated hereby, the transactions contemplated hereby or thereby, any Loan or Letter of Credit Credit, or the use of the proceeds thereof; thereof (provided that that, nothing contained in this clause (d) shall relieve the Loan Parties Borrower of any obligation it may have to indemnify an Indemnitee to Indemnitee, as provided in under clause (b) of this Section, against any special, indirect, consequential or punitive damages asserted against such Indemnitee by a third party claimparty). No Indemnitee shall be liable for any damages arising from the use by unintended recipients of any information or other materials distributed to such unintended recipients by such Indemnitee it through telecommunications, electronic or other information transmission systems in connection with this Agreement or the other Loan Documents or the transactions contemplated hereby or thereby.

Waiver of Consequential Damages, Etc. To the fullest extent permitted by applicable Lawlaw, no party none of the parties hereto shall assert, and each such party of the parties hereto hereby waives, and acknowledges that no other Person shall have, any claim against any other party hereto, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement, any other Loan Credit Document or any agreement or instrument contemplated hereby, the transactions contemplated hereby or therebyTransactions, any Loan or Letter of Credit or the use of the proceeds thereof; provided provided, however, that nothing contained the Credit Parties’ indemnity and contribution obligations, as set forth in this clause (d) shall relieve the Loan Parties Section will apply in respect of any obligation it may have to indemnify an Indemnitee to against special, indirect, consequential or punitive damages asserted that may be awarded against such any Indemnitee in connection with a claim by a third party claimunaffiliated with such Indemnitee. No Indemnitee referred to in paragraph (b) above shall be liable for any damages arising from the use by unintended recipients of any information or other materials distributed to such unintended recipients by such Indemnitee it through telecommunications, electronic or other information transmission systems in connection with this Agreement or the other Loan Documents or the transactions contemplated hereby or thereby.information

Waiver of Consequential Damages, Etc. To the fullest extent permitted by applicable Law, no party none of the parties hereto shall assert, and each such party hereto hereby waives, and acknowledges that no other Person shall have, any claim against any other party hereto or any Indemnitee, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement, any other Loan Document or any agreement or instrument contemplated hereby, the transactions contemplated hereby or thereby, any Loan or Letter of Credit or the use of the proceeds thereof; provided that nothing contained in this clause (d) sentence shall relieve limit the Loan Parties of any obligation it may have Parties’ indemnity obligations to indemnify an Indemnitee to against special, indirect, consequential or punitive damages asserted against such Indemnitee by a third party claimthe extent set forth in Section 11.04(b). No Indemnitee referred to in Section 11.04(b) shall be liable for any damages arising from the use by unintended recipients of any information or other materials distributed to such unintended recipients by such Indemnitee through telecommunications, electronic or other information transmission systems in connection with this Agreement or the other Loan Documents or the transactions contemplated hereby or thereby.. 132

Waiver of Consequential Damages, Etc. To the fullest extent permitted by applicable Applicable Law, no party the parties hereto shall not assert, and each such party hereto hereby waives, and acknowledges that no other Person shall have, any claim against any Indemnitee or any Loan Party or any of its Affiliates, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement, any other Loan Document or any agreement or instrument contemplated hereby, the transactions contemplated hereby or thereby, any Loan or Letter of Credit or the use of the proceeds thereof; provided that nothing contained in this clause hereunder shall limit the Borrower’s obligations under Sections 10.04(a) and (d) shall relieve the Loan Parties of any obligation it may have to indemnify an Indemnitee to against special, indirect, consequential or punitive damages asserted against such Indemnitee by a third party claimb). No Indemnitee referred to in subsection (b) above shall be liable for any damages arising from the use by unintended recipients of any information or other materials distributed to such unintended recipients by such Indemnitee through telecommunications, electronic or other information transmission systems in connection with this Agreement or the other Loan Documents or the transactions contemplated hereby or thereby.

Waiver of Consequential Damages, Etc. To the fullest extent permitted by applicable Lawlaw, no party hereto shall assert, and each such party hereto hereby waives, and acknowledges that no other Person shall have, waives any claim against any other party hereto, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement, any other Loan Document or any agreement or instrument contemplated hereby, the transactions contemplated hereby or thereby, any Loan or Letter of Credit or the use of the proceeds thereof; provided that nothing contained in this clause (d) provided, that, the foregoing shall relieve not limit the Loan Parties of any obligation it may have Parties’ indemnification obligations to indemnify an Indemnitee to against the extent such special, indirect, consequential or punitive damages asserted against such Indemnitee by a are included in any third party claimclaim with respect to which an Indemnitee is entitled to indemnification pursuant to Section 11.04(b). No Indemnitee referred to in clause (b) above shall be liable for any damages arising from the use by unintended recipients of any information or other materials distributed to such unintended recipients by such Indemnitee it through telecommunications, electronic or other information transmission systems in connection with this Agreement or the other Loan Documents or the transactions contemplated hereby or thereby, other than for direct or actual damages resulting from the gross negligence or willful misconduct of such Indemnitee as determined by a final nonappealable judgment of a court of competent jurisdiction.

