No Consequential Damages. To the fullest extent permitted by applicable Law, the Parties shall not assert, and hereby waive, any claim or any such damages, whether or not accrued and whether or not known or suspected to exist in its favor, against any other Party and its respective affiliates, members, members’ affiliates, officers, directors, partners, trustees, employees, attorneys and agents on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) (whether or not the claim therefor is based on Contract, tort or duty imposed by any applicable legal requirement) arising out of, in connection with, or as a result of, this Agreement or of any other agreement between them with respect to the Transactions.
Appears in 12 contracts
Samples: Transaction Agreement (Reit Management & Research Inc.), Transaction Agreement (Reit Management & Research Inc.), Transaction Agreement (Reit Management & Research Inc.)
No Consequential Damages. To the fullest extent permitted by applicable Law, the Parties parties shall not assert, and hereby waive, any claim or any such damages, whether or not accrued and whether or not known or suspected to exist in its favor, against any other Party party and its respective affiliatesAffiliates, members, members’ affiliates, officers, directors, partners, trustees, employees, attorneys and agents on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) (whether or not the claim therefor is based on Contract, tort or duty imposed by any applicable legal requirement) arising out of, in connection with, or as a result of, this Agreement or of any other agreement between them with respect to the TransactionsTransaction.
Appears in 8 contracts
Samples: Stock Purchase Agreement (General Growth Properties, Inc.), Warrant Purchase Agreement (General Growth Properties, Inc.), Warrant Purchase Agreement (Brookfield Retail Holdings LLC)
No Consequential Damages. To the fullest extent permitted by applicable Lawlaw, each of the Parties parties to this Agreement shall not assert, and hereby waivewaives, any claim or any such damages, whether or not accrued and whether or not known or suspected to exist in its or his favor, against any other Party party hereto and its respective affiliatesAffiliates, members, members’ affiliates, officers, directors, partners, trustees, employees, attorneys and agents on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) (whether or not the claim therefor thereof is based on Contractcontract, tort or duty imposed by any applicable legal requirement) arising out of, in connection with, or as a result of, this Agreement or of any other agreement between them with respect to the Transactionsany transaction described herein.
Appears in 6 contracts
Samples: Purchase and Settlement Agreement (Rivernorth Capital Management, LLC), Purchase and Settlement Agreement (Fifth Street Finance Corp.), Purchase and Settlement Agreement (Fifth Street Asset Management Inc.)
No Consequential Damages. To the fullest extent permitted by applicable Law, the Parties parties shall not assert, and hereby waive, any claim or any such damages, whether or not accrued and whether or not known or suspected to exist in its favor, against any other Party party and its respective affiliatesAffiliates, members, members’ affiliates, officers, directors, partners, trustees, employees, attorneys and agents on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) (whether or not the claim therefor is based on Contract, tort or duty imposed by any applicable legal requirement) arising out of, in connection with, or as a result of, this Agreement or of any other agreement between them with respect to the TransactionsTransfer.
Appears in 6 contracts
Samples: Membership Interest Purchase Agreement (Brookfield Retail Holdings VII LLC), Membership Interest Purchase Agreement (Brookfield Retail Holdings VII LLC), Membership Interest Purchase Agreement (Brookfield Retail Holdings VII LLC)
No Consequential Damages. To the fullest extent permitted by applicable Law, the Parties shall not assert, and hereby waive, any claim or any such damages, whether or not accrued and whether or not known or suspected to exist in its favor, against any other Party and its respective affiliatesAffiliates, members, members’ affiliates, officers, directors, partners, trustees, employees, attorneys and agents on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) (whether or not the claim therefor is based on Contract, tort or duty imposed by any applicable legal requirement) arising out of, in connection with, or as a result of, this Agreement or of any other agreement between them with respect to the TransactionsTransaction.
Appears in 5 contracts
Samples: Share Purchase Agreement (Select Income REIT), Share Purchase Agreement (Government Properties Income Trust), Stock Purchase Agreement (CommonWealth REIT)
No Consequential Damages. To the fullest extent permitted by applicable Law, the Parties parties shall not assert, and hereby waive, any claim or any such damages, whether or not accrued and whether or not known or suspected to exist in its favor, against any other Party party and its respective affiliatesAffiliates, members, members’ affiliates, officers, directors, partners, trustees, employees, attorneys and agents on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) (whether or not the claim therefor is based on Contractcontract, tort or duty imposed by any applicable legal requirement) arising out of, in connection with, or as a result of, this Agreement or of any other agreement between them with respect to the TransactionsAgreement.
Appears in 1 contract
No Consequential Damages. To the fullest extent permitted by applicable Law, the Parties parties shall not assert, and hereby waive, any claim or any such damages, whether or not accrued and whether or not known or suspected to exist in its favor, against any other Party party and its respective affiliatesAffiliates, members, members’ affiliatesAffiliates, officers, directors, partners, trustees, employees, attorneys and agents on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) (whether or not the claim therefor is based on Contract, tort or duty imposed by any applicable legal requirement) arising out of, in connection with, or as a result of, this Agreement or of any other agreement between them with respect to the TransactionsTransaction.
Appears in 1 contract
