Common use of No Consequential Damages Clause in Contracts

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 party (or its affiliates) for any consequential damages, including, but not limited to, loss of revenue or income, cost of capital, or loss of business reputation or opportunity relating to the breach or alleged breach 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, The parties hereto expressly acknowledge and agree that no party (or its affiliates) shall, in hereto shall have any event, be liable to liability under any other party (or its affiliates) provision of this Agreement for any consequential punitive, incidental, consequential, special or indirect damages, including, but not limited toincluding business interruption, loss of revenue future revenue, profits or income, cost of capital, or loss of business reputation or opportunity relating to the breach or alleged breach of this Agreement.

Appears in 3 contracts

Sources: Agreement and Plan of Merger (STR Holdings LLC), Agreement and Plan of Merger (STR Holdings (New) LLC), Merger Agreement (Sun Healthcare 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 party (or its affiliates) for any consequential damagesconsequential, includingincidental, but not limited tospecial or punitive damages of such other party, including loss of revenue future revenue, income or incomeprofits, cost diminution of capital, value or loss of business reputation or opportunity relating to the breach or alleged breach of this Agreementhereof.

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 AgreementAgreement or provided for under any applicable law, no party (or its affiliates) shallParty will, in any event, be liable to any other party (Party, either in contract, in tort or its affiliates) otherwise, for any consequential damagesconsequential, includingincidental, but not limited toindirect, loss of revenue or income, cost of capitalspecial, or loss punitive damages of business reputation such other Party whether or opportunity relating not the possibility of such damages has been disclosed to the breach such other Party in advance or alleged breach of this Agreementcould have been reasonably foreseen by such other Party.

Appears in 2 contracts

Sources: Contribution Agreement (Contango ORE, Inc.), Contribution Agreement (Contango ORE, Inc.)

No Consequential Damages. Notwithstanding anything to the contrary elsewhere in this Agreement, no party (or its affiliatesAffiliates) shall, in any event, be liable to any other party (or its affiliatesAffiliates) for any consequential damages, including, but not limited to, loss of revenue or income, cost of capital, or loss of business reputation or opportunity relating to the breach or alleged breach of this Agreement.

Appears in 2 contracts

Sources: Merger Agreement (Rent a Center Inc De), Merger Agreement (Rainbow Rentals Inc)

No Consequential Damages. Notwithstanding anything to the contrary elsewhere in this Agreementcontained herein, no party (or its affiliates) shall, in any event, to this agreement shall be liable to or otherwise responsible to any other party (hereto or its affiliates) any affiliate of any other party hereto for consequential, incidental or punitive damages or for diminution in value or lost profits that arise out of or relate to this agreement or the performance or breach thereof or any consequential damages, including, but not limited to, loss of revenue liability retained or income, cost of capital, or loss of business reputation or opportunity relating to the breach or alleged breach of this Agreementassumed hereunder.

Appears in 2 contracts

Sources: Stock and Asset Purchase Agreement (Pfizer Inc), Asset Purchase Agreement (American Medical Systems Holdings Inc)

No Consequential Damages. Notwithstanding anything to the contrary that may be contained elsewhere in this Agreement, no party (or its affiliatesAffiliates) shall, in any event, be liable to any other party (or its affiliatesAffiliates) for any consequential damages, damages including, but not limited to, loss of revenue or income, cost of capital, or loss of business reputation or opportunity relating to the breach or alleged breach of this Agreement.

Appears in 2 contracts

Sources: Asset Purchase Agreement (Sports Club Co Inc), Asset Purchase Agreement (Sports Club Co Inc)

No Consequential Damages. Notwithstanding anything to the contrary elsewhere contained in this Agreement, in no party (or its affiliates) shall, in event shall any event, Party be liable to any the other party (or its affiliates) Party for any incidental, indirect, special, punitive or consequential damages, including, but not limited to, loss of revenue or income, cost of capital, or loss of business reputation or opportunity relating to the breach or alleged breach of this Agreementdamages that such other Party may suffer.

Appears in 2 contracts

Sources: Purchase and Sale Agreement (Valero Energy Corp/Tx), Light Products Off Take Agreement (Valero Energy Corp/Tx)

No Consequential Damages. Notwithstanding anything to the contrary elsewhere in this AgreementAgreement (including, without limitation, the provisions of Article XI), no party (or its affiliatesAffiliates) shall, in any event, be liable to any any/the other party (or its affiliatesAffiliates) for any consequential or punitive damages, including, but not limited to, loss of revenue or income, cost of capital, or loss of business reputation or opportunity relating to the breach or alleged breach of this Agreement.

