Common use of Limitations on Seller’s Liability Clause in Contracts

Limitations on Seller’s Liability. Notwithstanding any provisions contained in this Agreement: (a) the period of limitations and survival with respect to the representations and warranties of Seller under this Agreement (collectively, “Seller’s Representations and Warranties”) shall expire upon the date which is twelve (12) months following the date of Closing, and (b) Seller’s liability for any and all of Seller’s Representations and Warranties shall be limited to Five Hundred Thousand and no/100 Dollars ($500,000.00) in the aggregate with respect to a breach of Seller’s Representations and Warranties hereunder, as to which Purchaser notifies Seller and institutes legal proceedings against Seller within twelve (12) months following the Closing Date, which notice must describe the breach. In no event shall Seller be liable to Purchaser for consequential, special, indirect, punitive, or exemplary damages, whatever the nature of a breach by Seller of its obligations under this Agreement, and Purchaser hereby waives all claims for consequential, special, indirect, punitive, or exemplary damages and/or lost profits it may have against Seller. The foregoing limitation and waiver shall survive Closing and shall not merge with the Deed or title to the Property.

Limitations on Seller’s Liability. Notwithstanding any provisions anything contained herein to the contrary, if the Closing shall have occurred and Buyer shall not have waived, relinquished and released all rights or remedies available to it at law, in equity or otherwise as provided hereunder, the aggregate liability of Seller arising pursuant to or in connection with the representations, warranties, covenants and other obligations (whether express or implied) of Seller in this Agreement: Agreement and/or any documents executed by Seller in connection with this Agreement (aincluding, without limitation, the Deed, or the General Assignment), shall not exceed One Million and No/100 Dollars ($1,000,000.00) in the period aggregate, exclusive of limitations and survival attorneys' fees which Seller may owe to Buyer as described in Section 14. Notwithstanding the foregoing, Buyer waives its right to bring any claim or cause of action with respect to the representations representations, warranties, covenants and warranties other obligations (whether express or implied) of Seller under in this Agreement and/or any documents executed by Seller in connection with this Agreement (collectivelyincluding, “Seller’s Representations and Warranties”without limitation, the Deed, or the General Assignment), unless the damage to Buyer (individually or when combined with damages from other breaches) shall expire upon the date which is twelve (12) months following the date of Closing, and (b) Seller’s liability for any and all of Seller’s Representations and Warranties shall be limited to Five Hundred equals or exceeds Fifty-Thousand and no/100 No/100 Dollars ($500,000.00) in the aggregate with respect to a breach of Seller’s Representations and Warranties hereunder, as to which Purchaser notifies Seller and institutes legal proceedings against Seller within twelve (12) months following the Closing Date, which notice must describe the breach. In no event shall Seller be liable to Purchaser for consequential, special, indirect, punitive, or exemplary damages, whatever the nature of a breach by Seller of its obligations under this Agreement, and Purchaser hereby waives all claims for consequential, special, indirect, punitive, or exemplary damages and/or lost profits it may have against Seller50,000). The foregoing limitation and waiver provisions of this Section 8.5.2 shall survive Closing and shall not merge with the Deed or title to the PropertyClosing.

Limitations on Seller’s Liability. Notwithstanding any provisions anything contained herein to the contrary, if the Closing shall have occurred and Buyer shall not have waived, relinquished and released all rights or remedies available to it at law, in equity or otherwise as provided hereunder, the aggregate liability of Seller arising pursuant to or in connection with the representations, warranties, covenants and other obligations (whether express or implied) of Seller in this Agreement: Agreement and/or any documents executed by Seller in connection with this Agreement (aincluding, without limitation, the Deed, or the General Assignment), shall not exceed One Million and No/100 Dollars ($1,000,000.00) in the period aggregate, exclusive of limitations and survival attorneys' fees which Seller may owe to Buyer as described in Section 14. Notwithstanding the foregoing, Buyer waives its right to bring any claim or cause of action with respect to the representations representations, warranties, covenants and warranties other obligations (whether express or implied) of Seller under in this Agreement and/or any documents executed by Seller in connection with this Agreement (collectivelyincluding, “Seller’s Representations and Warranties”without limitation, the Deed, or the General Assignment), unless the damage to Buyer (individually or when combined with damages from other breaches) shall expire upon the date which is twelve (12) months following the date of Closing, and (b) Seller’s liability for any and all of Seller’s Representations and Warranties shall be limited to Five Hundred equals or exceeds Fifty-Thousand and no/100 No/100 Dollars ($500,000.00) in the aggregate with respect to a breach of Seller’s Representations and Warranties hereunder, as to which Purchaser notifies Seller and institutes legal proceedings against Seller within twelve (12) months following the Closing Date, which notice must describe the breach. In no event shall Seller be liable to Purchaser for consequential, special, indirect, punitive, or exemplary damages, whatever the nature of a breach by Seller of its obligations under this Agreement, and Purchaser hereby waives all claims for consequential, special, indirect, punitive, or exemplary damages and/or lost profits it may have against Seller50,000). The foregoing limitation and waiver provisions of this Section 8.5.2 shall survive Closing and shall not merge with the Deed or title to the PropertyClosing. 9.