Common use of Non-Compensatory Damages Clause in Contracts

Non-Compensatory Damages. None of the Buyer Indemnitees nor the Seller Indemnitees shall be entitled to recover from Seller or Buyer, or their respective Affiliates, any indirect, consequential, punitive or exemplary damages or damages for lost profits of any kind or loss of business opportunity arising under or in connection with this Agreement or the transactions contemplated hereby, except to the extent any such party suffers such damages (including costs of defense and reasonable attorneys’ fees incurred in connection with defending of such damages) to a Third Party, which damages (including costs of defense and reasonable attorneys’ fees incurred in connection with defending against such damages) shall not be excluded by this provision as to recovery hereunder. Subject to the preceding sentence, Buyer, on behalf of each of the Buyer Indemnitees, and Seller, on behalf of each of the Seller Indemnitees, waive any right to recover punitive, special, exemplary and consequential damages, including damages for lost profits or loss of business opportunity, arising in connection with or with respect to this Agreement or the transactions contemplated hereby.

Non-Compensatory Damages. None of the Buyer Indemnitees Indemnified Parties nor the Seller Indemnitees Indemnified Parties shall be entitled to recover from Seller or Buyer, or their respective Affiliates, any indirect, consequential, punitive or exemplary damages or damages for lost profits of any kind or loss of business opportunity arising under or in connection with this Agreement or the transactions contemplated hereby, except to the extent any such party suffers such damages (including costs of defense and reasonable attorneys’ attorney’s fees incurred in connection with defending of such damages) to a Third Party, which damages (including costs of defense and reasonable attorneys’ attorney’s fees incurred in connection with defending against such damages) shall not be excluded by this provision as to recovery hereunder. Subject to the preceding sentence, Buyer, on behalf of each of the Buyer IndemniteesIndemnified Parties, and Seller, on behalf of each of the Seller IndemniteesIndemnified Parties, each waive any right to recover punitive, special, exemplary and consequential damages, including damages for lost profits or loss of business opportunity, arising in connection with or with respect to this Agreement or the transactions contemplated hereby.

Non-Compensatory Damages. None of the Buyer Indemnitees Indemnified Parties nor the Seller Indemnitees Indemnified Parties shall be entitled to recover from Seller or Buyer, or their respective Affiliates, any special, indirect, consequential, punitive punitive, exemplary, remote or exemplary damages or speculative damages, including damages for lost profits of any kind or loss of business opportunity arising under or in connection with this Agreement or the transactions contemplated hereby, except to the extent any such party Party suffers such damages (including costs of defense and reasonable attorneys’ attorney’s fees incurred in connection with defending of such damages) to a Third Party, which damages (including costs of defense and reasonable attorneys’ attorney’s fees incurred in connection with defending against such damages) shall not be excluded by this provision as to recovery hereunder. Subject to the preceding sentence, Buyer, on behalf of each of the Buyer IndemniteesIndemnified Parties, and Seller, on behalf of each of the Seller IndemniteesIndemnified Parties, waive any right to recover any special, indirect, consequential, punitive, specialexemplary, exemplary and consequential remote or speculative damages, including damages for lost profits or loss of business opportunityany kind, arising in connection with or with respect to this Agreement or the transactions contemplated hereby.

Non-Compensatory Damages. None of the Buyer Indemnitees Indemnified Parties nor the Seller Indemnitees Indemnified Parties shall be entitled to recover from Seller or Buyer, or their respective Affiliates, any indirect, consequential, punitive or exemplary damages or damages for lost profits of any kind or loss of business opportunity arising under or in connection with this Agreement or the transactions contemplated hereby, except to the extent any such party suffers such damages (including costs of defense and reasonable attorneys’ attorney’s fees incurred in connection with defending of such damages) to a Third Party, which damages (including costs of defense and reasonable attorneys’ attorney’s fees incurred in connection with defending against such damages) shall not be excluded by this provision as to recovery hereunder. Subject to the preceding sentence, Buyer, on behalf of each of the Buyer IndemniteesIndemnified Parties, and Seller, on behalf of each of the Seller IndemniteesIndemnified Parties, waive any right to recover punitive, special, exemplary and consequential damages, including damages for lost profits or loss of business opportunityprofits, arising in connection with or with respect to this Agreement or the transactions contemplated hereby.