Appears in 2 contracts

Sources: Asset Purchase Agreement (Cypress Bioscience Inc), Asset Purchase Option Agreement (Cypress Bioscience Inc)

No Consequential Damages. Notwithstanding anything In no event will any party to the contrary elsewhere in this Agreement, no party (or its affiliates) shall, in any event, Agreement be liable to any other party (or its affiliates) for any punitive, exemplary, indirect, special, incidental or consequential damages, includingincluding lost profits or savings, but not limited to, loss of revenue or income, cost of capital, damage to business reputation or loss of business reputation or opportunity relating to the breach or alleged breach of this Agreementopportunity.

Appears in 2 contracts

Sources: Asset Purchase Agreement, Asset Purchase Agreement (New Century Financial Corp)

No Consequential Damages. Notwithstanding anything to the contrary elsewhere in this Agreement, The parties hereto expressly acknowledge and agree that no party (or its affiliates) shall, in hereto shall have any event, be liable to liability under any other party (or its affiliates) provision of this Agreement for any consequential punitive, incidental, consequential, special or indirect damages, including, but not limited toincluding business interruption, loss of revenue future revenue, profits or income, cost of capital, or loss of business reputation or opportunity relating to the breach or alleged breach of this Agreement (other than in the case of fraud or willful breach of this Agreement).

Appears in 2 contracts

Sources: Asset Purchase Agreement (Xanser Corp), Asset Purchase Agreement (Flowserve Corp)

No Consequential Damages. Notwithstanding anything to the contrary elsewhere in this Agreement, no party (or its affiliatesAffiliates) shall, in any event, be liable to any other party (or its affiliatesAffiliates) for any consequential or punitive damages, including, but not limited to, loss of revenue or income, cost of capital, or loss of business reputation or opportunity relating to the breach or alleged breach of this Agreement.

Appears in 1 contract

Sources: Stock Exchange Agreement (Dole Food Company Inc)

No Consequential Damages. Notwithstanding anything to the ------------------------ contrary elsewhere in this Agreement, no party (or its affiliatesAffiliates) shall, in any event, be liable to any the other party (or its affiliatesAffiliates) for any consequential consequential, special or punitive damages, including, but not limited to, loss of future revenue or income, cost of capital, or loss of business reputation or opportunity relating to the breach or alleged breach of this Agreement.

Appears in 1 contract

Sources: Stock Purchase Agreement (Ch2m Hill Companies LTD)

No Consequential Damages. Notwithstanding anything to the contrary elsewhere in any other provision of this Agreement, no neither party (or its affiliates) shall, in any event, shall be liable to any the other party (or its affiliates) for any consequential damagesdamages incurred due to the fault of the other party, includingregardless of the nature of this fault or whether it was committed by the Client or ▇▇▇▇▇▇▇ Associates, LLC, their employees, agents, or subconsultants. Consequential damages include, but are not limited to, loss of revenue or income, cost of capital, or use and loss of business reputation or opportunity relating to the breach or alleged breach of this Agreementprofit.

Appears in 1 contract

Sources: Standard Terms & Conditions

No Consequential Damages. Notwithstanding anything to the contrary elsewhere in this Agreement, no party (or its affiliatesAffiliates) shall, in any event, be liable to any the other party parties (or its affiliatesAffiliates) for any consequential consequential, special or punitive damages, including, but not limited to, loss of future revenue or income, cost of capital, or loss of business reputation or opportunity relating to the breach or alleged breach of this Agreement.

Appears in 1 contract

Sources: Stock Purchase Agreement (North American Nickel 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 party (or its affiliates) for any consequential damages, including, but not limited to, loss of revenue or income, cost of capital, or loss of business reputation or opportunity relating to the breach or alleged breach of this Agreement.. ASSET PURCHASE AGREEMENT

Appears in 1 contract

Sources: Asset Purchase Agreement (Rent Way Inc)

No Consequential Damages. Notwithstanding anything to the contrary elsewhere in this Agreement, no party (or its affiliatesAffiliates) shall, in any event, be liable to any other party (or its affiliatesAffiliates) for any consequential damages, including, but not limited to, loss of revenue or income, cost of capital, or loss of business reputation or opportunity relating to the breach or alleged breach of this Agreement.

