Common use of General Limitations of Liability Clause in Contracts

General Limitations of Liability. The Company also agrees that no Indemnified Party shall have any liability (whether direct or indirect, in contract or tort or otherwise) to the Company or any person asserting claims on behalf of or in right of the Company for or in connection with the Offering or any other matter or transaction contemplated by this Agreement except to the extent any losses, expenses, claims, actions, damages or liabilities incurred by the Company are determined by a court of competent jurisdiction in a final judgment that has become non-appealable to have resulted from the negligence or wilful misconduct of such Indemnified Party or a breach by such Indemnified Party of its obligations under this Agreement.

Appears in 2 contracts

Sources: Underwriting Agreement (BE Resources Inc.), Underwriting Agreement (BE Resources Inc.)