Waiver of Consequential Damages, Etc. To the fullest extent permitted by applicable Law, no party hereto shall assert, and each such party hereby waives, and acknowledges that no other Person shall have, any claim on any theory of liability, for special, indirect, CHAR1\1710066v1CHAR1\0000000x0 consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement, any other Loan Document or any agreement or instrument contemplated hereby, the transactions contemplated hereby or thereby, any Loan or Letter of Credit or the use of the proceeds thereof; provided that nothing contained in this clause (d) shall relieve the Loan Parties of any obligation it may have to indemnify an Indemnitee to against special, indirect, consequential or punitive damages asserted against such Indemnitee by a third party claim. No Indemnitee shall be liable for any damages arising from the use by unintended recipients of any information or other materials distributed to such unintended recipients by such Indemnitee through telecommunications, electronic or other information transmission systems in connection with this Agreement or the other Loan Documents or the transactions contemplated hereby or thereby.

Waiver of Consequential Damages, Etc. To the fullest extent permitted by applicable Lawlaw, no party hereto to this Agreement shall assert, and each such party hereby waives, and acknowledges that no other Person shall have, any claim against any other party, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement, any other Loan Document or any agreement or instrument contemplated hereby, the transactions contemplated hereby or thereby, any Loan or Letter of Credit or the use of the proceeds thereof; provided that nothing contained in this clause subsection (d) shall relieve the Loan Parties Company of any obligation it may have to indemnify an Indemnitee to against special, indirect, consequential or punitive damages asserted against such Indemnitee by a third party claimparty. No Indemnitee party to this Agreement referred to in subsection (b) above shall be liable for any damages arising 111 Lululemon Credit Agreement from the use by unintended recipients of any information or other materials distributed to such unintended recipients by such Indemnitee party through telecommunications, electronic or other information transmission systems in connection with this Agreement or the other Loan Documents or the transactions contemplated hereby or thereby.

Waiver of Consequential Damages, Etc. To the fullest extent permitted by applicable Lawlaw, no party hereto shall assert, and each such party hereto hereby waives, and acknowledges that no other Person shall have, any claim against any other party hereto or any of their respective Related Parties, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement, any other Loan Document or any agreement or instrument contemplated hereby, the transactions contemplated hereby or thereby, any Loan or Letter of Credit or the use of the proceeds thereof; , provided that nothing contained in this clause (dthe foregoing waiver shall not limit the Borrower’s obligations under Section 10.04(b) shall relieve the Loan Parties of with respect to third-party claims against any obligation it may have to indemnify an Indemnitee to against special, indirect, consequential or punitive damages asserted against such Indemnitee by a third party claimIndemnitee. No Indemnitee referred to in subsection (b) above shall be liable for any damages arising from the use by unintended recipients others of any information or other materials distributed to such unintended recipients party by such Indemnitee through telecommunications, electronic or other information transmission systems in connection with this Agreement or the other Loan Documents or the transactions contemplated hereby or therebythereby other than for direct or actual damages resulting from the gross negligence or willful misconduct of such Indemnitee as determined by a final and nonappealable judgment of a court of competent jurisdiction.

Waiver of Consequential Damages, Etc. To the fullest extent permitted by applicable Lawlaw, no party hereto Loan Party shall assert, and each such party Loan Party hereto hereby waives, waives and acknowledges that no other Person shall have, any claim against any Indemnitee, in each case on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damagesdamages determined by a court of competent jurisdiction by final and nonappealable judgment to have resulted from the gross negligence, bad faith or willful misconduct of such Indemnitee) arising out of, in connection with, or as a result of, this Agreement, any other Loan Document or any agreement or instrument contemplated herebyhereby or thereby, the transactions contemplated hereby or thereby, any Loan or Letter of Credit or the use of the proceeds thereof; provided that nothing contained in this clause (d) shall relieve the Loan Parties of any obligation it may have to indemnify an Indemnitee to against special, indirect, consequential or punitive damages asserted against such Indemnitee by a third party claim. No Indemnitee shall be liable for any damages arising from the use by unintended recipients of any information or other materials distributed to such unintended recipients by such Indemnitee through telecommunications, electronic or other information transmission systems in connection with this Agreement or the other Loan Documents or the transactions contemplated hereby or thereby.

Waiver of Consequential Damages, Etc. To the fullest extent permitted by applicable Lawlaw, no party hereto shall assert, and each such party hereto hereby waives, and acknowledges that no other Person shall have, any claim against any Indemnitee or any Loan Party (or any of its Related Parties), on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, with or as a result of, of this Agreement, any other Loan Document or any agreement or instrument contemplated hereby, the transactions contemplated hereby or thereby, any Loan or Letter of Credit or the use of the proceeds thereof; provided that nothing contained in this clause (dsentence shall limit the obligations of the Borrower set forth in Section 10.04(b) shall relieve the Loan Parties in respect of any obligation it may have to indemnify an such damages owing by any Indemnitee to against special, indirect, consequential or punitive damages asserted against such Indemnitee by a third party claimparty. No Indemnitee referred to in clause (b) above shall be liable for any damages arising from the use by unintended recipients of any information or other materials distributed to such unintended recipients by such Indemnitee through telecommunications, electronic or other information transmission systems in connection with this Agreement or the other Loan Documents or the transactions contemplated hereby or therebythereby other than for direct or actual damages resulting from the gross negligence, willful misconduct or bad faith of such Indemnitee as determined by a final and non-appealable judgment of a court of competent jurisdiction.

