Common use of Limitation on Right to Terminate; Effect of Termination Clause in Contracts

Limitation on Right to Terminate; Effect of Termination. If this Agreement is terminated as permitted under Section 10.01 hereof, this Agreement shall thereafter become void and have no effect and no Party shall have liability to any Party, or any shareholder, director, officer, employee, agent, servant, consultant or representative of such Party except for the obligations of the parties hereto contained in this Section 10.02 and Section 12.03; provided, however, that if such termination shall result from the failure of any Party to fulfill a condition to the Closing or to perform a covenant of this Agreement or from a breach of this Agreement by any Party thereto, then such Party shall be fully liable for any and all direct and indirect costs, not including consequential damages, sustained or incurred by the other Party.