Non-Compensatory Damages. None of the Buyer Indemnitees nor the Indemnified Parties or Seller Indemnitees Indemnified Parties shall be entitled to recover from Seller or Buyerany other Party, or their respective Affiliates, any indirect, special, incidental, consequential, punitive punitive, exemplary, remote or exemplary speculative damages or damages for lost profits of any kind to the extent not constituting actual or loss of business opportunity direct damages arising under or in connection with this Agreement or the transactions contemplated hereby, except to the extent any such party Party suffers such damages (including costs of defense and reasonable attorneys’ fees incurred in connection with defending of such damages) to a Third Party, which damages (including costs of defense and reasonable attorneys’ fees incurred in connection with defending against such damages) shall not be excluded by this provision as to recovery hereunder. Subject to the preceding sentence, Buyer, on behalf of each of the Buyer Indemnitees, Indemnified Parties and Seller, on behalf of each of the applicable Seller IndemniteesIndemnified Party, waive any right to recover punitive, special, exemplary and indirect, exemplary, consequential damages, remote or speculative, including damages for lost profits of any kind to the extent not constituting actual or loss of business opportunity, direct damages arising in connection with or with respect to this Agreement or the transactions contemplated hereby.

Non-Compensatory Damages. None of the Buyer Indemnitees Indemnified Parties nor the Seller Indemnitees Indemnified Parties shall be entitled to recover from Seller or Buyer, or their respective Affiliates, any indirectpunitive, consequentialspecial, punitive exemplary or exemplary consequential damages or damages for lost profits of any kind or loss of business opportunity arising under or in connection with this Agreement or the transactions contemplated hereby, except to the extent any such party suffers such damages (including costs of defense and reasonable attorneys’ attorney’s fees incurred in connection with defending of such damages) to a Third Party, which damages (including costs of defense and reasonable attorneys’ attorney’s fees incurred in connection with defending against such damages) shall not be excluded by this provision as to recovery hereunder. Subject to the preceding sentence, Buyer, on behalf of each of the Buyer IndemniteesIndemnified Parties, and Seller, on behalf of each of the Seller IndemniteesIndemnified Parties, waive any right to recover punitive, special, exemplary and consequential damages, including damages for lost profits or loss of business opportunity, arising in connection with or with respect to this Agreement or the transactions contemplated hereby.

Non-Compensatory Damages. None of the Buyer Indemnitees nor the Seller Indemnitees shall be entitled to recover from Seller or Buyer, or their respective Affiliates, any indirect, consequential, punitive or exemplary damages or damages for lost profits profits, of any kind kind, or loss of business opportunity opportunity, arising under or in connection with this Agreement or the transactions contemplated hereby, except to the extent any such party suffers such damages (including costs of defense and reasonable attorneys’ fees incurred in connection with defending of such damages) to a Third Party, which damages (including costs of defense and reasonable attorneys’ fees incurred in connection with defending against such damages) shall not be excluded by this provision as to recovery hereunder. Subject to the preceding sentence, Buyer, on behalf of each of the Buyer Indemnitees, and Seller, on behalf of each of the Seller Indemnitees, waive any right to recover punitive, special, exemplary and consequential damages, including damages for lost profits or loss of business opportunity, arising in connection with or with respect to this Agreement or the transactions contemplated hereby.

Non-Compensatory Damages. None of the Buyer Indemnitees BG Indemnified Parties nor the Seller Indemnitees EXCO Indemnified Parties shall be entitled to recover from Seller EXCO or BuyerBG, or their respective Affiliates, any indirect, consequential, punitive or exemplary damages or damages for lost profits of any kind or loss of business opportunity arising under or in connection with this Agreement or the transactions contemplated hereby, except to the extent any such party Party suffers such damages (including costs of defense and reasonable attorneys’ attorney’s fees incurred in connection with defending of such damages) to a Third Party, which damages (including costs of defense and reasonable attorneys’ attorney’s fees incurred in connection with defending against such damages) shall not be excluded by this provision as to recovery hereunder. Subject to the preceding sentence, BuyerBG, on behalf of each of the Buyer IndemniteesBG Indemnified Parties, and SellerEXCO, on behalf of each of the Seller IndemniteesEXCO Indemnified Parties, waive any right to recover punitive, special, exemplary and consequential damages, including damages for lost profits or loss of business opportunityprofits, arising in connection with or with respect to this Agreement or the transactions contemplated hereby. This section shall not restrict any Party’s right to obtain specific performance or other equitable remedies by way of injunction pursuant to Section 14.2.