Waiver of Consequential Damages, Etc. To the fullest extent permitted by applicable Applicable Law, no party hereto Indemnitee nor any Borrower shall assert, and each such party hereby waives, and acknowledges that no other Person shall have, any claim against any Indemnitee or Borrower, as applicable, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement, any other Loan Document loan agreement or any agreement or instrument contemplated hereby, the transactions contemplated hereby or therebyTransactions, any Loan or Letter of Credit or the use of the proceeds thereof; provided that nothing contained in this clause (d) sentence shall relieve not limit the Loan Parties of any obligation it may have Company’s indemnification and reimbursement obligations pursuant to indemnify an Indemnitee to against special, indirect, consequential or punitive damages asserted against such Indemnitee by a third party claimthis Section 11.03. No Indemnitee referred to in subsection (b) above shall be liable for any damages arising from the use by unintended recipients of any information or other materials distributed to such unintended recipients by such Indemnitee through telecommunications, electronic or other information transmission systems in connection with this Agreement or the other Loan Documents or the transactions contemplated hereby or thereby.

Waiver of Consequential Damages, Etc. To the fullest extent permitted by applicable Lawlaw, no party hereto shall assert, and each such party hereby waives, and acknowledges that no other Person shall have, any claim against any other party, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement, any other Loan Document or any agreement or instrument contemplated hereby, the transactions contemplated hereby or thereby, any Loan or Letter of Credit or the use of the proceeds thereof; provided that nothing contained in this clause (d) sentence shall relieve limit the Loan Parties of any obligation it may have Parties’ indemnity or reimbursement obligations under this Section 10.04 to indemnify an Indemnitee to against the extent such special, indirect, consequential or punitive damages asserted against are included in any third party claim in connection with which such Indemnitee by a third party claimis entitled to indemnification hereunder. No Indemnitee referred to in subsection (b) above shall be liable for any damages arising from the use by unintended recipients of any information or other materials distributed to such unintended recipients by such Indemnitee it through telecommunications, electronic or other information transmission systems in connection with this Agreement or the other Loan Documents or the transactions contemplated hereby or thereby.

Waiver of Consequential Damages, Etc. To the fullest extent permitted by applicable Lawlaw, no each party hereto and each Indemnitee shall not assert, and each such party hereby waives, and acknowledges that no other Person shall have, any claim against each other party hereto and each Indemnitee, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement, any other Loan Document or any agreement or instrument contemplated hereby, the transactions contemplated hereby or thereby, any Loan or Letter of Credit or the use of the proceeds thereof; provided that nothing contained in this clause (dprovision shall not limit the Borrower’s indemnity obligations under Section 10.04(b) shall relieve the Loan Parties of any obligation it may have to indemnify an Indemnitee to against special, indirect, consequential or punitive damages for claims asserted against such any Indemnitee by a any third party claimparty. No Indemnitee referred to in subsection (b) above shall be liable for any damages arising from the use by unintended recipients of any information or other materials distributed to such unintended recipients by such Indemnitee through telecommunications, electronic or other information transmission systems in connection with this Agreement or the other Loan Documents or the transactions contemplated hereby or therebythereby other than for direct or actual damages resulting from the gross negligence or willful misconduct of such Indemnitee as determined by a final and nonappealable judgment of a court of competent jurisdiction.

Waiver of Consequential Damages, Etc. To the fullest extent permitted by applicable Lawlaw, no party hereto shall assert, and each such party hereby waives, and acknowledges that no other Person shall have, any claim against any other party hereto, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement, any other Loan Document or any agreement or instrument contemplated hereby, the transactions contemplated hereby or thereby, any Loan Advance or Letter of Credit Credit, or the use of the proceeds thereof; thereof provided that nothing contained in this clause (d) shall relieve the Loan Parties Borrower of any obligation it may have to indemnify an Indemnitee to against special, indirect, consequential or punitive damages asserted against paid by such Indemnitee by to a third party claimparty. No Indemnitee referred to in paragraph (b) above shall be liable for any damages arising from the use by unintended recipients of any information or other materials distributed to such unintended recipients by such Indemnitee it through telecommunications, electronic or other information transmission systems in connection with this Agreement or the other Loan Documents or the transactions contemplated hereby or thereby, except to the extent such damages are found in a final, non-appealable judgment by a court of competent jurisdiction to have resulted from such Indemnitee’s bad faith, gross negligence, willful misconduct or material breach of this Agreement or the other Loan Documents.

Waiver of Consequential Damages, Etc. To the fullest extent permitted by applicable Lawlaw, no party hereto or Indemnitee shall assert, and each such party hereby waives, and acknowledges that no other Person shall have, waive any claim against any other party, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement, any other Loan Document or any agreement or instrument contemplated hereby, the transactions contemplated hereby or thereby, any Loan or Letter of Credit or the use of the proceeds thereof; provided that nothing contained in this clause (d) sentence shall relieve limit any such Person’s indemnification obligations set forth in this Agreement or any other Loan Document to the Loan Parties of any obligation it may have to indemnify an Indemnitee to against extent such special, indirect, punitive or consequential or punitive damages asserted against such Indemnitee by a are included in any third party claimclaim in connection with which an Indemnitee is entitled to indemnification hereunder (whether before or after the Closing Date). No Indemnitee referred to in subsection (b) above shall be liable for any damages arising from the use by unintended recipients of any information or other materials distributed to such unintended recipients by such Indemnitee it through telecommunications, electronic or other information transmission systems in connection with this Agreement or the other Loan Documents or the transactions contemplated hereby or thereby.

