Consequential Damages, Etc. To the fullest extent permitted by applicable law, the Borrower agrees that it will not assert, and hereby waives, any claim against any Indemnitee, on any theory of liability, for special, indirect, consequential, exemplary or punitive damages (as opposed to direct or actual 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 thereof. No Indemnitee shall be liable for any damages arising from the use by unintended recipients of any information or other materials distributed by it through telecommunications, electronic or other information transmission systems in connection with this Agreement or the other Loan Documents or the transactions contemplated hereby or thereby.
Consequential Damages, Etc. Neither Lender nor agent or attorney of Lender, shall be liable for any special, indirect, exemplary, punitive or consequential damages arising from any breach of contract, tort or other wrong relating to the establishment, administration or collection of the Obligations.
Consequential Damages, Etc. To the fullest extent permitted by Applicable Law, the Borrower agrees that it will not assert, and hereby waives, and acknowledges that no other Person shall have, any claim against any Indemnitee, on any theory of liability, for special, indirect, consequential, exemplary or punitive damages (as opposed to direct or actual 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 thereof. No Indemnitee shall be liable for any damages arising from the use by unintended recipients of any information or other materials distributed by it through telecommunications, electronic or other information transmission systems in connection with this Agreement or the other Loan Documents or the transactions contemplated hereby or thereby.
Consequential Damages, Etc. In no event shall either party be liable for any consequential, incidental, special or punitive damages, regardless of whether an action is brought in tort, contract or any other theory.
Consequential Damages, Etc. To the fullest extent permitted by Applicable Law, the Borrower agrees that it will not assert, and hereby waives, and acknowledges that no other Person shall have, any claim against the Administrative Agent (and any sub-agent thereof), any Arranger, any Lender, any L/C Issuer and each Related Party of any of the foregoing Persons (each such Person, a “Released Party”), on any theory of liability, for special, indirect, consequential, exemplary or punitive damages (as opposed to direct or actual 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 Letter of Credit or the use of the proceeds thereof. No Released Party shall be liable for any damages arising from the use by unintended recipients of any information or other materials distributed by it through telecommunications, electronic or other information transmission systems in connection with this Agreement or the other Loan Documents or the transactions contemplated hereby or thereby.
Consequential Damages, Etc. In no event will Aditech, its respective shareholders, directors, officers, employees or its Affiliates be liable to Forward, its assignees, its Affiliates or Licensees, for any economic, special, incidental, or indirect, consequential, punitive or exemplary damages or for any loss of data, loss of revenue or earnings, loss of profits or business interruption or for damages or losses of Third Parties, whether or not foreseeable and whether suffered in tort (including negligence), contract or otherwise relating to this Agreement.
Consequential Damages, Etc. In no event shall Seller be ----------------------------- responsible or liable for any Losses or other amounts under this Article IX that are consequential in the nature of lost profits, special or punitive or otherwise not actual damages; provided, however, that the foregoing exclusion -------- ------- shall not apply to Losses incurred in any Third Party Action that are consequential, special or punitive or otherwise not actual damages. Each Party shall (and shall cause its Affiliates to) use reasonable commercial efforts to pursue all legal rights and remedies available in order to minimize the Damages for which indemnification is provided to it under this Article IX including making available to the Indemnifying Party copies of all relevant insurance policies and warranties and the ability to enforce rights owned or held by the Indemnified Party.
Consequential Damages, Etc. Each Party shall be liable for direct --------------------------- contract damages for any breach of this Agreement, but shall not be liable to the other Party, whether based in contract, in tort (including negligence and strict liability), under warranty, or otherwise, for any special, indirect, incidental, or consequential loss or damage whatsoever, including damage to or loss of property or equipment (except for Operator's responsibility to pay deductibles under the property insurance on the Facility as set forth in Article 12.2(d)), loss of use of equipment or power system, loss of profits or revenues, increased costs of any kind, including capital cost, raw material cost and cost of Facility production, or claims of any customers of Lessee, in each case to the extent constituting special, indirect, incidental, or consequential damages. For purposes of this Article 14.1, any costs of performing the Work incurred by Operator in excess of amounts payable by Lessee pursuant to Article 5 shall not be deemed to be special, indirect, incidental, or consequential damages.
