Common use of No Consequential Damages Clause in Contracts

No Consequential Damages. The parties hereto expressly acknowledge and agree that no party hereto shall have any liability under any provision of this Agreement for any punitive, incidental, consequential, special or indirect damages, including business interruption, loss of future revenue, profits or income, or loss of business reputation or opportunity relating to the breach or alleged breach of this Agreement.

Appears in 3 contracts

Sources: Agreement and Plan of Merger (STR Holdings LLC), Agreement and Plan of Merger (STR Holdings (New) LLC), Merger Agreement (Sun Healthcare Group Inc)

No Consequential Damages. The parties hereto expressly acknowledge and agree that Notwithstanding anything to the contrary elsewhere in this Agreement, no party hereto shall have (or its affiliates) shall, in any liability under event, be liable to any provision of this Agreement other party (or its affiliates) for any punitive, incidental, consequential, special or indirect consequential damages, including business interruptionincluding, but not limited to, loss of future revenue, profits revenue or income, cost of capital, or loss of business reputation or opportunity relating to the breach or alleged breach of this Agreement.

Appears in 3 contracts

Sources: Merger Agreement (Rent a Center Inc De), Asset Purchase Agreement (Rent a Center Inc De), Asset Purchase Agreement (Renters Choice Inc)

No Consequential Damages. The parties hereto expressly acknowledge and agree Notwithstanding anything to the contrary that may be contained elsewhere in this Agreement, no party hereto shall have (or its Affiliates) shall, in any liability under event, be liable to any provision of this Agreement other party (or its Affiliates) for any punitiveconsequential damages including, incidental, consequential, special or indirect damages, including business interruptionbut not limited to, loss of future revenue, profits revenue or income, cost of capital, or loss of business reputation or opportunity relating to the breach or alleged breach of this Agreement.

Appears in 2 contracts

Sources: Asset Purchase Agreement (Sports Club Co Inc), Asset Purchase Agreement (Sports Club Co Inc)

No Consequential Damages. The parties hereto expressly acknowledge and agree that Notwithstanding anything to the contrary elsewhere in this Agreement (including, without limitation, the provisions of Article XI), no party hereto shall have (or its Affiliates) shall, in any liability under any provision of this Agreement event, be liable to any/the other party (or its Affiliates) for any punitive, incidental, consequential, special consequential or indirect punitive damages, including business interruptionincluding, but not limited to, loss of future revenue, profits revenue or income, cost of capital, or loss of business reputation or opportunity relating to the breach or alleged breach of this Agreement.

Appears in 2 contracts

Sources: Asset Purchase Agreement (Cypress Bioscience Inc), Asset Purchase Option Agreement (Cypress Bioscience Inc)

No Consequential Damages. The parties hereto expressly acknowledge and agree that no party hereto shall have any liability under any provision of this Agreement for any punitive, incidental, consequential, special or indirect damages, including business interruption, loss of future revenue, profits or income, or loss of business reputation or opportunity relating to the breach or alleged breach of this Agreement (other than in the case of fraud or willful breach of this Agreement).

Appears in 2 contracts

Sources: Asset Purchase Agreement (Xanser Corp), Asset Purchase Agreement (Flowserve Corp)

No Consequential Damages. The parties hereto expressly acknowledge and agree that Notwithstanding anything to the contrary elsewhere in this Agreement, no party hereto shall have shall, in any liability under event, be liable to any provision of this Agreement other party for any punitiveconsequential, incidental, consequential, special or indirect damagespunitive damages of such other party, including business interruption, loss of future revenue, profits income or incomeprofits, diminution of value or loss of business reputation or opportunity relating to the breach or alleged breach of this Agreementhereof.

Appears in 2 contracts

Sources: Membership Interests and Asset Purchase Agreement, Membership Interest and Asset Purchase Agreement (Catalytica Energy Systems Inc)

No Consequential Damages. The parties hereto expressly acknowledge and agree that In no event will any party hereto shall have any liability under any provision of to this Agreement be liable to any other party for any punitive, incidentalexemplary, consequentialindirect, special special, incidental or indirect consequential damages, including business interruption, loss of future revenue, lost profits or incomesavings, damage to business reputation or loss of business reputation or opportunity relating to the breach or alleged breach of this Agreementopportunity.

Appears in 2 contracts

Sources: Asset Purchase Agreement, Asset Purchase Agreement (New Century Financial Corp)

No Consequential Damages. The parties hereto expressly acknowledge and agree that Notwithstanding anything to the contrary elsewhere in this Agreement, no party hereto shall have (or its Affiliates) shall, in any liability under event, be liable to any provision of this Agreement other party (or its Affiliates) for any punitive, incidental, consequential, special or indirect consequential damages, including business interruptionincluding, but not limited to, loss of future revenue, profits revenue or income, cost of capital, or loss of business reputation or opportunity relating to the breach or alleged breach of this Agreement.