Waiver of Consequential Damages, Etc. To the fullest extent permitted by applicable Lawlaw, no each party hereto shall not assert, and each such party hereby waives, and acknowledges that no other Person shall have, any claim against any other party hereto or any Indemnitee thereof, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement, any other Loan Document or any agreement or instrument contemplated hereby, the transactions contemplated hereby or thereby, any Loan or Letter of Credit or the use of the proceeds thereof; provided . For the avoidance of doubt, the parties hereto acknowledge and agree that nothing contained in this clause (da claim for indemnity under Section 10.5(b) shall relieve above, to the Loan Parties extent covered thereby, is a claim of any obligation it may have to indemnify an Indemnitee to against special, indirect, consequential direct or punitive damages asserted against such Indemnitee by a third party claimactual damages. No Indemnitee referred to in paragraph (b) above shall be liable for any damages arising from the use by unintended recipients of any information or other materials distributed to such unintended recipients by such Indemnitee through telecommunications, electronic or other information transmission systems in connection with this Agreement or the other Loan Documents or the transactions contemplated hereby or thereby.

Waiver of Consequential Damages, Etc. To the fullest extent permitted by applicable Applicable Law, no party the parties hereto shall not assert, and each such party hereby waives, and acknowledges that no other Person shall havewaive, any claim against any Indemnitee, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Credit Agreement, any other Loan Document or any agreement or instrument contemplated hereby, the transactions contemplated hereby or thereby, any Loan or Letter of Credit or the use of the proceeds thereof; provided provided, that nothing contained in this clause (dSection 12.5(d) shall relieve the Loan Parties any Credit Party of any obligation it may have to indemnify an Indemnitee to against special, indirect, consequential or punitive damages asserted against such Indemnitee by a third party claimparty. No Indemnitee referred to in clause (b) above shall be liable for any damages arising from the use by unintended recipients of any information or other materials distributed to such unintended recipients by such Indemnitee it through telecommunications, electronic or other information transmission systems in connection with this Credit Agreement or the other Loan Documents or the transactions contemplated hereby or thereby, in the absence of gross negligence or willful misconduct by any Indemnitee.

Waiver of Consequential Damages, Etc. To the fullest extent permitted by applicable Lawlaw, no party hereto shall assert, and each such party hereto hereby waives, and acknowledges that no other Person shall have, any claim against any other party (or any Related Party to such party), on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement, any other Loan Document Agreement or any agreement or instrument contemplated hereby, the transactions contemplated hereby or therebyTransactions, any Loan or Letter of Credit or the use of the proceeds thereof; provided that nothing contained in this clause (d) that, such waiver shall relieve the Loan Parties of not apply to any obligation it may have of the Borrower to indemnify an Indemnitee for any such damages owed to against special, indirect, consequential or punitive damages asserted against such Indemnitee by a any third party claimparties. No Indemnitee shall be liable for any damages arising from the use by unintended recipients of any information or other materials distributed to such unintended recipients by such Indemnitee it through telecommunications, electronic or other information transmission systems in connection with this Agreement or the other Loan Documents or the transactions contemplated hereby or thereby, except to the extent caused by the willful misconduct or gross negligence of such Indemnitee or its Related Parties, as determined by a final, non-appealable judgment of a court of competent jurisdiction.

Waiver of Consequential Damages, Etc. To the fullest extent permitted by applicable Law, no party hereto the Company shall not assert, and each such party hereby waives, and acknowledges that no other Person shall have, any claim against the Purchasers, any holder of a Note, the Agents and their respective Affiliates, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement, any other Loan Note Document or any agreement or instrument contemplated hereby, the transactions contemplated hereby or thereby, any Loan or Letter of Credit Note or the use of the proceeds thereof; provided that nothing contained . Notwithstanding any provision of this Agreement and/or any other Note Document to the contrary, the Agent shall not in this clause (d) shall relieve any event be liable for any loss of profit, loss of business, loss of goodwill or loss of opportunity, whether direct or indirect. None of the Loan Parties Purchasers, the holders of any obligation it may have to indemnify an Indemnitee to against specialthe Notes, indirect, consequential or punitive damages asserted against such Indemnitee by a third party claim. No Indemnitee the Agents and their respective Affiliates shall be liable for any damages arising from the use by unintended recipients of any information or other materials distributed to such unintended recipients by such Indemnitee each of them through telecommunications, electronic or other information transmission systems in connection with this Agreement or the other Loan Note Documents or the transactions contemplated hereby or thereby.

Waiver of Consequential Damages, Etc. To the fullest extent permitted by applicable Lawlaw, no party hereto shall assert, and each such party hereby waives, and acknowledges that no other Person shall have, any claim against the Borrowers and their Affiliates or any Indemnitee, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement, any other Loan Document or any agreement or instrument contemplated hereby, the transactions contemplated hereby or thereby, any Loan or Letter of Credit or the use of the proceeds thereof; provided that nothing contained in this clause (dsuch waiver shall not limit any Loan Party’s reimbursement or indemnification obligations under Sections 10.04(a) shall relieve the Loan Parties of any obligation it may have to indemnify an Indemnitee to against specialor 10.04(b), indirect, consequential or punitive damages asserted against such Indemnitee by a third party claimrespectively. No Indemnitee referred to in subsection (b) above or the Borrowers and their Affiliates shall be liable for any damages arising from the use by unintended recipients of any information or other materials distributed to such unintended recipients by such Indemnitee it through telecommunications, electronic or other information transmission systems in connection with this Agreement or the other Loan Documents or the transactions contemplated hereby or thereby, except to the extent such damages result from the gross negligence, bad faith or willful misconduct of such Indemnitee.

