Common use of Non-Compensatory Damages Clause in Contracts

Non-Compensatory Damages. None of the Parties shall be entitled to recover from any other Party, or such Parties respective Affiliates, any indirect, consequential, punitive or exemplary damages or damages for lost profits of any kind arising under or in connection with this Agreement, the Associated Agreements or the transactions contemplated hereby or thereby, except to the extent any such Party suffers such damages (including costs of defense and reasonable attorney’s fees incurred in connection with defending of such damages) to a third party, which damages (including costs of defense and reasonable 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, each Development Party, on behalf of itself and each of its Affiliates, waive any right to recover punitive, special, exemplary and consequential damages, including damages for lost profits, arising in connection with or with respect to this Agreement, the Associated Agreements or the transactions contemplated hereby and thereby.

Non-Compensatory Damages. None of the Buyer Indemnified Parties nor Seller Indemnified Parties shall be entitled to recover from any other PartySeller or Buyer, as applicable, or such Parties their respective Affiliates, and Buyer, on behalf of each of the Buyer Indemnified Parties, and Seller, on behalf of each of the Seller Indemnified Parties, waive any right to recover any indirect, consequential, punitive punitive, exemplary, special or exemplary incidental damages or damages for lost profits or opportunity costs or damages based upon a multiple of any kind earnings or other financial measure arising under or in connection with this Agreement, the Associated Agreements Agreement or the transactions contemplated hereby or therebyhereby, except to the extent any such Party suffers such damages (including costs of defense and reasonable attorney’s attorneys’ fees incurred in connection with defending of against such damages) to a third partyThird Party, which damages (including costs of defense and reasonable attorney’s 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, each Development This Section 12.11 shall not restrict any Party, on behalf of itself and each of its Affiliates, waive any ’s right to recover punitive, special, exemplary and consequential damages, including damages for lost profits, arising in connection with obtain specific performance or with respect to this Agreement, the Associated Agreements or the transactions contemplated hereby and therebyother equitable remedies.

Non-Compensatory Damages. None of the Parties shall be entitled to recover from any other Party, or such Parties Party’s respective Affiliates, any indirect, consequential, punitive or exemplary damages or damages for lost profits of any kind arising under or in connection with this Agreement, the Associated Agreements or the transactions contemplated hereby or thereby, except to the extent any such Party suffers such damages (including costs of defense and reasonable attorney’s fees incurred in connection with defending of such damages) to a third partyThird Party, which damages (including costs of defense and reasonable 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, each Development Party, on behalf of itself and each of its Affiliates, waive any right to recover punitive, special, exemplary and consequential damages, including damages for lost profits, arising in connection with or with respect to this Agreement, the Associated Agreements or the transactions contemplated hereby and thereby. Section 10.9 of the Acquisition Annex shall apply to matters addressed in the Acquisition Annex in lieu of this Section 11.18.

Non-Compensatory Damages. None of the Parties Neither Purchaser nor Sellers shall be entitled to recover from any other Partythe other, or such Parties their respective Affiliates, any indirect, special, consequential, punitive or exemplary damages damages, or damages for lost profits of any kind or loss of business opportunity, arising under or in connection with this Agreement, the Associated Agreements Agreement or the transactions contemplated hereby or therebyhereby, except to the extent any such Party suffers such damages (including costs of defense and reasonable attorney’s attorneys’ fees incurred in connection with defending of such damages) to a third party, which damages (including costs of defense and reasonable attorney’s 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, Purchaser, on behalf of itself and each Development Partyof its Affiliates, and each Seller, on behalf of itself and each of its Affiliates, waive any right to recover punitiveany indirect, special, consequential, punitive or exemplary and consequential damages, including or damages for lost profitsprofits of any kind or loss of business opportunity, arising in connection with or with respect to this Agreement, the Associated Agreements Agreement or the transactions contemplated hereby and therebyhereby.