Appears in 2 contracts

Sources: Merger Agreement (Rent a Center Inc De), Merger Agreement (Rainbow Rentals Inc)

No Consequential Damages. The parties hereto expressly acknowledge and agree that Notwithstanding anything to the contrary contained in this Agreement, in no party hereto event shall have any liability under any provision of this Agreement Party be liable to the other Party for any punitive, incidental, consequentialindirect, special special, punitive or indirect damages, including business interruption, loss of future revenue, profits or income, or loss of business reputation or opportunity relating to the breach or alleged breach of this Agreementconsequential damages that such other Party may suffer.

Appears in 2 contracts

Sources: Purchase and Sale Agreement (Valero Energy Corp/Tx), Light Products Off Take Agreement (Valero Energy Corp/Tx)

No Consequential Damages. The parties hereto expressly acknowledge and agree that Notwithstanding anything to the contrary contained herein, no party to this agreement shall be liable to or otherwise responsible to any other party hereto shall have or any affiliate of any other party hereto for consequential, incidental or punitive damages or for diminution in value or lost profits that arise out of or relate to this agreement or the performance or breach thereof or any liability under any provision of this Agreement for any punitive, incidental, consequential, special retained or indirect damages, including business interruption, loss of future revenue, profits or income, or loss of business reputation or opportunity relating to the breach or alleged breach of this Agreementassumed hereunder.

Appears in 2 contracts

Sources: Stock and Asset Purchase Agreement (Pfizer Inc), Asset Purchase Agreement (American Medical Systems Holdings Inc)

No Consequential Damages. The parties hereto expressly acknowledge and agree that Notwithstanding anything herein to the contrary, no party hereto shall have any liability be liable under any provision of this Agreement or with respect to the transactions contemplated hereby for any consequential, exemplary, punitive, incidentalspecial, consequential, special indirect or indirect incidental damages, including business interruptionor any multiple of damages or diminution of value, including, without limitation, loss of future revenue, profits or income, or loss of business reputation or opportunity relating to the breach or alleged breach of this Agreementrevenue.

Appears in 2 contracts

Sources: Share Purchase Agreement, Share Purchase Agreement (GCL Silicon Technology Holdings Inc.)

No Consequential Damages. The parties hereto expressly acknowledge and agree that Notwithstanding anything to the contrary elsewhere in this Agreement, no party hereto shall have (or its affiliates) shall, in any liability under event, be liable to any provision of this Agreement other party (or its affiliates) for any punitive, incidental, consequential, special or indirect consequential damages, including business interruptionincluding, but not limited to, loss of future revenue, profits revenue or income, cost of capital, or loss of business reputation or opportunity relating to the breach or alleged breach of this Agreement.. ASSET PURCHASE AGREEMENT

Appears in 1 contract

Sources: Asset Purchase Agreement (Rent Way Inc)

No Consequential Damages. The parties hereto expressly acknowledge and agree that no No party hereto shall have (or its Affiliates) shall, in any liability under event, be liable to any provision of this Agreement other party (or its Affiliates) for any punitive, incidental, consequential, special or indirect consequential damages, including business interruptionincluding, but not limited to, loss of future revenue, profits revenue or income, cost of capital, or loss of business reputation or opportunity relating to the breach or alleged breach of this Agreement.

Appears in 1 contract

Sources: Asset Purchase Agreement (Nn Inc)

No Consequential Damages. The parties hereto expressly acknowledge and agree that Notwithstanding anything to the contrary elsewhere in this Agreement, no party hereto shall have (or its Affiliates) shall, in any liability under event, be liable to any provision of this Agreement other party (or its Affiliates) for any punitive, incidental, consequential, special or indirect consequential damages, including business interruptionincluding, but not limited to, loss of future revenue, profits revenue or income, or loss of business reputation or opportunity relating to the breach or alleged breach of this Agreement. The foregoing shall not be deemed to limit Purchaser's right to specific performance with respect to SECTIONS 2.1, 3.1, 7.1, 7.3 and 7.4.

Appears in 1 contract

Sources: Stock Purchase Agreement (Communication Telesystems International)

No Consequential Damages. The Notwithstanding anything to the contrary contained in this Agreement, in no event shall a party hereto be liable to the other parties hereto expressly acknowledge and agree that no party hereto shall have or any liability under any provision Managing Director, officer or employee of this Agreement the Company for any punitivespecial, incidental, consequential, special incidental or indirect consequential damages, including business interruption, loss of future revenue, profits or income, or loss of business reputation or opportunity relating to the breach or alleged breach of this Agreement.

