Common use of Right to Damages Clause in Contracts

Right to Damages. If this Agreement is terminated pursuant to Sections 8.3 or 8.4, neither party hereto shall have any claim against the other except if the circumstances giving rise to such termination were caused by either (a) the other party's material breach of Article IV; or (b) a party's representations and warranties contained in Articles II or III are incorrect when made such that the incorrect representation and warranty would have a Material Adverse Effect with respect to such party, in which event termination shall not be deemed or construed as limiting or denying any legal or equitable right or remedy of said party, and said party shall be entitled to recover, without limitation, its costs and expenses which are incurred in pursuing its rights and remedies (including reasonable attorneys' fees).

Right to Damages. (a) If this Agreement is terminated pursuant to Sections 8.3 or 8.4Section 9.2, neither party hereto shall have any claim for monetary damages against the other other, except (1) if the circumstances giving rise to such termination were caused by either (a) the other party's ’s willful failure to comply with a material breach of Article IV; or (b) a party's representations and warranties contained in Articles II or III are incorrect when made such that the incorrect representation and warranty would have a Material Adverse Effect with respect to such partycovenant set forth herein, in which event termination pursuant to Section 9.2 shall not be deemed or construed as limiting or denying any legal or equitable right or remedy of said such party, and said such party shall also be entitled to recover, without limitation, recover its costs and expenses which are incurred in pursuing its rights and remedies (including reasonable attorneys' ’ fees)) and (2) as provided in Section 9.5(b) below.

Right to Damages. If this Agreement is terminated pursuant to Sections 8.3 or 8.4Section 9.2, neither no party hereto shall have any claim for monetary damages against the other other, except if the circumstances giving rise to such termination were caused by either (a) the other party's ’s willful failure to comply with a material breach of Article IV; or (b) a party's representations and warranties contained in Articles II or III are incorrect when made such that the incorrect representation and warranty would have a Material Adverse Effect with respect to such partycovenant set forth herein, in which event termination pursuant to Section 9.2 shall not be deemed or construed as limiting or denying any legal or equitable right or remedy of said such party, and said such party shall also be entitled to recover, without limitation, recover its costs and expenses which are incurred in pursuing its rights and remedies (including reasonable attorneys' ’ fees).