Common use of Waiver of Consequential Damages Clause in Contracts

Waiver of Consequential Damages. In no event shall the Parties be liable to each other, and each Party specifically waives as against the other, any and all claims for consequential, incidental, indirect, special or punitive damages resulting in any way from performance or non-performance of this Agreement, whether such damages are characterized as arising under breach of contract or warranty, tort (including negligence), fault, strict liability, indemnity, or other theory of legal liability.

Waiver of Consequential Damages. In no event event, whether based on contract, indemnity, warranty, tort (including, as the case may be, a Party’s own negligence) or otherwise, shall the Parties either Party be liable to each other, and each the other Party specifically waives as against the other, or to any and all other person or party for or with respect to any claims for consequential, incidentalindirect, indirectpunitive, exemplary, special or punitive incidental damages resulting in any way from performance or non-performance of this Agreement, whether such damages are characterized as arising under breach of contract or warranty, tort (including negligence), fault, strict liability, indemnity, or other theory of legal liabilityotherwise.

Waiver of Consequential Damages. In no event event, whether based on contract, indemnity, warranty, tort (including, as the case may be, a party’s own negligence) or otherwise, shall the Parties either party be liable to each other, and each Party specifically waives as against the other, other party or to any and all other person or party for or with respect to any claims for consequential, incidentalindirect, indirectpunitive, exemplary, special or punitive incidental damages resulting in any way from performance or non-performance of this Agreement, whether such damages are characterized as arising under breach of contract or warranty, tort (including negligence), fault, strict liability, indemnity, or other theory of legal liabilityotherwise.

Waiver of Consequential Damages. In no event shall the Parties either Party be liable to each otherthe other Party for, and each Party specifically expressly waives as against the otherother Party, any and all claims Claim for consequential, punitive, incidental, indirect, special or punitive damages resulting indirect loss or damages, including but not limited to loss of revenue, loss of profit or use in any way from performance arising out, incident to or non-performance of in connection with this Agreement, whether such damages are characterized as arising under breach of contract or warranty, tort (including negligence), fault, strict liability, indemnity, or other theory of legal liability.

Waiver of Consequential Damages. In To the fullest extent permitted by Applicable Laws, no event Party shall the Parties be liable to each otherassert, and each Party specifically waives as against the otherhereby waives, any and all claims claim against any Indemnified Party, on any theory of liability, for consequential, incidentalspecial, indirect, special consequential or punitive damages resulting (as opposed to direct or actual damages) arising out of, in any way from performance connection with, or non-performance of as a result of, this Agreement, whether such damages are characterized as arising under breach any other Loan Document or any agreement or instrument contemplated hereby, the transactions contemplated hereby or thereby, any Loan or the use of contract or warranty, tort (including negligence), fault, strict liability, indemnity, or other theory of legal liabilitythe proceeds thereof.

Waiver of Consequential Damages. ‌ In no event shall the Parties be liable to each other, and each Party specifically waives as against the other, any and all claims for consequential, incidental, indirect, special or punitive damages resulting in any way from performance or non-performance of this Agreement, whether such damages are characterized as arising under breach of contract or warranty, tort (including negligence), fault, strict liability, indemnity, or other theory of legal liability.

Waiver of Consequential Damages. In no event shall the Parties be liable to each otherone another for, and they each Party specifically waives as against the otherwaive, any and all claims for consequential, incidental, indirect, special incidental or punitive consequential damages resulting in of any way from performance or non-performance of this Agreementnature, whether such damages are characterized as arising under breach of contract or warrantyin contract, tort (including negligence), fault, strict liability, indemnity, ) or other theory legal theory; provided, however, that the foregoing shall not apply to or affect the liability of legal liabilityERC or any of their directors, officers, employees or agents, arising out of fraud or intentional misrepresentation or any liability under Section 8.1.

Waiver of Consequential Damages. In no event shall the Parties be liable Each Party hereby (i) waives all rights to each other, and each Party specifically waives as against the other, any and all claims for consequential, incidentalspecial, indirect, special incidental or punitive consequential damages resulting in of any way from performance kind or non-performance of this Agreementnature whatsoever, whether such damages are characterized as arising under breach of contract or in contract, warranty, tort (including negligence), fault, negligence or strict liability) or otherwise, indemnity, in each case arising out of or related to the Transactions and (ii) acknowledges that in no event shall any Party be liable to any other theory of legal liabilityParty for such damages described in clause (i).

Waiver of Consequential Damages. In no event shall the Parties be liable to each other, and each Party party specifically waives as against the other, any and all claims for consequential, incidental, indirect, special or punitive damages resulting in any way from performance or non-performance of this Agreement, whether such damages are characterized as arising under breach of contract or warranty, tort (including negligence), fault, strict liability, indemnity, or other theory of legal liability.

