Common use of No Consequential Damages Clause in Contracts

No Consequential Damages. Notwithstanding anything to the contrary elsewhere in this Agreement, no party shall, in any event, be liable to any other Person for any consequential, incidental, indirect, special or punitive damages of such other Person, including loss of future revenue, income or profits, diminution of value or loss of business reputation or opportunity relating to the breach or alleged breach hereof (provided that such limitation with respect to lost profits shall not limit Seller’s right to recover contract damages in connection with Purchaser’s failure to close in violation of this Agreement).

Appears in 5 contracts

Sources: Asset Purchase Agreement (Attis Industries Inc.), Asset Purchase Agreement, Asset Purchase Agreement (Attis Industries Inc.)

No Consequential Damages. Notwithstanding anything to the contrary elsewhere in this Agreement, no party shall, in any event, be liable to any other Person for any consequential, incidental, indirect, special or punitive damages of such other Person, including loss of future revenue, income or profits, diminution of value or loss of business reputation or opportunity relating to the breach or alleged breach hereof (provided that such limitation with respect to lost profits shall not limit Seller’s right to recover contract damages in connection with Purchaser’s failure to close in violation of this Agreement)hereof.

Appears in 5 contracts

Sources: Asset Purchase Agreement (Midway Games Inc), Asset Purchase Agreement (Wattles Mark J), Asset Purchase Agreement (Midway Games Inc)

No Consequential Damages. Notwithstanding anything to To the contrary elsewhere in this Agreement, no party shallmaximum extent permitted under applicable law, in any event, no event shall either party be liable to any the other Person under this agreement for any consequential, incidental, indirect, indirect or incidental or special or exemplary or punitive or consequential damages of such other Person, including or for any loss of future revenue, income or profits, diminution of value profits or loss of business reputation revenue, or opportunity relating to loss of data, or loss of goodwill or work stoppage, computer failure or malfunction, incurred by either party or any third party, regardless of the breach form of action, even if the other party or alleged breach hereof (provided that any other person has been advised of the possibility of such limitation with respect to lost profits shall not limit Seller’s right to recover contract damages in connection with Purchaser’s failure to close in violation of this Agreement)damages.

Appears in 4 contracts

Sources: Partner Agreement (Dynasty Gaming Inc), Partner Agreement (Dynasty Gaming Inc), Partner Agreement (Dynasty Gaming Inc)

No Consequential Damages. Notwithstanding anything to the contrary elsewhere in this Agreement, no party shall, in any event, be liable to any other Person person for any consequential, incidental, indirect, special or punitive damages of such other Personperson, including loss of future revenue, income or profits, diminution of value or loss of business reputation or opportunity relating to the breach or alleged breach hereof (provided that such limitation with respect to lost profits shall not limit Seller’s right to recover contract damages in connection with Purchaser’s failure to close in violation of this Agreement)hereof.

Appears in 4 contracts

Sources: Bitcoin Miner Purchase and Sale Agreement (Lm Funding America, Inc.), Equipment Purchase and Sale Agreement (Cleanspark, Inc.), Equipment Purchase and Sale Agreement (Mawson Infrastructure Group Inc.)

No Consequential Damages. Notwithstanding anything to the contrary elsewhere in this Agreement, no party (or its affiliates) shall, in any event, be liable to any other Person party (or its affiliates) for any consequentialconsequential damages, incidentalincluding, indirectbut not limited to, special or punitive damages of such other Person, including loss of future revenuerevenue or income, income or profitscost of capital, diminution of value or loss of business reputation or opportunity relating to the breach or alleged breach hereof (provided that such limitation with respect to lost profits shall not limit Seller’s right to recover contract damages in connection with Purchaser’s failure to close in violation of this Agreement).

Appears in 3 contracts

Sources: Merger Agreement (Rent a Center Inc De), Asset Purchase Agreement (Rent a Center Inc De), Asset Purchase Agreement (Renters Choice Inc)

No Consequential Damages. Notwithstanding anything to the contrary elsewhere in this Agreement and/or the Agency Agreement, no party shall, in any event, be liable to any other Person for any consequential, incidental, indirect, special or punitive damages of such other Person, including loss of future revenue, income or profits, diminution of value or loss of business reputation or opportunity relating to the breach or alleged breach hereof (provided that such limitation with respect to lost profits shall not limit Seller’s right to recover contract damages in connection with Purchaser’s failure to close in violation of this Agreement).

