Common use of Remedies Cumulative; Limitations of Liability Clause in Contracts

Remedies Cumulative; Limitations of Liability. The rights provided in this Article V shall be cumulative and, subject to the provisions of Article VII, shall not preclude assertion by any Indemnified Party of any other rights or the seeking of any and all other remedies against any Indemnifying Party. Notwithstanding the foregoing, neither Spinco or its Subsidiaries, on the one hand, nor GGP or its Subsidiaries, on the other hand, shall be liable to the other for any special, indirect, punitive, exemplary, remote, speculative or similar damages in excess of compensatory damages (collectively, “Special Damages”) of the other arising in connection with the Transactions (provided, that any such liability with respect to a Third Party Claim shall be considered direct damages).

Remedies Cumulative; Limitations of Liability. The rights provided in this Article V shall be cumulative and, subject to the provisions of Article VII, shall not preclude assertion by any Indemnified Party of any other rights or the seeking of any and all other remedies against any Indemnifying Party. Notwithstanding the foregoing, neither Spinco OpCo or its SubsidiariesAffiliates, on the one hand, nor GGP Pinnacle or its SubsidiariesAffiliates, on the other hand, shall be liable to the other for any special, indirect, punitive, exemplary, remote, speculative or similar damages in excess of compensatory damages (collectively, “Special Damages”) of the other arising in connection with the Transactions (provided, that any such liability with respect to a Third Party Claim shall be considered direct damages).

Remedies Cumulative; Limitations of Liability. The rights provided in this Article V VI shall be cumulative and, subject to the provisions of Article VIIIX, shall not preclude assertion by any Indemnified Party of any other rights or the seeking of any and all other remedies against any Indemnifying Party. Notwithstanding the foregoing, neither Spinco the Company or its SubsidiariesAffiliates, on the one hand, nor GGP Genworth or its SubsidiariesAffiliates, on the other hand, shall be liable to the other for any special, indirect, incidental, punitive, consequential, exemplary, remote, speculative statutorily- enhanced or similar damages in excess of compensatory damages (collectively, “Special Damages”provided that any such liability with respect to a Third-Party Claim shall be considered direct damages) of the other arising in connection with the Transactions (provided, that or any such liability with respect to a Third Party Claim shall be considered direct damages)of the other Transaction Documents.

Remedies Cumulative; Limitations of Liability. The rights provided in this Article V VII shall be cumulative and, subject to the provisions of Article VIIIX, shall not preclude assertion by any Indemnified Party of any other rights or the seeking of any and all other remedies against any Indemnifying Party. Notwithstanding the foregoing, neither Spinco CS&L or its SubsidiariesAffiliates, on the one hand, nor GGP WHI, Windstream or its Subsidiariestheir Affiliates, on the other hand, shall be liable to the other for any special, indirect, punitive, exemplary, remote, speculative or similar damages in excess of compensatory damages (collectively, “Special Damages”) of the other arising in connection with the Transactions (provided, that any such liability with respect to a Third Party Claim shall be considered direct damages).

Remedies Cumulative; Limitations of Liability. The rights provided in this Article V VI shall be cumulative and, subject to the provisions of Article VIIIX, shall not preclude assertion by any Indemnified Party of any other rights or the seeking of any and all other remedies against any Indemnifying Party. Notwithstanding the foregoing, neither Spinco the Company or its SubsidiariesAffiliates, on the one hand, nor GGP Genworth or its SubsidiariesAffiliates, on the other hand, shall be liable to the other for any special, indirect, incidental, punitive, consequential, exemplary, remote, speculative statutorily-enhanced or similar damages in excess of compensatory damages (collectively, “Special Damages”provided that any such liability with respect to a Third-Party Claim shall be considered direct damages) of the other arising in connection with the Transactions (provided, that or any such liability with respect to a Third Party Claim shall be considered direct damages)of the other Transaction Documents.

Remedies Cumulative; Limitations of Liability. The rights provided in this Article V shall be cumulative and, subject to the provisions of Article VII, shall not preclude assertion by any Indemnified Party of any other rights or the seeking of any and all other remedies against any Indemnifying Party. Notwithstanding the foregoing, neither Spinco GLPI or its SubsidiariesAffiliates, on the one hand, nor GGP Penn or its SubsidiariesAffiliates, on the other hand, shall be liable to the other for any special, indirect, punitive, exemplary, remote, speculative or similar damages in excess of compensatory damages (collectively, “Special Damages”) of the other arising in connection with the Transactions (provided, that any such liability with respect to a Third Party Claim shall be considered direct damages).

Remedies Cumulative; Limitations of Liability. The rights provided in this Article V IV shall be cumulative and, subject to the provisions of Article VIIVI, shall not preclude assertion by any Indemnified Party of any other rights or the seeking of any and all other remedies against any Indemnifying Party. Notwithstanding the foregoing, neither Spinco the Company or its Subsidiariesany other member of the Company Group, on the one hand, nor GGP MetLife or its Subsidiariesany other member of the MetLife Group, on the other hand, shall be liable to the other for any special, indirect, incidental, punitive, consequential, exemplary, remote, speculative statutorily-enhanced or similar damages in excess of compensatory damages (collectively, “Special Damages”) of the other arising in connection with the Transactions (provided, provided that any such liability Loss with respect to a Third Party Claim shall be considered direct damages)) of the other arising in connection with the Transactions or any of the other Transaction Documents or Corporate Reorganization Agreements.

