Common use of Limitation of Liability for Certain Damages Clause in Contracts

Limitation of Liability for Certain Damages. In no event shall Lender or any other Lender Party be liable to Borrower or any other Borrower Party on any theory of liability for any special, indirect, consequential or punitive damages (including any loss of profits, business or anticipated savings). BORROWER AND EACH OTHER BORROWER PARTY HEREBY WAIVE, RELEASE AND AGREE NOT TO ▇▇▇ UPON ANY SUCH CLAIM FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER OR NOT ACCRUED AND WHETHER OR NOT KNOWN OR SUSPECTED TO EXIST IN ITS FAVOR.

Appears in 6 contracts

Sources: Loan Modification Agreement (Summit Hotel Properties, Inc.), Loan Modification Agreement (Summit Hotel Properties, Inc.), Loan Modification Agreement (Summit Hotel Properties, Inc.)

Limitation of Liability for Certain Damages. In no event shall Lender or any other Affiliate of Lender Party be liable to Borrower or any other Borrower Credit Party on any theory of liability for any special, indirect, consequential or punitive damages (including any loss of profits, business or anticipated savings). BORROWER AND EACH OTHER BORROWER CREDIT PARTY HEREBY WAIVE, RELEASE AND AGREE NOT TO ▇▇▇ UPON ANY SUCH CLAIM FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER OR NOT ACCRUED AND WHETHER OR NOT KNOWN OR SUSPECTED TO EXIST IN ITS FAVOR.

Appears in 3 contracts

Sources: Loan Modification Agreement (Supertel Hospitality Inc), Loan Modification Agreement (Supertel Hospitality Inc), Loan Waiver and Collateral Agreement (Supertel Hospitality Inc)

Limitation of Liability for Certain Damages. In no event shall Lender or any other Affiliate of Lender Party be liable to Borrower or any other Borrower Credit Party on any theory of liability for any special, indirect, consequential or punitive damages (including any loss of profits, business or anticipated savings). BORROWER AND EACH OTHER BORROWER CREDIT PARTY HEREBY WAIVE, RELEASE AND AGREE NOT TO S▇▇ UPON ANY SUCH CLAIM FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER OR NOT ACCRUED AND WHETHER OR NOT KNOWN OR SUSPECTED TO EXIST IN ITS FAVOR.

Appears in 3 contracts

Sources: Loan Modification Agreement (Supertel Hospitality Inc), Loan Modification Agreement (Supertel Hospitality Inc), Loan Modification Agreement (Supertel Hospitality Inc)

Limitation of Liability for Certain Damages. In no event shall Lender or any other Lender Party be liable to Borrower or any other Borrower Party on any theory of liability for any special, indirect, consequential or punitive damages (including any loss of profits, business or anticipated savings). BORROWER HEREBY WAIVES, RELEASES AND EACH OTHER BORROWER PARTY HEREBY WAIVE, RELEASE AND AGREE AGREES NOT TO ▇▇▇ UPON ANY SUCH CLAIM FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER OR NOT ACCRUED AND WHETHER OR NOT KNOWN OR SUSPECTED TO EXIST IN ITS FAVOR.

Appears in 1 contract

Sources: Forbearance Agreement (AgFeed Industries, Inc.)

Limitation of Liability for Certain Damages. In no event shall Agent, any Lender or any other Lender Party of their respective Related Persons be liable to Borrower or any other Borrower Credit Party on any theory of liability for any special, indirect, consequential or punitive damages (including any loss of profits, business or anticipated savings). BORROWER AND EACH OTHER BORROWER CREDIT PARTY HEREBY WAIVE, RELEASE AND AGREE NOT TO ▇▇▇ UPON ANY SUCH CLAIM FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER OR NOT ACCRUED AND WHETHER OR NOT KNOWN OR SUSPECTED TO EXIST IN ITS FAVOR.

Appears in 1 contract

Sources: Loan Agreement (Lightstone Value Plus Real Estate Investment Trust III, Inc.)

Limitation of Liability for Certain Damages. In no event shall Lender or any other Lender Party be liable to Borrower or any other Borrower Credit Party on any theory of liability for any special, indirect, consequential or punitive damages (including any loss of profits, business or anticipated savings). BORROWER AND EACH OTHER BORROWER CREDIT PARTY HEREBY WAIVE, RELEASE AND AGREE NOT TO ▇▇▇ UPON ANY SUCH CLAIM FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER OR NOT ACCRUED AND WHETHER OR NOT KNOWN OR SUSPECTED TO EXIST IN ITS FAVOR.

Appears in 1 contract

Sources: Loan Modification Agreement (Supertel Hospitality Inc)