Waiver of Consequential Damages. In no event shall the Parties be liable to each other, and each Party specifically waives as against the other, any and all claims for consequential, incidental, indirect, special or punitive damages resulting in any way from performance or non-performance of this Agreement, whether such damages are characterized as arising under breach of contract or warranty, tort (including negligence), fault, strict liability, indemnity, or other theory of legal liability.”

Waiver of Consequential Damages. In no event shall the Parties be liable to each other, and each Party specifically waives as against the other, any and all claims for consequential, incidental, indirect, special or punitive damages resulting in any way from performance or non-performance of this Agreementevent, whether such damages are characterized as arising under breach of contract or based on contract, indemnity, warranty, tort (including including, as the case may be, a Party’s own negligence)) or otherwise, faultshall either Party be liable to the other Party or to any other person or party for or with respect to any Claims for consequential, strict liabilityindirect, indemnitypunitive, exemplary, special or other theory of legal liabilityincidental damages or otherwise.

Waiver of Consequential Damages. In no event event, whether based on contract, indemnity, warranty, tort (including, as the case may be, a party’s own negligence) or otherwise, shall the Parties either party be liable to each other, and each Party specifically waives as against the other, other party or to any and all other person or party for or with respect to any claims for consequential, incidentalindirect, indirectpunitive, exemplary, special or punitive incidental damages resulting or otherwise; provided, however, that this provision shall not limit in any way from performance a party’s right to payment of the Termination Payment pursuant to Section 6.02 hereof or non-performance of this Agreement, whether such damages are characterized as arising under breach of contract or warranty, tort (including negligence), fault, strict liability, indemnity, or other theory of legal liabilitypayments pursuant to Section 9.01 hereof.

Waiver of Consequential Damages. In no event event, whether based on contract, indemnity, warranty, tort (including, as the case may be, a party’s own negligence) or otherwise, shall the Parties either party be liable to each other, and each Party specifically waives as against the other, other party or to any and all other person or party for or with respect to any claims for consequential, incidentalindirect, indirectpunitive, exemplary, special or punitive incidental damages resulting or otherwise; provided, however, that this provision shall not limit in any way from performance or non-performance a party's right to payment of this Agreement, whether such damages are characterized as arising under breach of contract or warranty, tort (including negligence), fault, strict liability, indemnity, or other theory of legal liabilitythe Termination Payment pursuant to Section 6.02 hereof.

Waiver of Consequential Damages. In no event shall the Parties be liable Each Party hereby (a) waives all rights to each other, and each Party specifically waives as against the other, any and all claims for consequential, incidentalspecial, indirect, special incidental or punitive consequential damages resulting in of any way from performance kind or non-performance of this Agreementnature whatsoever, whether such damages are characterized as arising under breach of contract or in contract, warranty, tort (including negligence), fault, negligence or strict liability) or otherwise, indemnity, in each case arising out of or related to the Transactions and (b) acknowledges that in no event shall any Party be liable to any other theory of legal liabilityParty for such damages described in clause (a).

Waiver of Consequential Damages. In no event event, whether based on contract, indemnity, warranty, tort (including, as the case may be, a Party’s own negligence) or otherwise, shall the Parties either Party be liable to each other, and each the other Party specifically waives as against the other, or to any and all other person or party for or with respect to any claims for consequential, incidentalindirect, indirectpunitive, exemplary, special or punitive incidental damages resulting or otherwise; provided, however, that this provision shall not limit in any way from performance a Party’s right to payment of the Termination Payment pursuant to Section 6.02 hereof or non-performance of this Agreement, whether such damages are characterized as arising under breach of contract or warranty, tort (including negligence), fault, strict liability, indemnity, or other theory of legal liabilitypayments pursuant to Section 9.01 hereof.

Waiver of Consequential Damages. In Notwithstanding anything herein to the contrary, no event Party or its Affiliates shall the Parties be liable to each other, and each any other Party specifically waives as against the other, or its Affiliates for any and all claims for consequential, incidental, special, indirect, special exemplary or punitive damages resulting in of any way from performance or non-performance of this Agreementnature, whether such damages are characterized as arising under breach of sought in contract or warranty, in tort (including negligence), fault, and regardless of rules relating to strict liability, indemnitycomparative or contributory negligence, or other theory of legal liabilityintentional or willful misconduct.

Waiver of Consequential Damages. In no event shall the Parties either Party be liable to each otherthe other Party for, and each Party specifically expressly waives as against the otherother Party, any and all claims claim for consequential, punitive, incidental, indirect, special or punitive damages resulting indirect loss or damages, including but not limited to loss of revenue, loss of profit or use in any way from performance arising out, incident to or non-performance of in connection with this Agreement, whether such damages are characterized as arising under breach of contract or warranty, tort (including negligence), fault, strict liability, indemnity, or other theory of legal liability.