Non-Compensatory Damages. None of the Buyer Indemnitees Indemnified Parties nor the Seller Indemnitees Indemnified Parties shall be entitled to recover from Seller or Buyer, or their respective Affiliates, any indirect, consequential, punitive or exemplary damages or damages for lost profits of any kind or loss of business opportunity arising under or in connection with this Agreement or the transactions contemplated hereby, except to the extent any such party Party suffers such damages (including costs of defense and reasonable attorneys’ attorney’s fees incurred in connection with defending of such damages) to a Third Party, which damages (including costs of defense and reasonable attorneys’ attorney’s fees incurred in connection with defending against such damages) shall not be excluded by this provision as to recovery hereunder. Subject to the preceding sentence, Buyer, on behalf of each of the Buyer IndemniteesIndemnified Parties, and Seller, on behalf of each of the Seller IndemniteesIndemnified Parties, waive any right to recover punitive, special, exemplary and consequential damages, including damages for lost profits or loss of business opportunityprofits, arising in connection with or with respect to this Agreement or the transactions contemplated hereby. This section shall not restrict any Party’s right to obtain specific performance or other equitable remedies by way of injunction pursuant to Section 14.2.

Non-Compensatory Damages. None of the Buyer Indemnitees nor the Group or Seller Indemnitees Group shall be entitled to recover from Seller or Buyer, as applicable, or their respective Affiliates, any indirect, consequential, punitive or exemplary damages or damages for lost profits of any kind or loss of business opportunity arising under or in connection with this Agreement or the transactions contemplated herebyby this Agreement, except to the extent any such party Party suffers such damages (including costs of defense and reasonable attorneys’ attorney’s fees incurred in connection with defending of such damages) to a Third Partythird party, which damages (including costs of defense and reasonable attorneys’ attorney’s fees incurred in connection with defending against such damages) shall not be excluded by this provision as to recovery hereunder. Subject to the preceding sentence, Buyer, on behalf of each member of the Buyer IndemniteesGroup, and Seller, on behalf of each member of the Seller IndemniteesGroup, each waive any right to recover punitive, special, exemplary and consequential damages, including damages for lost profits or loss of business opportunityany kind, arising in connection with or with respect to this Agreement or the transactions contemplated herebyby this Agreement. This Section 20.15 shall not restrict any Party’s right to obtain specific performance or other equitable remedies (other than rescission) pursuant to this Agreement.

Non-Compensatory Damages. None of the Buyer Indemnitees nor the Seller Indemnitees shall be entitled to recover from Seller or Buyer, or their respective Affiliates, any indirect, consequential, punitive or exemplary damages or damages for lost profits of any kind or loss of business opportunity arising under or in connection with this Agreement or the transactions contemplated hereby, except to the extent any such party suffers such damages (including costs of defense and reasonable attorneys’ fees incurred in connection with defending of such damages) to a Third Party, which damages (including costs of defense and reasonable attorneys’ fees incurred in connection with defending against such damages) shall not be excluded by this provision as to recovery hereunder. Subject to the preceding sentence, BuyerXxxxx, on behalf of each of the Buyer Indemnitees, and SellerXxxxxx, on behalf of each of the Seller Indemnitees, waive any right to recover punitive, special, exemplary and consequential damages, including damages for lost profits or loss of business opportunity, arising in connection with or with respect to this Agreement or the transactions contemplated hereby.

Non-Compensatory Damages. None Except for recoveries with respect to breaches of Section 4.15 which shall not be limited by this Section 13.11, (i) none of the Buyer Indemnitees Indemnified Parties nor the Seller Indemnitees Indemnified Parties shall be entitled to recover from Seller or Buyer, or their respective Affiliates, any special, indirect, consequential, punitive punitive, exemplary, remote or exemplary damages or speculative damages, including damages for lost profits of any kind or loss of business opportunity arising under or in connection with this Agreement or the transactions contemplated hereby, except to the extent any such party Party suffers such damages (including costs of defense and reasonable attorneys’ attorney’s fees incurred in connection with defending of such damages) to a Third Party, which damages (including costs of defense and reasonable attorneys’ attorney’s fees incurred in connection with defending against such damages) shall not be excluded by this provision as to recovery hereunder. Subject to the preceding sentence, ; and (ii) Buyer, on behalf of each of the Buyer IndemniteesIndemnified Parties, and Seller, on behalf of each of the Seller IndemniteesIndemnified Parties, waive any right to recover any special, indirect, consequential, punitive, specialexemplary, exemplary and consequential remote or speculative damages, including damages for lost profits or loss of business opportunityany kind, arising in connection with or with respect to this Agreement or the transactions contemplated hereby.