Appears in 3 contracts

Sources: Asset Purchase Agreement (Sharper Image Corp), Asset Purchase Agreement, Asset Purchase Agreement (Sharper Image Corp)

No Consequential Damages. Notwithstanding anything to the contrary elsewhere in this Agreement, no party shall, in any event, be liable to any other Person party for any consequential, incidental, indirect, special or punitive damages of such other Personparty, including loss of future revenue, income or profits, diminution of value or loss of business reputation or opportunity relating to the breach or alleged breach hereof (provided that such limitation with respect to lost profits shall not limit Seller’s right to recover contract damages in connection with Purchaser’s failure to close in violation of this Agreement)hereof.

Appears in 2 contracts

Sources: Membership Interests and Asset Purchase Agreement, Membership Interest and Asset Purchase Agreement (Catalytica Energy Systems Inc)

No Consequential Damages. Notwithstanding anything to the contrary elsewhere in this Agreement, no party shall, in any event, be liable to any other Person for any consequential, incidental, indirect, special or punitive damages of such other Person, including loss of future revenue, income or profits, diminution of value or loss of business reputation or opportunity relating to the breach or alleged breach hereof (provided that such limitation with respect to lost profits shall not limit SellerParent’s right to recover contract damages in connection with Purchaser’s failure to close in violation of this Agreement).

Appears in 1 contract

Sources: Asset Purchase Agreement

No Consequential Damages. Notwithstanding anything to the contrary elsewhere in this Agreement, no party shall, in any event, be liable to any other Person for any consequential, incidental, indirect, special or punitive damages Damages of such other Person, including loss of future revenue, income or profits, diminution of value or loss of business reputation or opportunity relating to the breach or alleged breach hereof (provided that such limitation with respect to lost profits shall not limit Seller’s right to recover contract damages in connection with Purchaser’s failure to close in violation of this Agreement)hereof.

Appears in 1 contract

Sources: Asset Purchase Agreement (Midway Games Inc)

No Consequential Damages. Notwithstanding anything to the contrary elsewhere in this Agreement, no party shall, in any event, be liable to any other Person for any tort, consequential, incidental, indirect, special or punitive damages of such other Person, including loss of future revenue, income or profits, diminution of value or loss of business reputation or opportunity relating to the breach or alleged breach hereof (provided that such limitation with respect to lost profits shall not limit Seller’s the Company's right to recover contract damages in connection with Purchaser’s 's failure to close in violation of this Agreement).

Appears in 1 contract

Sources: Stock Purchase Agreement (Monsanto Co /New/)

No Consequential Damages. Notwithstanding anything to the contrary elsewhere in this Agreement, except in the case of third party claims, fraud, or criminal misconduct, no party shall, in any event, be liable to any other Person for any consequential, incidental, indirect, special or punitive damages of such other Person, including loss of future revenue, income or profits, diminution of value or loss of business reputation or opportunity relating to the breach or alleged breach hereof (provided that such limitation with respect to lost profits shall not limit Seller’s right to recover contract damages in connection with Purchaser’s failure to close in violation of this Agreement)hereof.

Appears in 1 contract

Sources: Asset Purchase Agreement (Orleans Homebuilders Inc)

No Consequential Damages. Notwithstanding anything to the contrary elsewhere in this Agreement, no party shall, in any event, be liable to any other Person for any consequential, incidental, indirect, special or punitive damages of such other Person, including loss of future revenue, income or profits, diminution of value or loss of business reputation or opportunity relating to the breach or alleged breach hereof (provided that such limitation with respect hereof, except for an indemnifying party’s obligation to lost profits shall not limit Seller’s right to recover contract an indemnified party for consequential, incidental, indirect, special or punitive damages in connection with Purchaser’s failure to close in violation of this Agreement)any third party.

Appears in 1 contract

Sources: Master Formation Agreement (Weatherford International PLC)

No Consequential Damages. Notwithstanding anything to the contrary elsewhere in this Agreement, no party shall, in any event, be liable to any other Person person for any consequential, incidental, indirect, special or punitive damages Damages of such other Person, including loss of future revenue, income or profits, losses based on a multiple of revenue, earnings or profits, losses based on diminution of value or loss of business reputation or opportunity relating to the breach or alleged breach hereof (provided that such limitation with respect to lost profits shall not limit Seller’s right to recover contract damages in connection with Purchaser’s failure to close in violation of this Agreement)hereof.

