Maximum Liability Amount. Notwithstanding anything to the contrary in this Agreement, except for the Company’s indemnity obligations under Section 5 and the City’s obligation to make TIF Payments to the Company, neither the Company’s nor the City’s net liability under the Agreement shall exceed Ten Million Dollars ($10,000,000.00) (the “Maximum Liability Amount”). Except in connection with such indemnity obligations, in no event will the Company be liable to the City, nor the City to the Company, for (i) any damages, liabilities, fees, costs, expenses, penalties, diminishments in value, losses or payments that exceed, in the aggregate, the Maximum Liability Amount, or (ii) any indirect, reliance, exemplary, incidental, speculative, punitive, special, consequential of similar damages that may arise in connection with this Agreement.
Appears in 3 contracts
Sources: Tax Increment Financing Agreement, Tax Increment Financing Agreement, Tax Increment Financing Agreement