Waiver of Consequential Damages, Etc. To the fullest extent permitted by applicable Law, no party hereto shall assert, and each such party hereto hereby waives, waives and acknowledges that no other Person shall have, any claim against any Indemnitee or any other party hereto, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement, any other Loan Document or any agreement or instrument contemplated hereby, the transactions contemplated hereby or thereby, any Loan or Letter of Credit or the use of the proceeds thereof; provided that nothing contained provided, that, the foregoing shall in this clause (dno event limit the Borrower’ indemnification obligations under Section 11.04(b) shall relieve to the Loan Parties of any obligation it may have to indemnify an Indemnitee to against extent such special, indirect, consequential or punitive damages asserted against are included in any third-party claim in connection with which such Indemnitee by a third party claimis otherwise entitled to indemnification hereunder. No Indemnitee referred to in Section 11.04(b) or any other party hereto shall be liable for any damages arising from the use by unintended recipients of any information or other materials distributed to such unintended recipients by such Indemnitee or other party hereto through telecommunications, electronic or other information transmission systems in connection with this Agreement or the other Loan Documents or the transactions contemplated hereby or thereby.97

Waiver of Consequential Damages, Etc. To the fullest extent permitted by applicable Lawlaw, no party hereto shall assert, and each such party hereto hereby waives, and acknowledges that no other Person shall have, any claim against any Indemnitee, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement, any other Loan Document or any agreement or instrument contemplated hereby, the transactions contemplated hereby or thereby, any Loan or Letter of Credit or the use of the proceeds thereof; provided that that, for the avoidance of doubt, nothing contained in this clause (d) shall relieve limit the obligations of the Loan Parties of any obligation it may have set forth in Section 10.04(b) to indemnify an Indemnitee to against special, the extent such indirect, consequential or punitive damages asserted against such are included in any claim in connection with which an Indemnitee by a third party claimis otherwise entitled to indemnification hereunder. No Indemnitee referred to in subsection (b) above shall be liable for any damages arising from the use by unintended recipients of any information or other materials distributed to such unintended recipients by such Indemnitee it through telecommunications, electronic or other information transmission systems in connection with this Agreement or the other Loan Documents or the transactions contemplated hereby or thereby.

Waiver of Consequential Damages, Etc. To the fullest extent permitted by applicable Applicable Law, no party hereto the Borrower shall not assert, and each such party hereby waives, and acknowledges that no other Person shall have, any claim against any Lender-Related Party, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement, any other Loan Document or any agreement or instrument contemplated hereby, the transactions contemplated hereby or thereby, any Loan or Letter of Credit Credit, or the use of the proceeds thereof; provided that nothing contained in this clause (d) shall relieve . Neither the Loan Parties of Borrower nor any obligation it may have to indemnify an Indemnitee to against special, indirect, consequential or punitive damages asserted against such Indemnitee by a third party claim. No Indemnitee Lender-Related Party shall be liable for (i) any damages arising from the use by unintended recipients of any information or other materials distributed to such unintended recipients by such Indemnitee it through telecommunications, electronic or other information transmission systems in connection with this Agreement or the other Loan Documents or the transactions contemplated hereby or therebythereby or (ii) any special, indirect, consequential, exemplary or punitive damages in connection with this Agreement or the other Loan Documents or the transactions contemplated hereby or thereby (provided that nothing contained in this clause (ii) shall limit or otherwise relieve the Borrower’s indemnity obligations under Section 10.3(b)).

Waiver of Consequential Damages, Etc. To the fullest extent permitted by applicable Lawlaw, no party hereto shall assert, and each such party hereby waives, and acknowledges that no other Person shall have, any claim against the Borrower and their Affiliates or any Indemnitee, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement, any other Loan Document or any agreement or instrument contemplated hereby, the transactions contemplated hereby or thereby, any Loan or Letter of Credit or the use of the proceeds thereof; provided that nothing contained in this clause (dsuch waiver shall not limit any Loan Party’s reimbursement or indemnification obligations under Sections 10.04(a) shall relieve the Loan Parties of any obligation it may have to indemnify an Indemnitee to against specialor 10.04(b), indirect, consequential or punitive damages asserted against such Indemnitee by a third party claimrespectively. No Indemnitee referred to in subsection (b) above or the Borrower and their Affiliates shall be liable for any damages arising from the use by unintended recipients of any information or other materials distributed to such unintended recipients by such Indemnitee it through telecommunications, electronic or other information transmission systems in connection with this Agreement or the other Loan Documents or the transactions contemplated hereby or thereby, except to the extent such damages result from the gross negligence, bad faith or willful misconduct of such Indemnitee.

Waiver of Consequential Damages, Etc. To the fullest extent permitted by applicable Lawlaw, no party hereto hereunder shall assert, and each such party hereunder hereby waives, and acknowledges that no other Person shall have, any claim against any other party hereunder or any Related Party of the foregoing, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement, any other Loan Transaction Document or any agreement or instrument contemplated hereby, the transactions contemplated hereby or thereby, any Loan or Letter of Credit or the use of the proceeds thereof; provided however that nothing contained in this clause (d) shall relieve the Loan Parties obligation of any obligation it may have each Borrower to indemnify an Indemnitee to against specialthe Indemnitees as otherwise set forth herein arising from claims brought by third parties shall not be limited by the foregoing. None of the Administrative Agent, indirectany Arranger, consequential any Issuing Bank, any other Bank or punitive damages asserted against such Indemnitee by a third party claim. No Indemnitee any Related Party of the foregoing shall be liable for any damages arising from the use by unintended recipients of any information or other materials distributed to such unintended recipients by such Indemnitee it through telecommunications, electronic or other information transmission systems in connection with this Agreement or the other Loan Transaction Documents or the transactions contemplated hereby or thereby; provided, however, that such use was not due to the gross negligence, willful misconduct or material breach in bad faith by such Person as determined by a final non-appealable judgment of a court of competent jurisdiction.

