Limitation of Liability for Certain Damages. In no event shall the Borrower or any other Loan Party or any Indemnitee be liable on any theory of liability for any special, indirect, consequential or punitive damages (including any loss of profits, business or anticipated savings), except, in the case of the Borrower and each other Loan Party, to the extent that any such damages consist of or arise from claims against any Indemnitee by unaffiliated third parties. The Borrower hereby waives, releases and agrees (and shall cause each other Loan Party to 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 2 contracts
Sources: Credit Agreement (Alere Inc.), Credit Agreement (Alere Inc.)
Limitation of Liability for Certain Damages. In no event shall the Borrower any Indemnitee or any other Loan Party or any Indemnitee Group Member be liable on any theory of liability for any special, indirect, consequential or punitive damages (including any loss of profits, business or anticipated savings), except, except in the case of the Borrower and each other Loan Partya Group Member, to the extent that for any such damages consist payable to a third party for which an Indemnitee is entitled to indemnification under this Agreement. Each of or arise from claims against any Indemnitee by unaffiliated third parties. The Borrower Holdings and the Borrower, and each Lender, Agent and Indemnitee, hereby waives, releases and agrees (and shall cause each other Loan Party to 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: Credit Agreement (White Mountains Insurance Group LTD)