Non-Compensatory Damages. None of the Parties parties hereto shall be entitled to recover from any other Partyparty, or such Parties any other party’s respective Affiliates, any indirect, consequential, punitive punitive, special or exemplary damages or damages for lost profits of any kind arising under or in connection with this Agreement, the Associated Agreements Agreement or the transactions contemplated hereby or thereby, except (i) for lost profits Claims resulting from a breach of Section 15.9, (ii) to the extent such damages result from a Third Party’s Claim that is subject to indemnification under Article 7 and (iii) for any such Party suffers such damages (including costs resulting from a breach of defense and reasonable attorney’s fees incurred in connection with defending of such damages) to a third partySection 8.7, which damages (including costs shall be exclusively resolved in accordance with Article VIII of defense and reasonable attorney’s fees incurred in connection with defending against such damages) shall not be excluded by this provision as to recovery hereunderthe Contribution Agreement. Subject to the preceding sentence, each Development Partyparty hereto, on behalf of itself and each of its Affiliates, waive waives any right to recover indirect, punitive, special, exemplary and or consequential damages, including damages or damages for lost profitsprofits of any kind, arising in connection with or with respect to this Agreement, the Associated Agreements Agreement or the transactions contemplated hereby and therebyhereby.

Non-Compensatory Damages. None of the Parties Neither Purchaser nor Seller shall be entitled to recover from any other Partythe other, or such Parties their respective Affiliates, any indirect, special, consequential, punitive or exemplary damages damages, or damages for lost profits of any kind or loss of business opportunity, arising under or in connection with this Agreement, the Associated Agreements Agreement or the transactions contemplated hereby or therebyhereby, except to the extent any such Party suffers such damages (including costs of defense and reasonable attorney’s attorneys’ fees incurred in connection with defending of such damages) to a third party, which damages (including costs of defense and reasonable attorney’s 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, Purchaser, on behalf of itself and each Development Partyof its Affiliates, and Seller, on behalf of itself and each of its Affiliates, waive any right to recover punitiveany indirect, special, consequential, punitive or exemplary and consequential damages, including or damages for lost profitsprofits of any kind or loss of business opportunity, arising in connection with or with respect to this Agreement, the Associated Agreements Agreement or the transactions contemplated hereby and therebyhereby.

Non-Compensatory Damages. None of the Parties parties hereto shall be entitled to recover from any other Partyparty, or such Parties any other party’s respective Affiliates, any indirect, consequential, punitive punitive, special or exemplary damages or damages for lost profits of any kind arising under or in connection with this Agreement, the Associated Agreements Agreement or the transactions contemplated hereby or thereby, except to the extent any such Party party suffers such damages (including costs of defense and reasonable attorney’s fees incurred in connection with defending of such damages) to a third partyThird Party, which damages (including costs of defense and reasonable attorney’s 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, each Development Partyparty hereto, on behalf of itself and each of its Affiliates, waive waives any right to recover indirect, punitive, special, exemplary and or consequential damages, including damages or damages for lost profitsprofits of any kind, arising in connection with or with respect to this Agreement, the Associated Agreements Agreement or the transactions contemplated hereby and therebyhereby.

Non-Compensatory Damages. None of the Parties shall be entitled to recover from any other Party, or such Parties Party’s respective Affiliates, any indirect, consequential, punitive or exemplary damages or damages for lost profits of any kind arising under or in connection with this Agreement, the Associated Agreements or the transactions contemplated hereby or thereby, except to the extent any such Party suffers such damages (including costs of defense and reasonable attorney’s fees incurred in connection with defending of such damages) to a third party, which damages (including costs of defense and reasonable 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, each Development Party, on behalf of itself and each of its Affiliates, waive waives any right to recover punitive, special, exemplary and consequential damages, including damages for lost profits, arising in connection with or with respect to this Agreement, the Associated Agreements or the transactions contemplated hereby and or thereby.