Appears in 1 contract

Sources: Share Purchase Agreement

No Consequential Damages. Notwithstanding anything to the contrary elsewhere in this Agreement, no party Party shall, in any event, be liable to any other Person for any consequential, incidental, indirect, special or punitive damages of such other Person, including loss of future revenue, income or profits, diminution of value or loss of business reputation or opportunity relating to the breach or alleged breach hereof (provided that such limitation with respect to lost profits shall not limit Seller’s right to recover contract damages in connection with Purchaser’s failure to close in violation of this Agreement)hereof.

Appears in 1 contract

Sources: Investment Agreement (Lodgenet Interactive Corp)

No Consequential Damages. Notwithstanding anything to the contrary elsewhere in this Agreement, no party shall, in any event, be liable to any other Person for any consequential, incidental, indirect, special or punitive damages Damages of such other Person, including loss of future revenue, income or profits, diminution of value or loss of business reputation or opportunity relating to the breach or alleged breach hereof (provided that such limitation with respect to lost profits shall not limit Seller’s right to recover contract damages in connection with Purchaser’s failure to close in violation of this Agreement).hereof. ARTICLE XI TAXES 11.1

Appears in 1 contract

Sources: Asset Purchase Agreement

No Consequential Damages. Notwithstanding anything to the contrary elsewhere in this Agreement, In no party shall, in event will any event, Party be liable to any other Person party of its representatives for any special, indirect, non- compensatory, consequential, incidental, indirect, special punitive or punitive exemplary damages of such other Personany type, including loss of future revenue, income or lost profits, diminution of value or loss of business reputation opportunity or opportunity relating to the breach business interruptions whether arising in contract or alleged breach hereof tort (provided that such limitation with respect to lost profits shall not limit Seller’s right to recover contract damages in connection with Purchaser’s failure to close in violation including negligence, whether sole, joint or concurrent or strict liability) or otherwise, arising out of this Agreement)Agreement and the transaction contemplated herein.

Appears in 1 contract

Sources: Amalgamation Agreement

No Consequential Damages. Notwithstanding anything to the contrary elsewhere in this Agreement, no party shall, in any event, be liable to any other Person for any consequential, incidental, indirect, special special, moral or punitive damages of such other Person, including loss of future revenue, income or profits, diminution of value or loss of business reputation or opportunity relating to the breach or alleged breach hereof (provided that such limitation with respect to lost profits shall not limit Seller’s right to recover contract damages in connection with Purchaser’s failure to close in violation of this Agreement).

Appears in 1 contract

Sources: Note and Equity Purchase Agreement

No Consequential Damages. Notwithstanding anything to the contrary elsewhere in this Agreement, no party shall, in any event, be liable to any other Person for any consequential, incidental, indirect, special consequential or punitive indirect damages of such other Person, including loss of future revenue, income or profits, diminution of value or loss of business reputation or opportunity relating to the breach or alleged breach hereof (provided that such limitation with respect to lost profits shall not limit Seller’s right to recover contract damages in connection with Purchaser’s failure to close in violation of this Agreement)hereof.

Appears in 1 contract

Sources: Asset Purchase Agreement (Nur Macroprinters LTD)

No Consequential Damages. Notwithstanding anything to the contrary elsewhere in this Agreement, no party Party shall, in any event, be liable to any other Person for any consequential, incidental, indirect, special or punitive damages of such other Person, including loss of future revenue, income or profits, diminution of value or loss of business reputation or opportunity relating to the breach or alleged breach hereof (hereof; provided that nothing herein shall limit recovery of such limitation with respect damages to lost profits shall not limit Seller’s right the extent awarded to recover contract damages in connection with Purchaser’s failure to close in violation of this Agreement)a third party.

Appears in 1 contract

Sources: Stock Purchase Agreement (Travelzoo)

No Consequential Damages. Notwithstanding anything to the contrary elsewhere in this Agreement, no party Party (including any of its Subsidiaries) shall, in any event, be liable to any other Person for any consequential, incidental, indirect, special immaterial, speculative, special, or punitive damages Damages of such other Person, including loss of future revenue, income or profits, diminution of value value, or loss of business reputation or opportunity relating to the breach or alleged breach hereof (provided that such limitation with respect to lost profits shall not limit Seller’s right to recover contract damages in connection with Purchaser’s failure to close in violation of this Agreement)hereof.

