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 this Agreement and (b) without limiting the effect of Section 9.3, any right it may 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.
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Samples: Agreement and Plan of Merger (RGS Energy Group Inc), Agreement and Plan of Merger (Energy East Corp), Agreement and Plan of Merger (CTG Resources Inc)
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 limiting the effect of Section limitation to SECTION 9.3, any right it may have, other than in the case of a willful breach, 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 Exchange (Brooklyn Union Gas Co), Agreement and Plan (Long Island Lighting 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 limiting the effect of limitation to Section 9.3, any right it may have, other than in the case of a willful breach, 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 (Commonwealth Energy System), Agreement and Plan of Merger (Essex County Gas Company)
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 limiting the effect of limitation to Section 9.3, any right it may have, other than in the case of a willful breach, 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.
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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 this Agreement and (bii) without limiting the effect of Section 9.3, any right it may 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.
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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 limiting the effect of Section 9.3, any right it may have, other than in the case of a willful breach, have to receive damages from any other party based on any 45 theory of liability for any special, indirect, consequential (including lost profits) or punitive damages.
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