Non-Compensatory Damages. None of the Parties Neither Buyer nor Seller shall be entitled to recover from any other Partythe other, or such Parties their respective Affiliates, any indirect, special, consequential, punitive or exemplary damages damages, or damages for lost profits of any kind or loss of business opportunity, arising under or in connection with this Agreement, the Associated Agreements Agreement or the transactions contemplated hereby or therebyhereby, except to the extent any such Party suffers such damages (including costs of defense and reasonable attorney’s attorneys’ fees incurred in connection with defending of such damages) to a third partyThird Party, which damages (including costs of defense and reasonable attorney’s 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 itself and each Development Partyof its Affiliates, and Seller, on behalf of itself and each of its Affiliates, waive any right to recover punitiveany indirect, special, consequential, punitive or exemplary and consequential damages, including or damages for lost profitsprofits of any kind or loss of business opportunity, arising in connection with or with respect to this Agreement, the Associated Agreements Agreement or the transactions contemplated hereby and therebyhereby.

Non-Compensatory Damages. None of the Buyer Indemnified Parties nor Seller Indemnified Parties shall be entitled to recover from any other PartySellers or Buyer, or such Parties 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 arising under or in connection with this Agreement, the Associated Agreements Agreement or the transactions contemplated hereby or therebyhereby, except to the extent any such Party suffers such damages (including costs of defense and reasonable attorney’s fees incurred in connection with defending of such damages) to a third partyThird Party, which damages (including costs of defense and reasonable attorney’s 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, each Development PartyBuyer, on behalf of itself and each of its Affiliatesthe Buyer Indemnified Parties, and Sellers, on behalf of each of the Seller Indemnified Parties, waive any right to recover any special, indirect, consequential, punitive, specialexemplary, exemplary and consequential remote or speculative damages, including damages for lost profitsprofits of any kind, arising in connection with or with respect to this Agreement, the Associated Agreements Agreement or the transactions contemplated hereby and therebyhereby.

Non-Compensatory Damages. None To the fullest extent permitted by Law, none of the Parties parties hereto shall be entitled to recover from any other Partyparty, or such Parties any other party’s respective Affiliates, any indirect, consequential, punitive punitive, special or exemplary damages or damages for lost profits of any kind kind, in each case, arising under or in connection with this Agreement, the Associated Agreements Agreement or the transactions contemplated hereby or thereby, except to the extent any such Party party suffers such damages (including costs of defense and reasonable attorney’s fees incurred in connection with defending of such damages) to a third partyThird Party, which damages (including costs of defense and reasonable attorney’s 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, to the fullest extent permitted by Law, each Development Partyparty hereto, on behalf of itself and each of its Affiliates, waive waives any right to recover any indirect, consequential, punitive, special, special or exemplary and consequential damages, including damages or damages for lost profitsprofits of any kind, in each case, arising in connection with or with respect to this Agreement, the Associated Agreements Agreement or the transactions contemplated hereby and therebyhereby.

Non-Compensatory Damages. None of the Buyer Indemnified Parties nor Seller Indemnified Parties shall be entitled to recover from any other PartySellers or Buyer, or such Parties 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 arising under or in connection with this Agreement, the Associated Agreements Agreement or the transactions contemplated hereby or therebyhereby, except to the extent any such Party suffers such damages (including costs of defense and reasonable attorney’s fees incurred in connection with defending of such damages) to a third partyThird Party, which damages (including costs of defense and reasonable attorney’s 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, each Development PartyBuyer, on behalf of itself and each of its Affiliatesthe Buyer Indemnified Parties, and Seller, on behalf of each of Seller Indemnified Parties, waive any right to recover any special, indirect, consequential, punitive, specialexemplary, exemplary and consequential remote or speculative damages, including damages for lost profitsprofits of any kind, arising in connection with or with respect to this Agreement, the Associated Agreements Agreement or the transactions contemplated hereby and therebyhereby.

Non-Compensatory Damages. None of the Parties shall be entitled to recover from any other Party, or such Parties Party’s respective Affiliates, any indirect, consequential, punitive or exemplary damages or damages for lost profits of any kind arising under or in connection with this Agreement, the Associated Agreements or the transactions contemplated hereby or thereby, except to the extent any such Party suffers such damages (including costs of defense and reasonable attorney’s fees incurred in connection with defending of such damages) to a third partyThird Party, which damages (including costs of defense and reasonable 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, each Development Party, on behalf of itself and each of its Affiliates, waive waives any right to recover punitive, special, exemplary and consequential damages, including damages for lost profits, arising in connection with or with respect to this Agreement, the Associated Agreements or the transactions contemplated hereby and or thereby.

