A waiver of damages clause is a provision in a contract where one or both parties agree not to hold each other liable for certain types of damages that may arise from a breach or other contract-related issues. This clause is typically used to limit financial exposure and encourage mutually beneficial risk management.
Waiver of Damages. In no event shall the Purchaser or the Collateral Agent be liable for punitive, exemplary or consequential damages, including, without limitation, lost profits, whatever the nature of a breach by the Purchaser of its obligations under this Note or any of the other Loan Documents, and the Company for itself and the Subsidiaries waives all claims for punitive, exemplary or consequential damages.
Waiver of Damages. In no event shall Company have any liability to Brand Ambassador for any special, consequential, incidental, multiple, punitive, or other indirect loss or damages, or for any loss of profits, business opportunity, competitive advantage, or goodwill arising out of this Agreement. The Company’s total, cumulative liability for any and all claims and damages under this Agreement, whether arising by statute, contract, tort or otherwise, will not exceed the amounts paid hereunder during the twelve (12) month period immediately preceding the event giving rise to the claim.
Waiver of Damages. Watkins hereby waives any right to recover damages, costs, attorneys’ fees, and any other relief in any charge, proceeding or action brought against the Releasees by him or by any other party on his behalf, including without limitation the Equal Employment Opportunity Commission, or other administrative agency, asserting any claims released by Watkins herein. Notwithstanding the foregoing, Watkins does not waive rights, if any, he may have to unemployment insurance benefits or workers’ compensation benefits.
WAIVER OF DAMAGES - Nothing in this Agreement, including but not limited to the release of claims, covenant not to sue, waiver of future employment or confidentiality provision, is intended to or shall interfere with Employee’s right to file a charge or complaint with, or from participating in an investigation or proceeding conducted by, the Securities and Exchange Commission, the National Labor Relations Board, the EEOC or any other federal, state or local agency enforcing any employment law; nor is it intended to and shall not interfere with Employee’s exercising rights under those agencies. Employee retains the right to participate in any such action, and retains the right to communicate with the EEOC and any other federal, state, or local agency enforcing discrimination laws and such communication shall not be limited by any provision in this Agreement. Employee shall not, however, be entitled to receive any relief, recovery or monies in connection with any Released Claim brought against any of the Released Parties, regardless of who filed or initiated any such complaint, charge or proceeding.
Waiver of Redemption; Waiver of Damages. Subtenant hereby expressly waives any and all rights of redemption to which it may be entitled by or under any present or future laws in the event Sublandlord shall obtain a judgment for possession of the Premises. In no event shall Sublandlord be liable for, and Subtenant hereby waives any claim for, any indirect, consequential or punitive damages, including loss of profits or business opportunity, arising under or in connection with this Sublease.
Waiver of Damages. Neither party hereunder shall be liable to the other party for any special, indirect, loss of use, lost profits, or consequential (other than actual and direct) damages arising under or out of this Agreement or the transactions contemplated herein.
Waiver of Damages. The Sellers and GGP, on the one hand, and the Purchaser, on the other hand, each agrees, to the fullest extent permitted by applicable law, not to assert, and hereby waives, any claim against any other party, on any theory of liability, for any special, indirect, consequential or punitive damages (as opposed to actual or direct damages) resulting from this Agreement or arising out of such other party’s activities in connection herewith; provided that this sentence shall in no way limit or vitiate any obligations of a party to indemnify the other party hereunder with respect to any third-party claims for special, indirect, consequential or punitive damages whatsoever.
Waiver of Damages.
In no event shall Lender be liable to Borrower for punitive, exemplary, or consequential damages, including lost profits, for any breach of this Agreement or any of the other Loan Documents, or for any action, in contract or tort, arising out of or relating to the relationship between Lender and Borrower, and Borrower for itself and on behalf of its Guarantors waives all claims for punitive, exemplary, or consequential damages.
A Waiver of Damages is a contractual provision whereby one party agrees not to hold the other liable for any harm or loss that may occur as a result of their agreement. This clause is intended to limit potential liabilities and is often utilized in scenarios where the risks are acknowledged, and the party is willing to forego claims for damages.
When should I use a Waiver of Damages?
You should consider using a Waiver of Damages in situations where:
You want to limit your exposure to legal and financial liabilities.
Engaging in high-risk activities or agreements, such as construction projects or lease arrangements, where damages may occur.
Both parties agree to assume their respective risks without seeking compensation from one another.
It serves as a negotiation tool to facilitate a mutually agreeable contract by managing or minimizing possible disputes over damages.
How do I write a Waiver of Damages?
To write a Waiver of Damages, follow these steps:
Identify the Parties Involved: Clearly state the names of all parties entering the agreement.
Describe the Activity or Context: Specify the activities or subject matter in which the waiver applies.
Explicitly State the Waiver: Use clear language to explain that one party waives their right to claim any damages from the other party.
Limit or Specify the Scope: If applicable, delineate any limitations or specific types of damages that are being waived.
Include Consideration: Ensure there is something of value exchanged to validate the waiver.
Acknowledge Understanding: Indicate that all parties have read, understood, and agreed to the terms without duress.
Signatures: Have all parties involved sign and date the waiver to signify agreement.
Example:
“The Tenant hereby waives and releases any and all claims against the Landlord for damages arising out of, or connected with, the Tenant’s use of the rental premises, except in cases of gross negligence or intentional misconduct by the Landlord.”
Which contracts typically contain a Waiver of Damages?
Contracts that commonly incorporate a Waiver of Damages include:
Construction Contracts: To limit liability for potential defects or property damage during the building process.
Leasing Agreements: Landlords and tenants may agree to forgo claims against each other for certain types of property damage.
Event Contracts: For activities that entail risk, such as sporting events or entertainment shows, where event organizers seek to minimize liability.
Service Agreements: Used by contractors, consultants, or service providers to protect against claims for damages resulting from their work or advice.
Partnership Agreements: Partners might agree to not hold each other liable for losses incurred in the ordinary course of business operations.
In each of these scenarios, the use of a Waiver of Damages helps manage risk and protect parties from potential legal claims arising from unforeseen damages.
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