Waiver of Consequential Damages, Etc. To the fullest extent permitted by applicable Applicable Law, no party hereto to this Agreement shall assert, and each such party hereby waives, and acknowledges that no other Person shall have, any claim on against any theory of liabilityother party to this Agreement, and in no event shall any party to this Agreement be liable, for indirect, special, indirectpunitive, consequential or punitive exemplary damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement, any other Loan Document or any agreement or instrument contemplated herebyhereby or thereby, the transactions contemplated hereby or thereby, any Loan or Letter of Credit Credit, or the use of the proceeds thereof, whether or not such party to this Agreement has been advised of the possibility of damages; provided that nothing contained the foregoing shall not limit the indemnification obligations set forth in this clause (dSection 9.3(b) shall relieve the Loan Parties of any obligation it may have with respect to indemnify an Indemnitee to against special, indirect, consequential or punitive damages asserted against such Indemnitee claims brought by a third party claimparties. No Indemnitee referred to in clause (b) above shall be liable for any damages arising from the use by unintended recipients of any information or other materials distributed to such unintended recipients by such Indemnitee it through telecommunications, electronic or other information transmission systems in connection with this Agreement or the other Loan Documents or the transactions contemplated hereby or thereby.

Waiver of Consequential Damages, Etc. To the fullest extent permitted by applicable Law, no each party hereto and each Indemnitee shall not assert, and each such party hereby waives, and acknowledges that no other Person shall have, any claim against any Indemnitee, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement, any other Loan Document or any agreement or instrument contemplated hereby, the transactions contemplated hereby or thereby, any Loan or Letter of Credit or the use of the proceeds thereof; provided that nothing contained in this clause (dprovision shall not limit the Borrower’s indemnity obligations under Section 11.3(b) shall relieve the Loan Parties of any obligation it may have to indemnify an Indemnitee to against special, indirect, consequential or punitive damages for claims asserted against such any Indemnitee by a any third party claimparty. No Indemnitee referred to in Section 11.3(b) [Indemnification by Borrower] shall be liable for any damages arising from the use by unintended recipients of any information or other materials distributed to such unintended recipients by such Indemnitee it through telecommunications, electronic or other information transmission systems in connection with this Agreement or the other Loan Documents or the transactions contemplated hereby or thereby., except to the extent such damages are determined by

Waiver of Consequential Damages, Etc. To the fullest extent permitted by applicable Lawlaw, no party hereto shall assert, and each such party hereby waives, and acknowledges that no other Person shall have, any claim against any other party hereto, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement, any other Loan Document or any agreement or instrument contemplated hereby, the transactions contemplated hereby or thereby, any Loan or Letter of Credit or the use of the proceeds thereof; provided that nothing contained in this clause (d) that, the foregoing waiver and acknowledgment shall relieve not apply to limit, restrict or otherwise modify any indemnification obligations of any of the Loan Parties (or any of their respective Related Persons) under any obligation it may have to indemnify an Indemnitee to against special, indirect, consequential Loan Document or punitive damages asserted against such Indemnitee by a third party claimotherwise. No Indemnitee referred to in subsection (b) above shall be liable for any damages arising from the use by unintended recipients others of any information or other materials distributed to such unintended recipients party by such Indemnitee through telecommunications, electronic or other information transmission systems in connection with this Agreement or the other Loan Documents or the transactions contemplated hereby or thereby.

Waiver of Consequential Damages, Etc. To the fullest extent permitted by applicable Law, no party hereto the parties to this Agreement shall not assert, and each such party hereby waives, and acknowledges that no other Person shall havewaive, any claim against any other party or Indemnitee, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement, any other Loan Document or any agreement or instrument contemplated hereby, the transactions contemplated hereby or thereby, any Loan or Letter of Credit or the use of the proceeds thereof; , provided that that, nothing contained in this clause (dSection 10.04(d) shall relieve the Loan Parties Borrower of any obligation it may have to indemnify an Indemnitee to against special, indirect, consequential or punitive damages asserted against actually paid by such Indemnitee by to a third party claimparty. No Indemnitee referred to in subsection (b) above shall be liable for any damages arising from the use by unintended recipients of any information or other materials distributed to such unintended recipients by such Indemnitee it through telecommunications, electronic or other information transmission systems in connection with this Agreement or the other Loan Documents or the transactions contemplated hereby or therebythereby except to the extent caused by such Person’s or any of such Person’s Related Parties’ gross negligence, bad faith or willful misconduct as determined by a final and nonappealable judgment of a court of competent jurisdiction.

Waiver of Consequential Damages, Etc. To the fullest extent permitted by applicable Lawlaw, no party hereto shall assert, and each such party hereto hereby waives, and acknowledges that no other Person shall have, any claim against any Indemnitee, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement, any other Loan Document or any agreement or instrument contemplated hereby, the transactions contemplated hereby or thereby, any Loan or Letter of Credit or the use of the proceeds thereof; provided that that, for the avoidance of doubt, nothing contained in this clause (d) shall relieve limit the obligations of the Loan Parties of any obligation it may have set forth in Section 10.04(b) to indemnify an Indemnitee to against special, the extent such indirect, consequential or punitive damages asserted against such are included in any claim in connection with which an Indemnitee by a third party claimis otherwise entitled to indemnification hereunder. No Indemnitee referred to in subsection (b) above shall be liable for any damages arising from the use by unintended recipients of any information or other materials distributed to such unintended recipients by such Indemnitee it through telecommunications, electronic or other information transmission systems in connection with this Agreement or the other Loan Documents or the transactions contemplated hereby or thereby.