Non-Compensatory Damages. None of the Parties parties hereto shall be entitled to recover from any other Partyparty, or such Parties any other party’s respective Affiliates, any indirect, consequential, punitive punitive, special or exemplary damages or damages for lost profits of any kind arising under or in connection with this Agreement, the Associated Agreements Agreement or the transactions contemplated hereby or therebyhereby, except in the case of fraud or to the extent any such Party party suffers such damages (including costs of defense and reasonable attorney’s fees incurred in connection with defending of such damages) to a third partyThird Party, which damages (including costs of defense and reasonable attorney’s 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, each Development Partyparty hereto, on behalf of itself and each of its Affiliates, waive waives any right to recover indirect, punitive, special, exemplary and or consequential damages, including damages or damages for lost profitsprofits of any kind, arising in connection with or with respect to this Agreement, the Associated Agreements Agreement or the transactions contemplated hereby and therebyhereby.

Non-Compensatory Damages. None of the Buyer Indemnified Parties or Seller Indemnified Parties shall be entitled to recover from any other Party, or such Parties their respective Affiliates, any indirect, special, incidental, consequential, punitive punitive, exemplary, remote or exemplary speculative damages or damages for lost profits of any kind arising under or in connection with this Agreement, the Associated Agreements Agreement or the transactions contemplated hereby or therebyhereby, except to the extent any such Party suffers such damages (including costs of defense and reasonable attorney’s fees incurred in connection with defending of such damages) to a third partyThird Party, which damages (including costs of defense and reasonable attorney’s 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, each Development PartyBuyer, on behalf of itself and each of its Affiliatesthe Buyer Indemnified Parties and Seller, on behalf of each of Seller Indemnified Parties, waive any right to recover punitive, special, exemplary and indirect, exemplary, consequential damages, remote or speculative, including damages for lost profitsprofits of any kind, arising in connection with or with respect to this Agreement, the Associated Agreements Agreement or the transactions contemplated hereby and therebyhereby.

Non-Compensatory Damages. None of the Parties Buyer Group nor the Seller Group shall be entitled to recover from any other PartySeller or Buyer, as applicable, or such Parties any of their respective Affiliates, any special, indirect, consequential, punitive punitive, exemplary, remote or exemplary speculative damages or (including damages for lost profits of any kind kind) arising under or in connection with this Agreement, the Associated Agreements Agreement or the transactions contemplated hereby or therebyhereby, except to the extent any such Party suffers such damages (including costs of defense and reasonable attorney’s fees incurred in connection with defending of such damages) to a third party, which damages (including costs of defense and reasonable attorney’s 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, each Development Partyof Buyer, on behalf of itself each member of the Buyer Group, and Seller, on behalf of each member of its Affiliatesthe Seller Group, waive waives any right to recover any special, indirect, consequential, punitive, specialexemplary, exemplary and consequential damages, remote or speculative damages (including damages for lost profits, profits of any kind) arising in connection with or with respect to this Agreement, the Associated Agreements Agreement or the transactions contemplated hereby and therebyhereby.

Non-Compensatory Damages. None of the Parties shall be entitled to recover from any other Party, or such Parties Party’s respective Affiliates, any indirect, consequential, punitive or exemplary damages or damages for lost profits of any kind arising under or in connection with this Agreement, the Associated Agreements Agreement or the transactions contemplated hereby or therebyhereby, except to the extent any such Party suffers such damages (including costs of defense and reasonable attorney’s fees incurred in connection with defending of such damages) to a third party, which damages (including costs of defense and reasonable 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, each Development Party, on behalf of itself and each of its Affiliates, waive waives any right to recover punitive, special, exemplary and consequential damages, including damages for lost profits, arising in connection with or with respect to this Agreement, the Associated Agreements Agreement or the transactions contemplated hereby and therebyhereby.