Appears in 1 contract

Sources: Securities Purchase Agreement (Alamo Group Inc)

No Consequential Damages. Notwithstanding anything to the contrary elsewhere in this AgreementAgreement or provided for under any applicable Law, no party shall, in any event, be liable to any other Person Person, either in contract or in tort, for any consequential, incidental, indirect, special or punitive damages of such other Person, including loss of future revenue, income or profits, diminution of value or loss of business reputation or opportunity relating to the breach or alleged breach hereof (provided that hereof, whether or not the possibility of such limitation with respect damages has been disclosed to lost profits shall not limit Seller’s right to recover contract damages the other party in connection with Purchaser’s failure to close in violation of this Agreement)advance or could have been reasonably foreseen by such other party.

Appears in 1 contract

Sources: Merger Agreement (Susser Holdings CORP)

No Consequential Damages. Notwithstanding anything to the contrary elsewhere in this Agreement, no party shall, in any event, be liable to any other Person for any tort, consequential, incidental, indirect, special or punitive damages of such other Person, including loss of future revenue, income or profits, diminution of value or loss of business reputation or opportunity relating to the breach or alleged breach hereof (provided that such limitation with respect to lost profits shall not limit Seller’s the Company's right to recover contract damages in connection with Purchaser’s Parent's failure to close in violation of this Agreement).

Appears in 1 contract

Sources: Agreement and Plan of Merger (Monsanto Co /New/)

No Consequential Damages. Notwithstanding anything to the contrary elsewhere in this Agreement, no party Party shall, in any event, be liable to any other Person person for any consequential, incidental, indirect, special or punitive damages of such other Personperson, including loss of future revenue, income or profits, diminution of value or loss of business reputation or opportunity relating to the breach or alleged breach hereof (provided that such limitation with respect to lost profits shall not limit Seller’s right to recover contract damages in connection with Purchaser’s failure to close in violation of this Agreement)hereof.

Appears in 1 contract

Sources: Asset Purchase Agreement (Livedeal Inc)

No Consequential Damages. Notwithstanding anything to the contrary elsewhere in this Agreement, no party shall, in any event, be liable to any other Person for any consequential, incidental, indirect, special or punitive damages of such other Person, including loss of future revenue, income or profits, diminution of value or loss of business reputation or opportunity relating to the breach or alleged breach hereof (provided that such limitation with respect to lost profits shall not limit Seller’s 's right to recover contract damages in connection with Purchaser’s 's failure to close in violation of this Agreement).

Appears in 1 contract

Sources: Asset Purchase Agreement (Footstar Inc)

No Consequential Damages. Notwithstanding anything to the contrary elsewhere in this Agreement, no party shall, in any event, be liable to any other Person for any consequential, incidental, indirect, special or punitive damages Damages of such other Person, including loss of future revenue, income or profits, diminution of value or loss of business reputation or opportunity relating to the breach or alleged breach hereof (provided that hereof, unless such limitation Damages are payable to a third party with respect to lost profits shall not limit Seller’s right a Third Party Claim, for which a Party is seeking indemnification hereunder or relate to recover contract damages diminution in connection with Purchaser’s failure to close in violation of this Agreement)value.

Appears in 1 contract

Sources: Stock Purchase Agreement (Katy Industries Inc)

No Consequential Damages. Notwithstanding anything herein to the contrary elsewhere in this Agreementcontrary, no party shall, in any event, be liable to any other Person for any consequential, incidental, indirect, special or punitive damages of such other Person, including loss of future revenue, income or profits, diminution of value or loss of business reputation or opportunity relating to the breach or alleged breach hereof (provided that such limitation with respect to lost profits shall not limit Seller’s right to recover contract damages in connection with Purchaser’s failure to close in violation of this Agreement)hereof.

Appears in 1 contract

Sources: Asset Purchase Agreement (Macquarie Infrastructure CO LLC)

No Consequential Damages. Notwithstanding anything to the contrary elsewhere in this Agreement, no party shall, in any event, be liable to any other Person for any consequential, incidental, indirect, special or punitive damages of such other Person, including loss of future revenue, income or profits, diminution of value or loss of business reputation or opportunity relating to the a breach of or alleged breach hereof (provided that such limitation hereof, except with respect to lost profits shall not limit Seller’s right to recover contract damages in connection with Purchaser’s failure to close in violation of this Agreement)any claim based upon fraud or willful misrepresentation or willful misconduct or criminal acts.

Appears in 1 contract

Sources: Stock Purchase Agreement (Wabash National Corp /De)