Appears in 1 contract

Sources: Stock Purchase and Contribution Agreement (Western Investment Real Estate Trust)

No Consequential Damages. Notwithstanding anything to the contrary elsewhere contained in this Agreement, under no party (circumstance shall a Party or any of its affiliates) shall, in any event, Affiliates be held liable to the other Party or any of the other party (or its affiliates) Party’s Affiliates for any consequential damages, including, but not limited toloss of profit, loss of revenue use, loss of production, loss of contracts or income, cost of capitalfor any other indirect or consequential damage that may be suffered by the other, or loss of business reputation for any special, exemplary or opportunity relating to the breach or alleged breach of this Agreementpunitive damages.

Appears in 1 contract

Sources: Norco Site Services, Utilities, Materials and Facilities Agreement (Hexion Specialty Chemicals, Inc.)

No Consequential Damages. Notwithstanding anything to the contrary elsewhere in this Agreement, no party (or its affiliates) shall, in any event, Party will be liable to any other party (or its affiliates) for any consequential damages, includinglost profits, but not limited tolost savings, loss of revenue or income, cost of capitalanticipated revenue, or loss any exemplary, punitive, special or indirect damages of business reputation the other Party pursuant to or opportunity relating in any way connected to the breach or alleged breach of this Agreement, whether arising in contract (including fundamental breach), tort (including negligence) or otherwise and whether or not such damages could reasonably be foreseen or whether or not such Party has been advised of or was aware of the possibility of such damages in advance.

Appears in 1 contract

Sources: Industry Funded Research Collaboration Agreement (Nuclea Energy Inc.)

No Consequential Damages. Notwithstanding anything to the contrary elsewhere in this Agreement, no party (or its affiliates) Party shall, in any event, be liable to any other party (or its affiliates) person for any consequential damagesconsequential, includingincidental, but not limited toindirect, special or punitive damages of such other person, including loss of revenue future revenue, income or income, cost of capitalprofits, or loss of business reputation or opportunity relating to the breach or alleged breach of this Agreementhereof.

Appears in 1 contract

Sources: Asset Purchase Agreement (Livedeal Inc)

No Consequential Damages. Notwithstanding anything to the contrary elsewhere in this Agreement, no party (or its affiliatesGroup members) shall, in any event, be liable to any other party (or its affiliatesGroup members) for any consequential damages, including, but not limited to, loss of revenue or income, cost of capital, or loss of business reputation or opportunity relating to the breach or alleged breach of this Agreement, except for consequential damages, if any, that comprise a portion of an indemnifiable Loss under Article VIII.

Appears in 1 contract

Sources: Stock Purchase Agreement (Perot Systems Corp)

No Consequential Damages. Notwithstanding anything to the contrary elsewhere in this Agreement, no party (or any of its affiliatesAffiliates) shall, in any event, be liable to any other party (or any of its affiliatesAffiliates) for any consequential consequential, incidental, indirect, special, exemplary or punitive damages of such other party (or any of its Affiliates), even if the other party has been advised of the possibility of such damages, includingincluding without limitation, but not limited to, damages for loss of revenue future revenue, income or incomeprofits, cost diminution of capital, value or loss of business reputation or opportunity relating to the breach or alleged breach hereof, except to the extent arising from the willful misconduct of this Agreementa party hereto.

Appears in 1 contract

Sources: Asset Purchase Agreement (C&d Technologies Inc)

No Consequential Damages. Notwithstanding anything to the contrary ------------------------ elsewhere in this Agreement, no party (or any of its affiliatesAffiliates) shall, in any event, be liable to any other party (or any of its affiliatesAffiliates) for any consequential damagesconsequential, includingincidental, but not limited tospecial or punitive damages of such other party (or any of its Affiliates), including loss of revenue future revenue, income or incomeprofits, cost diminution of capital, value or loss of business reputation or opportunity relating to the breach or alleged breach of this Agreementhereof.

Appears in 1 contract

Sources: Asset Purchase Agreement (Agway Inc)

No Consequential Damages. Notwithstanding anything in this Agreement to the contrary elsewhere in this Agreementcontrary, no party (Party or its affiliates) shallAffiliates, in any eventor their respective Representatives, shall be liable to any other party (or its affiliates) for any consequential damages, including, but not limited to, loss of revenue or income, cost of capital, or loss of business reputation or opportunity relating to the breach or alleged breach of this AgreementNon-Reimbursable Damages.

Appears in 1 contract

Sources: Build Transfer Agreement (Public Service Co of New Mexico)

No Consequential Damages. Notwithstanding anything to the contrary elsewhere in this Agreement, no party (or its affiliatesAffiliates) shall, in any event, be liable to any the other party (or its affiliatesAffiliates) for any consequential damages, including, but not limited to, loss of revenue or income, cost of capital, or loss of business reputation or opportunity relating to the breach or alleged breach of this Agreement.