Waiver of Consequential Damages, Etc. To the fullest extent permitted by applicable Applicable Law, no party hereto shall assert, and each such party hereby waives, and acknowledges that no other Person shall have, any claim against any other party, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement, any other Loan Document or any agreement or instrument other document contemplated herebythereby, the transactions contemplated hereby or thereby, any Commitment, any Loan or any Letter of Credit or Credit, the use thereof or of the proceeds thereofthereof or such party’s activities in connection therewith (whether before or after the Effective Date); provided that that, nothing contained in this clause paragraph (dc) shall relieve the Loan Parties Borrower of any obligation it may have to indemnify an Indemnitee to against special, indirect, consequential or punitive damages asserted against such Indemnitee by a third party claimparty. No Indemnitee shall be liable for any damages arising from the use by unintended recipients of any information or other materials distributed to such unintended recipients by such Indemnitee obtained through telecommunications, electronic any Platform or other information transmission systems in connection with this Agreement or the other Loan Documents or the transactions contemplated hereby thereby unless determined by a court of competent jurisdiction by final and nonappealable judgment to have resulted from the gross negligence or therebywillful misconduct of such Indemnitee.

Waiver of Consequential Damages, Etc. To the fullest extent permitted by applicable Lawlaw, no party hereto shall assert, and each such party to this Agreement hereby waives, and acknowledges that no other Person shall have, any claim against any other party hereto on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement, any other Loan Document or any agreement or instrument contemplated hereby, the transactions contemplated hereby or thereby, any Loan or Letter of Credit or the use of the proceeds thereof; provided that nothing contained the foregoing shall not limit or impair any indemnification in this clause (d) shall relieve the Loan Parties respect of any obligation it may have to indemnify such claim payable by an Indemnitee to against special, indirect, consequential or punitive damages asserted against such Indemnitee by a third party claimin accordance with Section 10.04(b). No Indemnitee referred to in subsection (b) above shall be liable for any damages arising from the use by unintended recipients of any information or other materials distributed to such unintended recipients by such Indemnitee through telecommunications, electronic or other information transmission systems in connection with this Agreement or the other Loan Documents or the transactions contemplated hereby or therebythereby other than for direct or actual damages resulting primarily from the gross negligence or willful misconduct of such Indemnitee as determined by a final and nonappealable judgment of a court of competent jurisdiction.

Waiver of Consequential Damages, Etc. To the fullest extent permitted by applicable Lawlaw, no party hereto shall assert, and each such party hereby waives, and acknowledges that no other Person shall have, any claim against any other party, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement, any other Loan Document or any agreement or instrument contemplated hereby, the transactions contemplated hereby or thereby, any Loan or Letter of Credit or the use of the proceeds thereof; provided that nothing contained in this clause (d) sentence shall relieve limit the Loan Parties of any obligation it may have Parties’ indemnity or reimbursement obligations under this Section 10.04 to indemnify an Indemnitee to against the extent such special, indirect, consequential or punitive damages asserted against are included in any third party claim in connection with which such Indemnitee by a third party claimis entitled to indemnification hereunder. No Indemnitee referred to in subsection (b) above shall be liable for any damages arising from the use by unintended recipients of any information or other materials distributed to such unintended recipients by such Indemnitee it through telecommunications, electronic or other information transmission systems in connection with this Agreement or the other Loan Documents or the transactions contemplated hereby or thereby.

Waiver of Consequential Damages, Etc. To the fullest extent permitted by applicable Law, no party hereto shall assert, and each such party hereby waives, and acknowledges that no other Person shall have, any claim against any other party, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement, any other Loan Transaction Document or any agreement or instrument contemplated hereby, the transactions contemplated hereby or thereby, any Investment or Loan or Letter of Credit or the use of the proceeds thereof; provided that nothing contained in this clause (d) Section 11.05 shall relieve the Loan Parties SPE or Servicer of any obligation it may have to indemnify an Indemnitee to a SPE Indemnified Party or Servicer Indemnified Party against special, indirect, consequential consequential, or punitive damages asserted against such Indemnitee indemnified person by a third party claimparty. No Indemnitee Secured Party shall be liable for any damages arising from the use by unintended recipients of any information or other materials distributed to such unintended recipients by such Indemnitee it through telecommunications, electronic or other information transmission systems in connection with this Agreement or the other Loan Transaction Documents or the transactions contemplated hereby or thereby, except to the extent such liability or damages are determined by a court of competent jurisdiction by final and non-appealable judgment to have resulted from the gross negligence or willful misconduct of such Secured Party.

Waiver of Consequential Damages, Etc. To the fullest extent permitted by applicable Lawlaw, no party hereto hereunder shall assert, and each such party hereunder hereby waives, and acknowledges that no other Person shall have, any claim against any other party hereunder, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement, any other Loan Transaction Document or any agreement or instrument contemplated hereby, the transactions contemplated hereby or thereby, any Loan or Letter of Credit or the use of the proceeds thereof; provided however that nothing contained in this clause (d) shall relieve the Loan Parties obligation of any obligation it may have each Borrower to indemnify an Indemnitee to against special, indirect, consequential or punitive damages asserted against such Indemnitee the Indemnitees as otherwise set forth herein arising from claims brought by a third party claimparties shall not be limited by the foregoing. No Indemnitee referred to in clause (b) above shall be liable for any damages arising from the use by unintended recipients of any information or other materials distributed to such unintended recipients by such Indemnitee it through telecommunications, electronic or other information transmission systems in connection with this Agreement or the other Loan Transaction Documents or the transactions contemplated hereby or thereby; provided, however, that such use was not due to the gross negligence, willful misconduct or breach in bad faith by an Indemnitee referred to in clause (b) above.

