Limitation of Liability for Certain Damages. In no event shall Lender or any other Lender Party be liable to Borrower or any other Borrower Party on any theory of liability for any special, indirect, consequential or punitive damages (including any loss of profits, business or anticipated savings). BORROWER AND EACH OTHER BORROWER PARTY HEREBY WAIVE, RELEASE AND AGREE NOT TO XXX UPON ANY SUCH CLAIM FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER OR NOT ACCRUED AND WHETHER OR NOT KNOWN OR SUSPECTED TO EXIST IN ITS FAVOR.
Appears in 6 contracts
Samples: Second Loan Modification Agreement (Summit Hotel Properties, Inc.), Second Loan Modification Agreement (Summit Hotel Properties, Inc.), Second Loan Modification Agreement (Summit Hotel Properties, Inc.)
Limitation of Liability for Certain Damages. In no event shall Lender or any other Affiliate of Lender Party be liable to Borrower or any other Borrower Credit Party on any theory of liability for any special, indirect, consequential or punitive damages (including any loss of profits, business or anticipated savings). BORROWER AND EACH OTHER BORROWER CREDIT PARTY HEREBY WAIVE, RELEASE AND AGREE NOT TO XXX SXX UPON ANY SUCH CLAIM FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER OR NOT ACCRUED AND WHETHER OR NOT KNOWN OR SUSPECTED TO EXIST IN ITS FAVOR.
Appears in 3 contracts
Samples: Loan Modification Agreement (Supertel Hospitality Inc), Loan Modification Agreement (Supertel Hospitality Inc), Loan Modification Agreement (Supertel Hospitality Inc)
Limitation of Liability for Certain Damages. In no event shall Lender or any other Affiliate of Lender Party be liable to Borrower or any other Borrower Credit Party on any theory of liability for any special, indirect, consequential or punitive damages (including any loss of profits, business or anticipated savings). BORROWER AND EACH OTHER BORROWER CREDIT PARTY HEREBY WAIVE, RELEASE AND AGREE NOT TO XXX UPON ANY SUCH CLAIM FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER OR NOT ACCRUED AND WHETHER OR NOT KNOWN OR SUSPECTED TO EXIST IN ITS FAVOR.
Appears in 3 contracts
Samples: Loan Modification Agreement (Supertel Hospitality Inc), Loan Modification Agreement (Supertel Hospitality Inc), Loan Waiver and Collateral Agreement (Supertel Hospitality Inc)
Limitation of Liability for Certain Damages. In no event shall Lender or any other Lender Party be liable to Borrower or any other Borrower Party on any theory of liability for any special, indirect, consequential or punitive damages (including any loss of profits, business or anticipated savings). BORROWER HEREBY WAIVES, RELEASES AND EACH OTHER BORROWER PARTY HEREBY WAIVE, RELEASE AND AGREE AGREES NOT TO XXX UPON ANY SUCH CLAIM FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER OR NOT ACCRUED AND WHETHER OR NOT KNOWN OR SUSPECTED TO EXIST IN ITS FAVOR.
Appears in 1 contract
Limitation of Liability for Certain Damages. In no event shall Lender or any other Affiliate of Lender Party be liable to Borrower or any other Borrower Credit Party on any theory of liability for any special, indirect, consequential or punitive damages (including any loss of profits, business or anticipated savings). BORROWER AND EACH OTHER BORROWER CREDIT PARTY HEREBY WAIVE, RELEASE AND AGREE NOT TO XXX SXX UPON ANY SUCH CLAIM FOR 11 ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER OR NOT ACCRUED AND WHETHER OR NOT KNOWN OR SUSPECTED TO EXIST IN ITS FAVOR.
Appears in 1 contract
Samples: Loan Modification Agreement (Supertel Hospitality Inc)
Limitation of Liability for Certain Damages. In no event shall Agent, any Lender or any other Lender Party of their respective Related Persons be liable to Borrower or any other Borrower Credit Party on any theory of liability for any special, indirect, consequential or punitive damages (including any loss of profits, business or anticipated savings). BORROWER AND EACH OTHER BORROWER CREDIT PARTY HEREBY WAIVE, RELEASE AND AGREE NOT TO XXX UPON ANY SUCH CLAIM FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER OR NOT ACCRUED AND WHETHER OR NOT KNOWN OR SUSPECTED TO EXIST IN ITS FAVOR.
Appears in 1 contract
Samples: Loan Agreement (Lightstone Value Plus Real Estate Investment Trust III, Inc.)
Limitation of Liability for Certain Damages. In no event shall Lender or any other Lender Party be liable to Borrower or any other Borrower Credit Party on any theory of liability for any special, indirect, consequential or punitive damages (including any loss of profits, business or anticipated savings). BORROWER AND EACH OTHER BORROWER CREDIT PARTY HEREBY WAIVE, RELEASE AND AGREE NOT TO XXX UPON ANY SUCH CLAIM FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER OR NOT ACCRUED AND WHETHER OR NOT KNOWN OR SUSPECTED TO EXIST IN ITS FAVOR.
Appears in 1 contract
Samples: Loan Modification Agreement (Supertel Hospitality Inc)
