No Consequential, Incidental or Punitive Damages. Each Party further hereby agrees, except as provided in the last sentence of this Section, as to any relief it may seek for the other Party’s default or breach hereunder, it shall not have the right to seek or claim, and shall not seek, claim, demand, bring suit for or pray for any relief in the nature of consequential, incidental, punitive, exemplary or statutory damages in the event of any breach of this Agreement by the other Party, whether occurring before or after Closing, which excluded damages include, without limitation, any claim for “lost opportunities,” “changes in markets,” “loss of tax benefits,” or the like. Nothing in this Section is intended to contradict or bar a Party’s right to damages or compensation in accordance with any provision in any of Sections 15.1 or 15.2 hereof or the right to recover attorney’s fees pursuant to Section 17.1 hereof, whether or not such damages or compensation might otherwise be characterized as “consequential” or “incidental” damages.
Appears in 2 contracts
Sources: Purchase and Sale Agreement (Excel Trust, Inc.), Purchase and Sale Agreement (Excel Trust, Inc.)
No Consequential, Incidental or Punitive Damages. Each Party further hereby agrees, except as provided in Without limiting the last sentence provisions of this SectionSection 9.4, as each of Buyer and Seller hereby agrees that with respect to any relief it such party may seek during the pendency of this Agreement or after Closing for the other Partyparty’s default or breach hereunderunder this Agreement or the Closing documents, it whether occurring before or after Closing, such party shall not have the right under any circumstance to seek or claim, and shall not seek, claim, demand, bring suit for or pray for any relief in the nature of consequential, incidental, special, punitive, exemplary or statutory damages in the event of any breach of this Agreement by the other Party, whether occurring before or after Closingdamages, which excluded damages include, without limitation, any claim for “lost opportunities,” “changes in markets,” “loss of tax benefits,” or the like. Nothing in this Section is intended to contradict or bar a Partysuch party’s right to damages or compensation in accordance with any provision in any of Sections 15.1 or 15.2 hereof or the right to recover attorney’s attorneys’ fees pursuant to Section 17.1 hereof33, whether or not such damages or compensation might otherwise be characterized as “consequential” or “incidental” damages.
Appears in 2 contracts
Sources: Purchase and Sale Agreement (Plumas Bancorp), Purchase and Sale Agreement (Plumas Bancorp)
No Consequential, Incidental or Punitive Damages. Each Party further hereby agrees, except as provided in the last sentence of this Section, as to any relief it may seek for the other Party’s 's default or breach hereunder, it shall not have the right to seek or claim, and shall not seek, claim, demand, bring suit for or pray for any relief in the nature of consequential, incidental, punitive, exemplary or statutory damages in the event of any breach of this Agreement and/or any of the Transaction Documents by the other Party, whether occurring before or after Closing, which excluded damages include, without limitation, any claim for “lost opportunities,” “changes in markets,” “loss of tax benefits,” or the like. Nothing in this Section is intended to contradict or bar a Party’s 's right to damages or compensation in accordance with any provision in any of Sections 15.1 8.6(a), (b), (c), (f) or 15.2 (g) hereof or the right to recover attorney’s attorneys' fees pursuant to Section 17.1 14.8 hereof, whether or not such damages or compensation might otherwise be characterized as “consequential” or “incidental” damages.
Appears in 2 contracts
Sources: Purchase and Sale Agreement (Pacific Office Properties Trust, Inc.), Purchase and Sale Agreement (Pacific Office Properties Trust, Inc.)