Non-Compensatory Damages. None of the Buyer Indemnitees Indemnified Parties nor the Seller Indemnitees Indemnified Parties shall be entitled to recover from Seller or Buyer, or their respective Affiliates, any indirect, consequential, punitive 49 or exemplary damages or damages for lost profits of any kind or loss of business opportunity arising under or in connection with this Agreement or the transactions contemplated hereby, except to the extent any such party suffers such damages (including costs of defense and reasonable attorneys’ attorney's fees incurred in connection with defending of such damages) to a Third Party, which damages (including costs of defense and reasonable attorneys’ attorney's fees incurred in connection with defending against such damages) shall not be excluded by this provision as to recovery hereunder. Subject to the preceding sentence, Buyer, on behalf of each of the Buyer IndemniteesIndemnified Parties, and Seller, on behalf of each of the Seller IndemniteesIndemnified Parties, waive any right to recover punitive, special, exemplary and consequential damages, including damages for lost profits or loss of business opportunityprofits, arising in connection with or with respect to this Agreement or the transactions contemplated hereby.

Non-Compensatory Damages. None of the Buyer Indemnitees Indemnified Parties nor the Seller Indemnitees shall Indemnified Parties will be entitled to recover from Seller or Buyer, or their respective Affiliates, any indirect, consequential, punitive punitive, exemplary, remote or exemplary speculative damages or damages for lost profits of any kind or loss of business opportunity (other than lost profits proven to be direct damages) arising under or in connection with this Agreement or the transactions contemplated hereby, except to the extent any such party Party suffers such damages (including costs of defense and reasonable attorneys’ fees incurred in connection with defending of such damages) to a Third Party, which damages (including costs of defense and reasonable attorneys’ fees incurred in connection with defending against such damages) shall will not be excluded by this provision as to recovery hereunder. Subject to the preceding sentence, Buyer, on behalf of each of the Buyer IndemniteesIndemnified Parties, and Seller, on behalf of each of the Seller IndemniteesIndemnified Parties, waive any right to recover punitive, special, exemplary and indirect, exemplary, consequential damages, remote or speculative, including damages for lost profits or loss of business opportunityany kind (other than lost profits proven to be direct damages), arising in connection with or with respect to this Agreement or the transactions contemplated hereby.

Non-Compensatory Damages. None of the Buyer Indemnitees Indemnified Parties nor the Seller Indemnitees Indemnified Parties shall be entitled to recover from Seller or Buyer, or their respective Affiliates, any indirect, consequential, punitive or exemplary damages or damages for lost profits of any kind or loss of business opportunity arising under or in connection with this Agreement or the transactions contemplated hereby, except to the extent any such party Party suffers such damages (including costs of defense and reasonable attorneys’ attorney’s fees incurred in connection with defending of such damages) to a Third Party, which damages (including costs of defense and reasonable attorneys’ attorney’s fees incurred in connection with defending against such damages) shall not be excluded by this provision as to recovery hereunder. Subject to the preceding sentence, BuyerXxxxx, on behalf of each of the Buyer IndemniteesIndemnified Parties, and Seller, on behalf of each of the Seller IndemniteesIndemnified Parties, waive any right to recover punitive, special, exemplary and consequential damages, including damages for lost profits or loss of business opportunityprofits, arising in connection with or with respect to this Agreement or the transactions contemplated hereby. This section shall not restrict any Party’s right to obtain specific performance or other equitable remedies by way of injunction pursuant to Section 14.2.

Non-Compensatory Damages. None of the Buyer Indemnitees nor the Group or Seller Indemnitees Group shall be entitled to recover from Seller or Buyer, as applicable, or their respective Affiliatesaffiliates, any indirect, consequential, punitive or exemplary damages or damages for lost profits of any kind or loss of business opportunity arising under or in connection with this Agreement or the transactions contemplated herebyby this Agreement, except to the extent any such party Party suffers such damages (including costs of defense and reasonable attorneys’ attorney’s fees incurred in connection with defending of such damages) to a Third Partythird party, which damages (including costs of defense and reasonable attorneys’ attorney’s fees incurred in connection with defending against such damages) shall not be excluded by this provision as to recovery hereunder. Subject to the preceding sentence, Buyer, on behalf of each of the Buyer IndemniteesGroup, and Seller, on behalf of each of the Seller IndemniteesGroup, each waive any right to recover punitive, special, exemplary and consequential damages, including damages for lost profits or loss of business opportunityany kind, arising in connection with or with respect to this Agreement or the transactions contemplated herebyby this Agreement. This Section 20.15 shall not restrict any Party’s right to obtain specific performance or other equitable remedies (other than rescission) pursuant to this Agreement.