Appears in 1 contract

Sources: Shareholders Agreement (America Movil Sa De Cv/)

No Consequential Damages. The parties hereto expressly acknowledge and agree that Notwithstanding anything to the contrary elsewhere in this Agreement, no party hereto shall have (or its Affiliates) shall, in any liability under event, be liable to any provision of this Agreement other party (or its Affiliates) for any punitive, incidental, consequential, special or indirect consequential damages, including business interruptionincluding, but not limited to, loss of future revenue, profits revenue or income, or loss of business reputation or opportunity relating to the breach or alleged breach of this Agreement.

Appears in 1 contract

Sources: Stock Purchase and Contribution Agreement (Western Investment Real Estate Trust)

No Consequential Damages. The parties hereto expressly acknowledge and agree that Notwithstanding anything to the contrary contained in this Agreement, under no party hereto circumstance shall have a Party or any liability under of its Affiliates be held liable to the other Party or any provision of this Agreement the other Party’s Affiliates for any punitive, incidental, consequential, special or indirect damages, including business interruptionloss of profit, loss of future revenueuse, profits loss of production, loss of contracts or incomefor any other indirect or consequential damage that may be suffered by the other, or loss of business reputation for any special, exemplary or opportunity relating to the breach or alleged breach of this Agreementpunitive damages.

Appears in 1 contract

Sources: Norco Site Services, Utilities, Materials and Facilities Agreement (Hexion Specialty Chemicals, Inc.)

No Consequential Damages. The parties hereto expressly acknowledge and agree that Notwithstanding anything to the contrary elsewhere in this Agreement, no party hereto shall have (or its Affiliates) shall, in any liability under any provision of this Agreement event, be liable to the other parties (or its Affiliates) for any punitive, incidental, consequential, special or indirect punitive damages, including business interruptionincluding, but not limited to, loss of future revenue, profits revenue or income, or loss of business reputation or opportunity relating to the breach or alleged breach of this Agreement.

Appears in 1 contract

Sources: Stock Purchase Agreement (North American Nickel Inc.)

No Consequential Damages. The parties hereto expressly acknowledge and agree that no party hereto shall have any liability under any provision of Notwithstanding anything in this Agreement for any punitiveto the contrary, incidental, consequential, special no Party or indirect damages, including business interruption, loss of future revenue, profits or incomeits Affiliates, or loss of business reputation or opportunity relating to the breach or alleged breach of this Agreementtheir respective Representatives, shall be liable for Non-Reimbursable Damages.

Appears in 1 contract

Sources: Build Transfer Agreement (Public Service Co of New Mexico)

No Consequential Damages. The parties hereto expressly acknowledge and agree that no party hereto shall have any liability under Notwithstanding any provision of this Agreement Agreement, no party shall be liable, for any punitive, incidental, consequential, consequential special or indirect punitive damages, including business interruption, loss of future revenue, profits revenue or income, diminution in value of securities or loss of business reputation or opportunity relating to the breach or alleged breach of this Agreement, except to the extent that such damages are paid or payable to a third party by such other party.

Appears in 1 contract

Sources: Merger Agreement (Berry Plastics Corp)

No Consequential Damages. The parties hereto expressly acknowledge and agree that no party hereto shall have any liability under any provision of this Agreement for any punitive, incidental, consequential, special or indirect damages, including business interruption, diminution in value, loss of future revenue, profits or income, or loss of business reputation or opportunity relating to the breach or alleged breach of this Agreement.

Appears in 1 contract

Sources: Stock Purchase Agreement (Americredit Corp)

No Consequential Damages. The parties hereto expressly acknowledge and agree that Notwithstanding anything to the contrary elsewhere in this Agreement, no party hereto shall have (or its Affiliates) shall, in any liability under any provision of this Agreement event, be liable to the other party (or its Affiliates) for any punitive, incidental, consequential, special or indirect consequential damages, including business interruptionincluding, but not limited to, loss of future revenue, profits revenue or income, cost of capital, or loss of business reputation or opportunity relating to the breach or alleged breach of this Agreement.

Appears in 1 contract

Sources: Asset Purchase Agreement (Goodman Conveyor Co)

No Consequential Damages. The parties hereto expressly acknowledge and agree that Notwithstanding anything to the ------------------------ contrary elsewhere in this Agreement, no party hereto shall have (or its Affiliates) shall, in any liability under any provision of this Agreement event, be liable to the other party (or its Affiliates) for any punitive, incidental, consequential, special or indirect punitive damages, including business interruptionincluding, but not limited to, loss of future revenue, profits revenue or income, or loss of business reputation or opportunity relating to the breach or alleged breach of this Agreement.

