Waiver of Non-Compensatory Damages. No Indemnified Party shall be entitled to recover from an Indemnifying Party for any losses, costs, expenses, or damages as to which indemnification is provided under this Agreement any amount in excess of the actual compensatory damages, court costs and reasonable attorney's fees, suffered by such party; and Buyer and Seller waive any right to recover punitive, special, exemplary and consequential damages arising in connection with or with respect to the indemnification provisions hereof.
Waiver of Non-Compensatory Damages. Notwithstanding anything to the contrary in this Agreement, in no event shall a party from whom indemnification is sought (an “Indemnifying Party”) be liable under this ARTICLE V for (a) any exemplary or punitive damages or (b) any special, consequential, incidental or indirect damages or lost profits, except (x) in the case of clause (b), to the extent any such damages or lost profits would otherwise be recoverable under applicable Law in an action for breach of contract or (y) in the case of clause (a) or clause (b), any such damages or lost profits that are included in any Third-Party Claim against an Indemnified Party for which such Indemnified Party is entitled to indemnification under this Agreement.
Waiver of Non-Compensatory Damages. Notwithstanding anything to the contrary in the Hyatt Agreements, or at law or in equity, in any action or proceeding between the Parties arising under or with respect to the Hyatt Agreements or in any manner pertaining to the Hotel, each Party unconditionally and irrevocably waives and releases any right, power or privilege to claim or receive any unforeseeable, punitive, special, indirect, or exemplary damages, each Party agreeing that the remedies herein provided and other remedies at law or in equity will in all circumstances be adequate. Both Parties acknowledge that they are experienced in negotiating commercial contracts, and have had the advice of counsel in connection with, and fully understand the nature of, the waiver and release contained in this Section 16.4.
Waiver of Non-Compensatory Damages. No Indemnitee shall be entitled to recover from an Indemnitor for any Damages as to which indemnification is provided under this Agreement any amount in excess of the actual compensatory damages, court costs and reasonable attorneys' fees suffered by such party; and Citadel, Sellers and Stockholders waive any right to recover punitive, special, exemplary and consequential damages arising in connection with or with respect to Damages under the indemnification provisions hereof. 50 52
Waiver of Non-Compensatory Damages. The Settlement, Settlement Formula and Past Damages Amounts shall not include any amount based on any claim or calculation of treble damages, any other punitive damages, or fines. All claims for treble damages, punitive damages, fines and interest under the RSL, RSC or any other provision of law are hereby waived and released, except as to Opt-Outs. Interest shall be calculated as set forth in paragraph 4 hereof in lieu of statutory interest. The Order and Final Judgment shall provide that because this is a class action, an award of treble damages, punitive damages, and fines would be waived if this Action proceeded to trial.
Waiver of Non-Compensatory Damages. No Party shall be entitled ---------------------------------- to recover from the other Party for any Losses under this Agreement any amount in excess of the actual compensatory damages, court costs and reasonable attorney fees suffered by such Party; and the Buyer and the Seller waive any right to recover consequential damages arising in connection with or with respect to Losses under this Agreement.
Waiver of Non-Compensatory Damages. No Indemnified Party shall be entitled to recover from an Indemnifying Party for any losses, costs, expenses, or damages as to which indemnification is provided under this Agreement any amount in excess of the actual compensatory damages, court costs and reasonable attorney fees, suffered by such party; and Buyer and Seller waive any right to recover punitive, incidental, indirect, special, exemplary and consequential damages resulting from any cause whatsoever, whether arising in contract, warranty, tort (including negligence), strict liability, indemnity or otherwise. It is expressly agreed that no failure by any party to this Agreement to fulfill any condition hereof shall constitute a failure of essential purpose entitling any party to seek consequential, incidental, indirect, punitive, exemplary or special damages.
Waiver of Non-Compensatory Damages. IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT (INCLUDING THE EXHIBITS AND SCHEDULES ATTACHED HERETO) OR ANY TRANSACTION DOCUMENT (INCLUDING LOSS OF PROFITS, USE, DATA, OR OTHER ECONOMIC ADVANTAGE OR DAMAGES CAUSED BY DELAY, IN EACH CASE, THAT CONSTITUTE CONSEQUENTIAL DAMAGES), HOWEVER IT ARISES, WHETHER FROM BREACH OF THIS AGREEMENT OR ANY TRANSACTION DOCUMENT, OR IN TORT, EVEN IF THAT PARTY HAS BEEN PREVIOUSLY ADVISED IN WRITING OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER THE CLAIM OR LOSS IS CAUSED BY OR CONTRIBUTED TO BY THE SOLE, JOINT OR CONCURRENT NEGLIGENCE (IN ANY AMOUNT), STRICT LIABILITY, BREACH OF WARRANTY, BREACH OF CONTRACT, BREACH OF STATUTE, OR OTHER FAULT OR LEGAL LIABILITY OF ANY PARTY OR THIRD PARTY; PROVIDED, HOWEVER, THAT THIS SECTION 11.8 SHALL NOT LIMIT ANY LOSS ACTUALLY PAID TO A THIRD PARTY BY AN INDEMNIFIED PARTY THAT IS SUBJECT TO ANY INDEMNIFICATION, DEFENSE OR HOLD HARMLESS REMEDY IN THIS AGREEMENT.
Waiver of Non-Compensatory Damages. In any action or proceeding between the Parties (including any arbitration proceeding) arising under or with respect to this Agreement or in any manner pertaining to the Hyatt All-Inclusive Resorts or to the relationship of the Parties under this Agreement, each Party hereby unconditionally and irrevocably waives and releases any right, power or privilege either may have to claim or receive from the other Party any punitive or exemplary damages, each Party acknowledging and agreeing that the remedies herein provided and other remedies at law or in equity will in all circumstances be adequate. Both Parties acknowledge that they are experienced in negotiating agreements of this sort, and have had the advice of counsel in connection with, and fully understand the nature of, the waiver contained in this Section 14.
Waiver of Non-Compensatory Damages. (a) With respect to any and all Liabilities for which indemnification may be available under this Agreement, no Indemnifying Parties shall have any liability for any consequential, indirect, punitive, exemplary, remote, speculative (including damages for lost profits or loss of business opportunity of any kind), or special damages with respect to any claim for which an Indemnifying Party may have liability pursuant to this Agreement; provided, however, that this waiver shall not apply to the extent such consequential, indirect, punitive, exemplary, or special damages are awarded in respect of a Third Party Claim.
(b) With respect to any and all Liabilities that may be available to a Party under this Agreement, no Party shall have any liability to the other Parties for any consequential, indirect, punitive, exemplary, remote, speculative (including damages for lost profits or loss of business opportunity of any kind), or special damages with respect to any such Liabilities.
(c) Seller, on behalf of the Seller Indemnified Parties, and Buyer, on behalf of the Buyer Indemnified Parties, waives any right to recover any consequential, indirect, punitive, exemplary, remote, speculative (including damages for lost profits or loss of business opportunity of any kind), or special damages arising in connection with or with respect to this Agreement or the Transaction.