Remedies Cumulative; Limitations of Liability. The rights provided in this Article V shall be cumulative and, subject to the provisions of Article VII, shall not preclude assertion by any Indemnified Party of any other rights or the seeking of any and all other remedies against any Indemnifying Party. Notwithstanding the foregoing, neither Spinco Crimson or its Subsidiaries, on the one hand, nor GGP Leucadia or its Subsidiaries, on the other hand, shall be liable to the other for any special, indirect, punitive, exemplary, remote, speculative or similar damages in excess of compensatory damages (collectively, “Special Damages”) of the other arising in connection with the Transactions (provided, that any such liability with respect to a Third Party Claim shall be considered direct damages).

Remedies Cumulative; Limitations of Liability. The rights provided in this Article V X shall be cumulative and, subject to the provisions of Article VIIXI, shall not preclude assertion by any Indemnified Party of any other rights or the seeking of any and all other remedies against any Indemnifying Party. Notwithstanding the foregoing, neither Spinco MGP or its SubsidiariesAffiliates, on the one hand, nor GGP MGM or its SubsidiariesAffiliates, on the other hand, shall be liable to the other for any special, indirect, punitive, exemplary, remote, speculative or similar damages in excess of compensatory damages (collectively, “Special Damages”) of the other arising in connection with the Transactions transactions (provided, that any such liability Liability with respect to a Third Party Claim shall be considered direct damages).

Remedies Cumulative; Limitations of Liability. The rights provided in this Article V VI shall be cumulative and, subject to the provisions of Article VIIVIII, shall not preclude assertion by any Indemnified Party of any other rights or the seeking of any and all other remedies against any Indemnifying Party. Notwithstanding the foregoing, neither Spinco MGP or its SubsidiariesAffiliates, on the one hand, nor GGP MGM or its SubsidiariesAffiliates, on the other hand, shall be liable to the other for any special, indirect, punitive, exemplary, remote, speculative or similar damages in excess of compensatory damages (collectively, “Special Damages”) of the other arising in connection with the Transactions transactions (provided, that any such liability with respect to a Third Party Claim shall be considered direct damages).

Remedies Cumulative; Limitations of Liability. The rights provided in this Article V VI shall be cumulative and, subject to the provisions of Article VIIIX, shall not preclude assertion by any Indemnified Party of any other rights or the seeking of any and all other remedies against any Indemnifying Party. Notwithstanding the foregoing, neither Spinco the Company or its SubsidiariesAffiliates, on the one hand, nor GGP GECC or its SubsidiariesAffiliates, on the other hand, shall be liable to the other for any special, indirect, incidental, punitive, consequential, exemplary, remote, speculative statutorily-enhanced or similar damages in excess of compensatory damages (collectively, “Special Damages”provided that any such liability with respect to a Third-Party Claim shall be considered direct damages) of the other arising in connection with the Transactions (provided, that or any such liability with respect to a Third Party Claim shall be considered direct damages)of the other Transaction Documents.

Remedies Cumulative; Limitations of Liability. The rights provided in this Article V VII shall be cumulative and, subject to the provisions of Article VII, and shall not preclude assertion by any Indemnified Party of any other rights or the seeking of any and all other remedies against any Indemnifying Party. Notwithstanding the foregoing, neither Spinco FCPT or its SubsidiariesAffiliates, on the one hand, nor GGP Xxxxxx or its SubsidiariesAffiliates, on the other hand, shall be liable to the other for any special, indirect, punitive, exemplary, remote, speculative or similar damages or lost profits in excess of compensatory damages (collectively, “"Special Damages”") of the other arising in connection with the Transactions (provided, that any such liability with respect to a Third Party Claim shall be considered direct damages).

Remedies Cumulative; Limitations of Liability. The rights provided in this Article V shall be cumulative and, subject to the provisions of Article VII, shall not preclude assertion by any Indemnified Party of any other rights or the seeking of any and all other remedies against any Indemnifying Party. Notwithstanding the foregoing, neither Spinco Genworth or its SubsidiariesAffiliates, on the one hand, nor GGP or its Subsidiariesany GE Party, on the other hand, shall be liable to the other for any special, indirect, punitiveincidental, exemplary, remote, speculative punitive or similar damages in excess of compensatory consequential damages (collectively, “Special Damages”) of the other arising in connection with the Transactions (provided, provided that any such liability with respect to a Third Party Claim shall be considered direct damages)) of the other arising in connection with the Transactions.

Remedies Cumulative; Limitations of Liability. The rights provided in this Article V X shall be cumulative and, subject to the provisions of Article VIIXI, shall not preclude assertion by any Indemnified Party of any other rights or the seeking of any and all other remedies against any Indemnifying Party. Notwithstanding the foregoing, neither Spinco MGP or its SubsidiariesAffiliates, on the one hand, nor GGP MGM or its SubsidiariesAffiliates, on the other hand, shall be liable to the other for any special, indirect, punitive, exemplary, remote, speculative or similar damages in excess of compensatory damages (collectively, “Special Damages”) of the other arising in connection with the Transactions transactions (provided, that any such liability Liability with respect to a Third Party Claim shall be considered direct damages).. ARTICLE XI -