Limited to Actual Damages. The indemnification obligations of the parties pursuant to this Article XI shall be limited to actual Buyer’s Losses or Sellers’ Losses, as the case may be, and shall not include incidental, consequential, indirect, punitive, or exemplary damages, provided that any incidental, consequential, indirect, punitive, or exemplary damages recovered by a third party (including a Governmental Entity, but excluding any Affiliate of any party) against a party entitled to indemnity pursuant to this Article XI shall be included in the damages recoverable under such indemnity.
Limited to Actual Damages. The indemnification obligations of the parties hereto pursuant to this Article 9 shall be limited to actual damages and shall not include incidental, consequential, indirect, punitive, or exemplary damages, provided that any incidental, consequential, indirect, punitive, or exemplary damages recovered by a third party (including a Governmental Entity, but excluding any Affiliate of any party) against a party entitled to indemnity pursuant to this Article 9 shall be included in the damages recoverable under such indemnity.
Limited to Actual Damages. The obligations of the parties under this Agreement, including the indemnification obligations of the parties provided in Section 7.1(f) and Article X, will be limited to actual Damages and will not include incidental, consequential, indirect, punitive, special or exemplary Damages or Damages for lost profits (except for lost profits that constitute direct damages with respect to a breach of Section 4.13 (Contracts)), provided that any incidental, consequential, indirect, punitive, special or exemplary Damages recovered by a third Person (including a Governmental Entity, but excluding any Affiliate of any party) against a party entitled to indemnity pursuant to Article X will be included in the Damages recoverable from the indemnitor under such indemnity.
Limited to Actual Damages. The indemnification obligations of the parties pursuant to Section 2.7, Section 6.2, Section 6.3, Section 9.1, Section 9.3, Section 9.4, Section 13.5 and this Article XII shall be limited to actual Buyer’s Losses or Seller’s Losses, as the case may be, and shall not include incidental, consequential, indirect, punitive, or exemplary damages, provided that any incidental, consequential, indirect, punitive, or exemplary damages recovered by a third party (including a Governmental Entity, but excluding any Affiliate of any party) against a party entitled to indemnity shall be included in the damages recoverable under such indemnity.
Limited to Actual Damages. The indemnification obligations of the parties under this Article 1 shall be limited to direct losses, and shall not include incidental, special, consequential, indirect, punitive, or exemplary Damages, provided that any such Damages recovered by a third party (including a Governmental Authority, but excluding any DEM Indemnified Person or any Company Indemnified Person) against a Person entitled to indemnification pursuant to this Article 1 shall be included in the Damages recoverable under such indemnity. This limitation of liability shall apply even if DEM or Company has been made aware of the possibility of such loss. Separately, to the fullest extent allowed by law, neither DEM nor Company shall be liable to the other for punitive or statutorily enhanced damages.
Limited to Actual Damages. The indemnification obligations of the parties shall be limited to actual damages or loss and shall not include incidental, consequential, indirect, punitive or exemplary damages.
Limited to Actual Damages. Section 12.7.
Limited to Actual Damages. EXCEPT WITH RESPECT TO ACTUAL FRAUD, THE OBLIGATIONS OF THE PARTIES FOR INDEMNIFICATION PURSUANT TO THIS ARTICLE XI SHALL BE LIMITED TO ACTUAL DAMAGES AND SHALL NOT INCLUDE INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING ANY LOST PROFITS, LOST SALES, BUSINESS INTERRUPTION OR LOST BUSINESS OPPORTUNITIES); provided that any incidental, consequential, indirect, punitive or exemplary Damages (including any lost profits, lost sales, business interruption or lost business opportunities) recovered by a Third Party against a party entitled to indemnity pursuant to this Article XI shall be included in the Damages recoverable or allocated hereunder to such indemnity. Notwithstanding the foregoing, nothing herein shall limit the right of any Party to specific performance.
Limited to Actual Damages. Any claim for Damages prior to Closing and the indemnification obligations of the parties provided in this Article XI will be limited to actual Damages (including (i) lost profits with respect to a breach of Section 4.13 (Contracts) and (ii) lost profits with respect to a breach of Section 4.6 (Non-Contravention), 4.10 (Pending Litigation), 4.11 (Compliance with Laws; Permits) or 4.14 (Environmental Matters) that results in an injunction or similar action of a Governmental Entity requiring the cessation of the operation of any Treating Assets) and will not include speculative, remote, indirect, consequential, punitive or exemplary Damages, provided that any speculative, remote, indirect, consequential, punitive or exemplary Damages recovered by a third Person (including a Governmental Entity, but excluding any Affiliate of any party) against a party entitled to indemnity pursuant to this Article XI will be included in the Damages recoverable under such indemnity. No statement in this Agreement specifying that any particular lost profit shall constitute actual Damages shall be deemed to imply that any other lost profit does not constitute actual Damages; any determination with respect to whether any other lost profit is an actual Damage shall be determined in accordance with Applicable Law as if this Agreement contained no statement with respect to lost profits.
Limited to Actual Damages. THE INDEMNIFICATION OBLIGATIONS OF THE PARTIES PURSUANT TO THIS ARTICLE XII SHALL BE LIMITED TO ACTUAL DAMAGES AND SHALL NOT INCLUDE INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE, OR EXEMPLARY DAMAGES, PROVIDED THAT ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE, OR EXEMPLARY DAMAGES RECOVERED BY A THIRD PARTY (INCLUDING A GOVERNMENTAL ENTITY, BUT EXCLUDING ANY AFFILIATE OF ANY PARTY) AGAINST A PARTY ENTITLED TO INDEMNITY PURSUANT TO THIS ARTICLE XII SHALL BE INCLUDED IN THE DAMAGES RECOVERABLE UNDER SUCH INDEMNITY.
