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: Merger Agreement (Ambassador Apartments Inc), Merger Agreement (South Carolina Electric & Gas Co), Merger Agreement (Apartment Investment & Management 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 9.311.3, 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: Agreement and Plan of Merger (Western Resources Inc /Ks), Merger Agreement (Kansas Gas & Electric Co /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 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: Merger Agreement (Merry Land Properties Inc), Merger Agreement (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: Merger Agreement (Oneok Inc /New/), Merger Agreement (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 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: Merger Agreement (Central Maine Power Co), Merger Agreement (Energy East Corp)
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
Samples: Merger Agreement (Great Lakes Reit)
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
Samples: Merger Agreement (Lg&e Energy 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
