No Indirect Damages. IN NO EVENT SHALL ANY OF THE PARTIES BE LIABLE TO THE OTHER PARTIES UNDER ANY PROVISION OF THIS AGREEMENT OR OTHERWISE FOR LOST PROFITS, INCLUDING LOST OR PROSPECTIVE PROFITS, OR FOR ANY OTHER SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, IN CONTRACT, TORT OR OTHERWISE, WHETHER OR NOT CAUSED BY OR RESULTING FROM SUCH PARTY’S OWN, SOLE OR CONCURRENT NEGLIGENCE OR THE NEGLIGENCE OF ANY OF ITS AFFILIATES OR RELATED PARTIES; PROVIDED THAT (I) THE FOREGOING SHALL NOT APPLY TO ANY RENT (OR ANY CLAIMS THEREFOR) AND (II) WITHOUT LIMITING THE FOREGOING, THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO CLAIMS OF EACH PARTY ARISING OUT OF THIRD PARTY CLAIMS FOR ANY OF THE FOREGOING.
Appears in 3 contracts
Samples: Stadium Lease Agreement, Ballpark Lease Agreement, Ballpark Lease Agreement
No Indirect Damages. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EITHER PARTY OR ITS AFFILIATES HAVE ANY LIABILITY ARISING OUT OF THE PARTIES BE LIABLE OR RELATED TO THE OTHER PARTIES UNDER ANY PROVISION OF THIS AGREEMENT OR OTHERWISE FOR LOST ANY LOSS OF PROFITS, INCLUDING LOST REVENUE, GOODWILL, OR PROSPECTIVE PROFITSBUSINESS OPPORTUNITY, OR FOR ANY OTHER INDIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY COVER, OR PUNITIVE DAMAGES, WHETHER AN ACTION IS IN CONTRACTCONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, TORT EVEN IF A PARTY OR OTHERWISE, WHETHER ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR NOT CAUSED BY OR RESULTING FROM SUCH IF A PARTY’S OWN, SOLE OR CONCURRENT NEGLIGENCE OR THE NEGLIGENCE OF ANY ITS AFFILIATES’ REMEDY OTHERWISE FAILS OF ITS AFFILIATES OR RELATED PARTIES; PROVIDED THAT (I) ESSENTIAL PURPOSE. THE FOREGOING SHALL DISCLAIMER WILL NOT APPLY TO ANY RENT (OR ANY CLAIMS THEREFOR) AND (II) WITHOUT LIMITING THE FOREGOING, THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO CLAIMS OF EACH PARTY ARISING OUT OF THIRD PARTY CLAIMS FOR ANY OF THE FOREGOINGEXTENT PROHIBITED BY LAW.
Appears in 2 contracts
Samples: www.scoir.com, www.scoir.com
No Indirect Damages. IN NO EVENT SHALL ANY OF THE PARTIES EITHER PARTY BE LIABLE TO THE OTHER PARTIES PARTY UNDER ANY PROVISION OF THIS AGREEMENT LEASE OR OTHERWISE FOR LOST PROFITS, INCLUDING LOST OR PROSPECTIVE PROFITS, OR FOR ANY OTHER SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, IN CONTRACT, TORT OR OTHERWISE, WHETHER OR NOT CAUSED BY OR RESULTING FROM SUCH PARTY’S OWN, SOLE OR CONCURRENT WILLFUL MISCONDUCT OR NEGLIGENCE OR THE WILLFUL MISCONDUCT OR NEGLIGENCE OF ANY OF ITS EMPLOYEES, OFFICERS, OR AGENTS ACTING IN THEIR OFFICIAL CAPACITY, AFFILIATES OR RELATED PARTIES; PROVIDED THAT (I) THE FOREGOING SHALL NOT APPLY TO ANY RENT (OR ANY CLAIMS THEREFOR) AND (II) WITHOUT LIMITING THE FOREGOING, THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO CLAIMS OF EACH PARTY ARISING OUT OF THIRD PARTY CLAIMS FOR ANY OF THE FOREGOING.
Appears in 2 contracts
Samples: Lease Agreement, Ground Lease Agreement