Waiver of Jury Trial and Certain Damages. Each party to this Agreement waives, to the fullest extent permitted by applicable law, (a) any right it may have to a trial by jury in respect of any action, suit or proceeding arising out of or relating to this Agreement and (b) without limitation to Section 9.3, any right it may have to receive damages from any other party based on any theory of liability for any special, indirect, consequential (including lost profits) or punitive damages.
Appears in 8 contracts
Samples: Agreement and Plan of Merger (Western Resources Inc /Ks), Agreement and Plan of Merger (Scana Corp), Agreement and Plan of Merger (Kansas City Power & Light Co)
Waiver of Jury Trial and Certain Damages. Each party to this Agreement waives, to the fullest extent permitted by applicable law, (a) any right it may have to a trial by jury in respect of any action, suit or proceeding arising out of or relating to this Agreement and (b) without limitation to Section 9.3, any right it may have to receive damages from any other party based on any theory of liability for any special, indirect, consequential (including lost profits) or punitive damages.
Appears in 3 contracts
Samples: Stock Purchase Agreement (Ameren Corp), Stock and Asset Purchase Agreement (Commonwealth Energy System), Membership Interest Purchase Agreement (Aes Corporation)
Waiver of Jury Trial and Certain Damages. Each party to this Agreement waives, to the fullest extent permitted by applicable law, (a) any right it may have to a trial by jury in respect of any action, suit or proceeding arising out of or relating to this Agreement and (b) without limitation to Section 9.311.3, any right it may have to receive damages from any other party based on any theory of liability for any special, indirect, consequential (including lost profits) or punitive damages.
Appears in 3 contracts
Samples: And Restated Agreement and Plan of Merger (Kansas Gas & Electric Co /Ks/), Agreement and Plan of Merger (Western Resources Inc /Ks), Agreement and Plan of Merger (Kansas City Power & Light Co)
Waiver of Jury Trial and Certain Damages. Each party to this Agreement waives, to the fullest extent permitted by applicable law, (ai) any right it may have to a trial by jury in respect of any action, suit or proceeding arising out of or relating to this Agreement and (bii) without limitation to limiting the effect of Section 9.38.3, any right it may have have, other than in the case of a willful breach, to receive damages from any other party based on any theory of liability for any special, indirect, consequential (including lost profits) or punitive damages.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Central Maine Power Co), Agreement and Plan of Merger (Energy East Corp)
Waiver of Jury Trial and Certain Damages. Each party to this Agreement waives, to the fullest extent permitted by applicable law, (ai) any right it may have to a trial by jury in respect of any action, suit or proceeding arising out of or relating to this Agreement and (bii) without limitation to Section 9.37.2, any right it may have to receive damages from any other party based on any theory of liability for any special, indirect, consequential (including lost profits) or punitive damages.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Merry Land Properties Inc), Agreement and Plan of Merger (Cornerstone Realty Income Trust Inc)
Waiver of Jury Trial and Certain Damages. Each party to this Agreement waives, to the fullest extent permitted by applicable law, (a) any right it may have to a trial by jury in respect of any action, suit or proceeding arising out of or relating to this Agreement and (b) without limitation to Section 9.38.3, any right it may have to receive damages from any other party based on any theory of liability for any special, special indirect, consequential (including lost profits) or punitive damages.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Oneok Inc /New/), Agreement and Plan of Merger (Southwest Gas Corp)
Waiver of Jury Trial and Certain Damages. Each party to this Agreement waives, to the fullest extent permitted by applicable law, (ai) any right it may have to a trial by jury in respect of any action, suit or proceeding arising out of or relating to this Agreement and (bii) without limitation to Section 9.3, any right it may have to receive damages from any other party based on any theory of liability for any special, indirect, consequential (including lost profits) or punitive damages.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Cybex International Inc)
Waiver of Jury Trial and Certain Damages. Each party to this Agreement waives, to the fullest extent permitted by applicable law, (a) any right it may have to a trial by jury in respect of any action, suit or proceeding arising out of or relating to this Agreement and (b) without limitation subject to Section 9.38.2(a) and Section 8.2(b), any right it may have to receive damages from any other party based on any theory of liability for any special, indirect, consequential (including lost profits) or punitive damages.
Appears in 1 contract
Waiver of Jury Trial and Certain Damages. Each party to this Agreement waives, to the fullest extent permitted by applicable lawLaw, (a) any right it may have to a trial by jury in respect of any action, suit or proceeding arising out of or relating to this Agreement and (b) without limitation to Section 9.38.2, any right it may have to receive damages from any other party based on any theory of liability for any special, special indirect, consequential (including lost profits) or punitive damages.
Appears in 1 contract
Waiver of Jury Trial and Certain Damages. Each party to ---------------------------------------- this Agreement waives, to the fullest extent permitted by applicable law, (ai) any right it may have to a trial by jury in respect of any action, suit or proceeding arising out of or relating to this Agreement and (bii) without limitation except with respect to Section 9.3, which shall not be limited in any way, any right it may have to receive damages from any other party based on any theory of liability for any special, indirect, consequential (including lost profits) or punitive damages.
Appears in 1 contract