Non-Compensatory Damages. None of the Buyer Indemnitees Indemnified Parties nor the Seller Indemnitees Indemnified Parties shall be entitled to recover from Seller or Buyer, or their respective Affiliates, any indirect, consequential, punitive or exemplary damages or damages for lost profits of any kind or loss of business opportunity arising under or in connection with this Agreement or the transactions contemplated hereby, except to the extent any such party suffers such damages (including costs of defense and reasonable attorneys’ attorney’s fees incurred in connection with defending of such damages) to a Third Party, which damages (including costs of defense and reasonable attorneys’ attorney’s fees incurred in connection with defending against such damages) shall not be excluded by this provision as to recovery hereunder. Subject to the preceding sentence, Buyer, on behalf of each of the Buyer IndemniteesIndemnified Parties, and Seller, on behalf of each of the Seller IndemniteesIndemnified Parties, waive any right to recover punitive, special, exemplary and consequential damages, including damages for lost profits or loss of business opportunityprofits, arising in connection with or with respect to this Agreement or the transactions contemplated hereby.

Non-Compensatory Damages. None of the Buyer Indemnitees Indemnified Parties nor the Seller Indemnitees Indemnified Parties shall be entitled to recover from Seller or Buyer, or their respective Affiliates, any special, indirect, consequential, punitive punitive, exemplary, remote or exemplary damages or speculative damages, including damages for lost profits of any kind or loss of business opportunity arising under or in connection with this Agreement or the transactions contemplated hereby, except to the extent any such party Party suffers such damages (including costs of defense and reasonable attorneys’ attorney’s fees incurred in connection with defending of such damages) to a Third Party, which damages (including costs of defense and reasonable attorneys’ attorney’s fees incurred in connection with defending against such damages) shall not be excluded by this provision as to recovery hereunder. Subject to the preceding sentence, BuyerXxxxx, on behalf of each of the Buyer IndemniteesIndemnified Parties, and Seller, on behalf of each of the Seller IndemniteesIndemnified Parties, waive any right to recover any special, indirect, consequential, punitive, specialexemplary, exemplary and consequential remote or speculative damages, including damages for lost profits or loss of business opportunityany kind, arising in connection with or with respect to this Agreement or the transactions contemplated hereby.

Non-Compensatory Damages. None of the Buyer Indemnitees nor the Seller Indemnitees Indemnified Parties or Sellers’ Indemnified Parties shall be entitled to recover from Seller Sellers or Buyer, as applicable, or their respective Affiliates, any indirect, consequential, punitive or exemplary damages or damages for lost profits of any kind or loss of business opportunity arising under or in connection with this Agreement or the transactions contemplated herebyby this Agreement, except to the extent any such party Party suffers such damages (including costs of defense and reasonable attorneys’ attorney’s fees incurred in connection with defending of such damages) to a Third Partythird party, which damages (including costs of defense and reasonable attorneys’ attorney’s fees incurred in connection with defending against such damages) shall not be excluded by this provision as to recovery hereunder. Subject to the preceding sentence, Buyer, on behalf of each of the Buyer IndemniteesIndemnified Parties, and SellerSellers, on behalf of each of the Seller IndemniteesSellers’ Indemnified Parties, each waive any right to recover punitive, special, exemplary and consequential damages, including damages for lost profits or loss of business opportunityany kind, arising in connection with or with respect to this Agreement or the transactions contemplated herebyby this Agreement.

Non-Compensatory Damages. None of the Buyer Indemnitees Indemnified Parties nor the Seller Indemnitees Indemnified Parties shall be entitled to recover from Seller or Buyer, or their respective Affiliates, any indirectpunitive, consequentialspecial, punitive exemplary or exemplary consequential damages or damages for lost profits of any kind or loss of business opportunity arising under or in connection with this Agreement or the transactions contemplated hereby, except to the extent any such party suffers such damages (including costs of defense and reasonable attorneys’ attorney’s fees incurred in connection with defending of such damages) to a Third Party, which damages (including costs of defense and reasonable attorneys’ attorney’s fees incurred in connection with defending against such damages) shall not be excluded by this provision as to recovery hereunder. Subject to the preceding sentence, BuyerXxxxx, on behalf of each of the Buyer IndemniteesIndemnified Parties, and Seller, on behalf of each of the Seller IndemniteesIndemnified Parties, waive any right to recover punitive, special, exemplary and consequential damages, including damages for lost profits or loss of business opportunity, arising in connection with or with respect to this Agreement or the transactions contemplated hereby.