Common use of Waiver of Damages Clause in Contracts

Waiver of Damages. To the fullest extent permitted by applicable law, the Borrower shall not assert, and hereby waives, any claim against any Indemnitee, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual

Waiver of Damages. To the fullest extent permitted by applicable law, the Borrower and Lender shall not assert, and each hereby waives, any claim against any Indemniteethe other, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actualactual damages) arising out of, in connection with, or as a result of, this Agreement or any agreement or instrument contemplated hereby, including, without limitation, the Loan or the use of the proceeds thereof.

Waiver of Damages. To the fullest extent permitted by applicable law, the Borrower shall not assert, and hereby waives, any claim against any Indemnitee, on any theory of liability, for special, indirect, incidental, consequential or punitive damages (as opposed to direct or actualactual damages) arising out of, in connection with, or as a result of, the Loan Documents or any agreement or instrument contemplated hereby, the Transactions, any Loan or Letter of Credit or the use of the proceeds thereof.

Waiver of Damages. To the fullest extent permitted by applicable law, the Borrower shall not assert, assert and hereby waives, any claim against any Indemnitee, on any theory of liability, for special, indirect, incidental, consequential or punitive damages (as opposed to direct or actualactual damages) arising out of, in connection with, or as a result of, the Loan Documents or any agreement or instrument contemplated hereby, the Transactions, any Loan or the use of the proceeds thereof.

Waiver of Damages. To the fullest extent permitted by applicable law, the Borrower and Lender shall not assert, and each hereby waives, any claim against any Indemniteethe other, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actualactual damages) arising out of, in connection with, or as a result of, this Agreement or any agreement or instrument contemplated hereby, including, without limitation, any Loan Document, the Loan or the use of the proceeds thereof.

Waiver of Damages. To the fullest extent permitted by applicable law, the Borrower shall not assert, and hereby waives, any claim against any Indemnitee, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actualactual 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 the use of the proceeds

Waiver of Damages. To the fullest extent permitted by applicable law, the Borrower and each Material Subsidiary shall not assert, and hereby waives, any claim against any Indemnitee, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actualactual damages) arising out of, in connection with, or as a result of, this Agreement or any agreement or instrument contemplated hereby, any other Loan Document, the Transactions, any Loan or Letter of Credit or the use of the proceeds thereof.

Waiver of Damages. To the fullest extent permitted by applicable law, the Borrower and Lender shall not assert, and each hereby waives, any claim against any Indemniteethe other, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actualactual damages) arising out of, in connection with, or as a result of, this Agreement or any agreement or instrument contemplated hereby, including, without limitation, the Loan or the use of the proceeds thereof. [Remainder of page intentionally blank; signatures on following page(s)]