Appears in 1 contract

Sources: Asset Purchase Agreement (Goodman Conveyor Co)

No Consequential Damages. Notwithstanding anything to the contrary elsewhere in this Agreement, no party (or its affiliatesAffiliates) shall, in any event, be liable to any the other party (or its affiliatesany other Person) for any punitive, indirect or consequential damages, including, but not limited to, lost profits, loss of revenue or incomerevenue, cost of capital, capital or loss of business reputation or opportunity relating to the breach or alleged breach of this Agreement.

Appears in 1 contract

Sources: Stock Purchase Agreement (Celestica Inc)

No Consequential Damages. Notwithstanding anything to the contrary elsewhere in this Agreement, no No party (or its affiliatesAffiliates) shall, in any event, be liable to any other party (or its affiliatesAffiliates) for any consequential damages, including, but not limited to, loss of revenue or income, cost of capital, or loss of business reputation or opportunity relating to the breach or alleged breach of this Agreement.

Appears in 1 contract

Sources: Asset Purchase Agreement (Nn Inc)

No Consequential Damages. Notwithstanding anything contained in this Agreement to the contrary elsewhere contrary, neither Party shall be liable to the other, any other person, for indirect, special, incidental, consequential, exemplary or punitive damages or lost profits or business arising out or related to this Agreement, or to the performance or breach of any of the warranties, representations or covenants contained in this Agreement, no party (or its affiliates) shall, in any event, be liable to any other party (or its affiliates) for any consequential damages, including, but not limited to, loss of revenue or income, cost of capital, or loss of business reputation or opportunity relating to the breach or alleged breach of this Agreement.

Appears in 1 contract

Sources: Asset Purchase Agreement (Lason Inc)

No Consequential Damages. Notwithstanding anything to the contrary elsewhere in this Agreement, no party (or its affiliatesAffiliates) shall, in any event, be liable to any other party (or its affiliatesAffiliates) for any consequential damages, including, but not limited to, loss of revenue or income, cost of capital, or loss of business reputation or opportunity relating to the breach or alleged breach of this Agreement. The foregoing shall not be deemed to limit Purchaser's right to specific performance with respect to Sections 3.1, 8.3, 8.4, 8.6 and 10.

Appears in 1 contract

Sources: Stock Purchase Agreement (Communication Telesystems International)

No Consequential Damages. Notwithstanding anything to the contrary elsewhere contained in this Agreement, under no circumstances shall any party (or its affiliates) shall, in any event, be liable to any other party for indirect, incidental, consequential, special or exemplary damages (or its affiliates) for even if such party has been advised of the possibility of such damages), arising from any consequential damagesprovision of this agreement, includingsuch as, but not limited to, loss of revenue or income, cost of capital, anticipated profits or loss of business reputation or opportunity relating to the breach or alleged breach of this Agreementlost business.

Appears in 1 contract

Sources: License Agreement (Inter Parfums Inc)

No Consequential Damages. Notwithstanding anything to the contrary elsewhere in any provision of this Agreement, no party (or its affiliates) shallshall be liable, in any event, be liable to any other party (or its affiliates) for any consequential special or punitive damages, including, but not limited to, including loss of revenue or income, cost diminution in value of capital, securities or loss of business reputation or opportunity relating to the breach or alleged breach of this Agreement, except to the extent that such damages are paid or payable to a third party by such other party.

Appears in 1 contract

Sources: Merger Agreement (Berry Plastics Corp)

No Consequential Damages. Notwithstanding anything herein to the contrary elsewhere in this Agreement, no party (or its affiliates) shallcontrary, in no event shall any event, party be liable to any the other party party, whether in contract, tort (including negligence), strict liability, or its affiliates) otherwise for any consequential damagesindirect, includingincidental, but not limited toconsequential, loss of revenue or income, cost of capitalspecial, or loss punitive damages arising out of business reputation or opportunity relating to the breach or alleged breach of resulting from this Agreement.

Appears in 1 contract

Sources: Asset Sale Agreement (Nant Health, LLC)

No Consequential Damages. Notwithstanding anything to the contrary elsewhere contained in this Agreement, in no event shall a party (or its affiliates) shall, in any event, hereto be liable to the other parties hereto or any other party (Managing Director, officer or its affiliates) employee of the Company for any special, incidental or consequential damages, including, but not limited to, loss of revenue or income, cost of capital, or loss of business reputation or opportunity relating to the breach or alleged breach of this Agreement.

Appears in 1 contract

Sources: Shareholders Agreement (America Movil Sa De Cv/)