No Punitive or Consequential Damages. Notwithstanding anything herein to the contrary, no Party shall be liable to any other Party under this Agreement for punitive or lost profits or other consequential damages.
No Punitive or Consequential Damages. Other than for claims based upon fraud, willful misconduct or bad faith, no party shall be liable to any other party for indirect, punitive or consequential damages (including any loss of revenue or profit) arising out of this Agreement.
No Punitive or Consequential Damages. For the avoidance of doubt, in the event this Agreement is terminated, under no circumstances shall a party hereto be liable to any other party hereto for any punitive damages, lost profits, diminution in value, consequential damages, special damages, incidental damages, indirect damages, exemplary damages or other unforeseen damages. In no event shall any multiples or similar valuation methodology (whether based on “multiple of profits,” “multiple of earnings,” “multiple of cash flows” or similar items) be used in calculating the amount of any damages. Notwithstanding anything to the contrary set forth herein, nothing contained herein shall limit Purchaser’s remedies at law or in equity if, prior to the termination of this Agreement, the Seller Parties sell all or a portion of, or any direct or indirect, legal or beneficial interest in, the Property to someone other than Purchaser or its designee or otherwise takes action that renders the remedy of specific performance impossible or impractical to obtain.
No Punitive or Consequential Damages. No Indemnitee shall seek and no Indemnitor shall be liable for any punitive or consequential damages, including, but not limited to loss of revenue or income, or loss of business reputation or opportunity.
No Punitive or Consequential Damages. Notwithstanding anything herein to the contrary, no Party shall be liable to any other Party under this Article X or Article XII for punitive or lost profits or other consequential damages.
No Punitive or Consequential Damages. Neither County nor Lessee shall be entitled to any punitive, special, indirect, collateral, or consequential damage award against the other party in any action or proceeding arising out of or related to this Lease or for any lost profits suffered or claimed to be suffered.
No Punitive or Consequential Damages. An Indemnitee may not recover punitive damages or consequential, indirect or special damages in any claim made for indemnification or otherwise with respect to the Transaction Documents and the transactions contemplated thereby.
No Punitive or Consequential Damages. The provisions of this Section 27.15 shall control over any and all conflicting provisions of this Lease. Without affecting the rights of any party hereto to recovery of actual, direct damages, neither Landlord nor Tenant will be liable to the other for incidental, consequential, special or punitive damages, loss of future revenues or income (for the avoidance of doubt, “future revenues or income” does not include Rent), lost profits, loss of business reputation or opportunity relating to any breach or alleged breach of this Lease, regardless of whether such liability is based on breach of contract, tort, strict liability, breach of warranties, failure of essential purpose or otherwise. The provisions of this Section 27.15 shall expressly survive the expiration or sooner termination of this Lease.
No Punitive or Consequential Damages. Under no circumstances whatsoever shall either party to this Lease ever be liable for punitive, consequential or special damages under this Lease and each party to this Lease waives any rights it may have to such damages under this Lease in the event of a breach or default by the other party under this Lease.
No Punitive or Consequential Damages. No party hereto shall be liable for any punitive damages or other special, exemplary or consequential damages of any other Person arising out of or in connection with this Agreement, any of the agreements contemplated hereby or any of the transactions contemplated hereby or thereby. EXHIBIT (d)(2)