Waiver of Consequential Damages, Etc. To the fullest extent permitted by applicable Lawlaw, no party hereto hereunder shall assert, and each such party hereunder hereby waives, and acknowledges that no other Person shall have, any claim against any other party hereunder, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement, any other Loan Transaction Document or any agreement or instrument contemplated hereby, the transactions contemplated hereby or thereby, any Loan or Letter of Credit or the use of the proceeds thereof; provided however that nothing contained in this clause (d) shall relieve the Loan Parties obligation of any obligation it may have each Borrower to indemnify an Indemnitee to against special, indirect, consequential or punitive damages asserted against such Indemnitee the Indemnitees as otherwise set forth herein arising from claims brought by a third party claimparties shall not be limited by the foregoing. No Indemnitee referred to in clause (b) above shall be liable for any damages arising from the use by unintended recipients of any information or other materials distributed to such unintended recipients by such Indemnitee it through telecommunications, electronic or other information transmission systems in connection with this Agreement or the other Loan Transaction Documents or the transactions contemplated hereby or thereby; provided, however, that such use was not due to the gross negligence, willful misconduct or breach in bad faith by an Indemnitee referred to in clause (b) above as determined by a final non-appealable judgment of a court of competent jurisdiction.

Waiver of Consequential Damages, Etc. To the fullest extent permitted by applicable Law, no party hereto the Loan Parties shall not assert, and each such party hereby waives, and acknowledges that no other Person shall havewaive, any claim against any Indemnitee, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement, any other Loan Document or any agreement or instrument contemplated hereby, the transactions contemplated hereby or thereby, any Term Loan or Letter of Credit or the use of the proceeds thereof; provided that nothing contained in this clause (d) the foregoing shall relieve not limit any Loan Party’s indemnity obligations to the Loan Parties of any obligation it may have to indemnify an Indemnitee to against extent special, indirect, consequential or punitive damages asserted against are included in any third party claim in connection with which such Indemnitee by a third party claimis entitled to receive indemnification hereunder. No Indemnitee shall be liable for any damages arising from the use by unintended recipients of any information or other materials distributed to such unintended recipients by such Indemnitee through telecommunications, electronic or other information transmission systems in connection with this Agreement or the other Loan Documents or the transactions contemplated hereby or therebythereby other than for direct or actual damages resulting from the gross negligence or willful misconduct of such Indemnitee as determined by a final and nonappealable judgment of a court of competent jurisdiction.

Waiver of Consequential Damages, Etc. To the fullest extent permitted by applicable Lawlaw, no party hereto hereunder shall assert, and each such party hereunder hereby waives, and acknowledges that no other Person shall have, any claim against any other party hereunder, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement, any other Loan Transaction Document or any agreement or instrument contemplated hereby, the transactions contemplated hereby or thereby, any Loan or Letter of Credit or the use of the proceeds thereof; provided however that nothing contained in this clause (d) shall relieve the Loan Parties obligation of any obligation it may have each Borrower to indemnify an Indemnitee to against special, indirect, consequential or punitive damages asserted against such Indemnitee the Indemnitees as otherwise set forth herein arising from claims brought by a third party claimparties shall not be limited by the foregoing. No Indemnitee referred to in clause (b) above shall be liable for any damages arising from the use by unintended recipients of any information or other materials distributed to such unintended recipients by such Indemnitee it through telecommunications, electronic or other information transmission systems in connection with this Agreement or the other Loan Transaction Documents or the transactions contemplated hereby or thereby; provided, however, that such use was not due to the gross negligence, willful misconduct or material breach in bad faith by an Indemnitee referred to in clause (b) above as determined by a final non-appealable judgment of a court of competent jurisdiction.

Waiver of Consequential Damages, Etc. To the fullest extent permitted by applicable Law, no each party hereto shall agrees not to assert, and each such party hereby waives, and acknowledges that no other Person shall have, any claim against any other party, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement, any other Loan Transaction Document or any agreement or instrument contemplated hereby, the transactions contemplated hereby or thereby, any Investment or Loan or Letter of Credit or the use of the proceeds thereof; provided that nothing contained in , provided, however, this clause (d) sentence shall relieve the Loan Parties of not be construed to limit any obligation it may have Seller Indemnified Party’s or Servicer Indemnified Party’s right to indemnify an Indemnitee to against indemnification under Sections 11.02 or Section 11.03 for any third-party claims payable by such Seller Indemnified Party or Servicer Indemnified Party for special, indirect, consequential or punitive damages asserted against such Indemnitee by a third party claimdamages. No Indemnitee Secured Party shall be liable for any damages arising from the use by unintended recipients of any information or other materials distributed to such unintended recipients by such Indemnitee it through telecommunications, electronic or other information transmission systems in connection with this Agreement or the other Loan Transaction Documents or the transactions contemplated hereby or thereby, except to the extent such liability or damages are determined by a court of competent jurisdiction by final and non-appealable judgment to have resulted from the gross negligence or willful misconduct of such Secured Party.