Common use of Purchaser Limitations Clause in Contracts

Purchaser Limitations. (i) The Seller Group shall not be entitled to any punitive, incidental, indirect, special or consequential damages included in any Seller Claim or otherwise resulting from, in connection with or arising out of this Agreement or the Ancillary Agreements, including such damages for lost revenues, income or profits, diminution in value of the Project or for any other damage or loss resulting from the disruption to or loss of operation of the Project and including any damage or loss resulting from or attributable to failure of the Facility Purchaser to consummate the transactions contemplated by the Facility Purchase Agreement;; provided that this limitation shall not apply to any Seller Claim for indemnification from any punitive, incidental, indirect, special or consequential damages awarded against Seller as a result of a Third Party Claim. (ii) The aggregate damages to which the Seller Group shall be entitled under Section 7.2(a) shall be limited to (A) $1,817,324.00, with respect to Seller Claims asserted before the Closing, (B) $726,929.60, with respect to Seller Claims asserted after the Closing through the day before the date that is six months after the Closing Date, (C) $363,464.80, with respect to Seller Claims asserted on or after the date that is six months after the Closing Date through the date that is one year after the Closing Date and (D) $0 with respect to Seller Claims asserted thereafter. (iii) Notwithstanding the foregoing, the limitations in paragraph (ii) above shall not apply with respect to Seller Claims resulting from, in connection with or arising out of any fraudulent act or intentional breach by Purchaser, which Seller Claims shall be instead limited to (A) $6,687,752.00, with respect to such Seller Claims asserted prior to October 15, 2005 if the Closing has not occurred by the time such Seller Claims are asserted, (B) $6,905,831.00, with respect to such Seller Claims asserted from October 15, 2005 through October 14, 2006 if the Closing has not occurred by the time such Seller Claims are asserted, and (C) $7,269,296.00, with respect to such Seller Claims asserted from October 15, 2006 through the Expiration Date if the Closing has not occurred by the time such Seller Claims are asserted.