Appears in 1 contract

Sources: Stock Purchase Agreement (Ch2m Hill Companies LTD)

No Consequential Damages. The parties hereto expressly acknowledge and agree that no party hereto shall have Notwithstanding any liability under any other provision of this Agreement Agreement, neither party shall be liable to the other for any punitiveconsequential damages incurred due to the fault of the other party, incidentalregardless of the nature of this fault or whether it was committed by the Client or ▇▇▇▇▇▇▇ Associates, consequentialLLC, special their employees, agents, or indirect damagessubconsultants. Consequential damages include, including business interruptionbut are not limited to, loss of future revenue, profits or income, or use and loss of business reputation or opportunity relating to the breach or alleged breach of this Agreementprofit.

Appears in 1 contract

Sources: Standard Terms & Conditions

No Consequential Damages. The parties hereto expressly acknowledge and agree that Notwithstanding anything to the contrary elsewhere in this Agreement, no party hereto shall have Party shall, in any liability under event, be liable to any provision of this Agreement other Person for any punitiveconsequential, incidental, consequentialindirect, special or indirect damagespunitive damages of such other Person, including business interruption, loss of future revenue, profits income or incomeprofits, diminution of value or loss of business reputation or opportunity relating to the breach or alleged breach of this Agreementhereof.

Appears in 1 contract

Sources: Investment Agreement (Lodgenet Interactive Corp)

No Consequential Damages. The parties hereto expressly acknowledge and agree that no party hereto shall have any liability under any provision of Notwithstanding anything contained in this Agreement to the contrary, neither Party shall be liable to the other, any other person, for any punitiveindirect, special, incidental, consequential, special exemplary or indirect damages, including business interruption, loss of future revenue, punitive damages or lost profits or incomebusiness arising out or related to this Agreement, or loss of business reputation or opportunity relating to the breach performance or alleged breach of any of the warranties, representations or covenants contained in this Agreement.

Appears in 1 contract

Sources: Asset Purchase Agreement (Lason Inc)

No Consequential Damages. The parties hereto expressly acknowledge and agree that Notwithstanding anything to the contrary elsewhere in this Agreement, no party hereto shall have (or its Group members) shall, in any liability under event, be liable to any provision of this Agreement other party (or its Group members) for any punitive, incidental, consequential, special or indirect consequential damages, including business interruptionincluding, but not limited to, loss of future revenue, profits revenue or income, or loss of business reputation or opportunity relating to the breach or alleged breach of this Agreement, except for consequential damages, if any, that comprise a portion of an indemnifiable Loss under Article VIII.

Appears in 1 contract

Sources: Stock Purchase Agreement (Perot Systems Corp)

No Consequential Damages. The parties hereto expressly acknowledge and agree that Notwithstanding anything to the contrary elsewhere in this Agreement, no party hereto shall have (or its Affiliates) shall, in any liability under event, be liable to any provision of this Agreement other party (or its Affiliates) for any punitive, incidental, consequential, special consequential or indirect punitive damages, including business interruption, loss of future revenue, profits or income, or loss of business reputation or opportunity relating to the breach or alleged breach of this Agreement.

Appears in 1 contract

Sources: Stock Exchange Agreement (Dole Food Company Inc)

No Consequential Damages. The parties hereto expressly acknowledge and agree that Notwithstanding anything to the contrary ------------------------ elsewhere in this Agreement, no party hereto shall have (or any liability under of its Affiliates) shall, in any provision event, be liable to any other party (or any of this Agreement its Affiliates) for any punitiveconsequential, incidental, consequential, special or indirect damagespunitive damages of such other party (or any of its Affiliates), including business interruption, loss of future revenue, profits income or incomeprofits, diminution of value or loss of business reputation or opportunity relating to the breach or alleged breach of this Agreementhereof.

Appears in 1 contract

Sources: Asset Purchase Agreement (Agway Inc)

No Consequential Damages. The parties hereto expressly acknowledge and agree that Notwithstanding anything to the contrary contained in this Agreement, under no circumstances shall any party hereto shall have be liable to any liability under any provision of this Agreement other party for any punitiveindirect, incidental, consequential, special or indirect exemplary damages (even if such party has been advised of the possibility of such damages), including business interruptionarising from any provision of this agreement, such as, but not limited to, loss of future revenue, revenue or anticipated profits or income, or loss of business reputation or opportunity relating to the breach or alleged breach of this Agreementlost business.

Appears in 1 contract

Sources: License Agreement (Inter Parfums Inc)

No Consequential Damages. The parties hereto expressly acknowledge and agree that Notwithstanding anything to the contrary elsewhere in this Agreement, no party hereto shall have (or its Affiliates) shall, in any liability under event, be liable to the other party (or any provision of this Agreement other Person) for any punitive, incidental, consequential, special indirect or indirect consequential damages, including business interruptionincluding, but not limited to, lost profits, loss of future revenue, profits or income, cost of capital or loss of business reputation or opportunity relating to the breach or alleged breach of this Agreement.

Appears in 1 contract

Sources: Stock Purchase Agreement (Celestica Inc)