The Borrower shall not be liable to any Indemnitee for any special, indirect, consequential or punitive damages (as opposed to direct or actual damages (which may include special, indirect, consequential or punitive damages asserted against any such party hereto by a third party)) arising out of, in connection with, or as a result of this Agreement or any agreement or instrument contemplated hereby, the Transactions, any Letter of Credit or the use of proceeds thereof or any LC Disbursement, asserted by an Indemnitee against the Borrower or any other Obligor; provided that, the foregoing limitation shall not be deemed to impair or affect the obligations of the Borrower under the preceding provisions of this subsection with respect to damages not expressly described in the foregoing limitation.

The Borrower shall not be liable to any Indemnitee for any special, indirect, consequential or punitive damages (as opposed to direct or actual damages (which may include special, indirect, consequential or punitive damages asserted against any such party hereto by a third party)) arising out of, in connection with, or as a result of this Agreement or any agreement or instrument contemplated hereby, the Transactions, any Letter of Credit or the use of proceeds thereof or any LC Disbursement,Transactions asserted by an Indemnitee against the Borrower or any other Obligor; provided that,that the foregoing limitation shall not be deemed to impair or affect the obligations of the Borrower under the preceding provisions of this subsection with respect to damages not expressly described in the foregoing limitation.subsection.

To the extent permitted by applicable law, the Borrower shall not be liable toassert, and hereby waives, any Indemniteeclaim against any Indemnitee, on any theory of liability, for any special, indirect, consequential or punitive damages (as opposed to actual or direct or actual damages (which may include special, indirect, consequential or punitive damages asserted against any such party hereto by a third party))damages) arising out of, in connection with,with or as a result of this AgreementAgreement, any other Loan Document or any agreement or instrument contemplated hereby, the Transactions,transactions contemplated therein, any Loan or any Letter of Credit or the use of proceeds thereof orthereof; provided that nothing in this [clause (e)] shall relieve the Borrower of any LC Disbursement, asserted by anobligation it may have to indemnify any Indemnitee against the Borrowerspecial, indirect, consequential or any other Obligor; provided that, the foregoing limitation shall not be deemed to impair or affect the obligations of the Borrower under the preceding provisions of this subsection with respect topunitive damages not expressly described in the foregoing limitation.asserted against such Indemnitee by a third party.

To the extent permitted by applicable law, the Borrower shall not be liable toassert, and hereby waives, any Indemniteeclaim against any Indemnitee, on any theory of liability, for any special, indirect, consequential or punitive damages (as opposed to actual or direct or actual damages (which may include special, indirect, consequential or punitive damages asserted against any such party hereto by a third party))damages) arising out of, in connection with,with or as a result of this AgreementAgreement, any other Loan Document or any agreement or instrument contemplated hereby, the Transactions,transactions contemplated therein, any Loan or any Letter of Credit or the use of proceeds thereof orthereof; provided that nothing in this paragraph # shall relieve the Borrower of any LC Disbursement, asserted by anobligation it may have to indemnify any Indemnitee against the Borrowerspecial, indirect, consequential or any other Obligor; provided that, the foregoing limitation shall not be deemed to impair or affect the obligations of the Borrower under the preceding provisions of this subsection with respect topunitive damages not expressly described in the foregoing limitation.asserted against such Indemnitee by a third party.

The Borrower shall not be liable to any Indemnitee for any special, indirect, consequential or punitive damages (as opposed to direct or actual damages (which may include special, indirect, consequential or punitive damages asserted against any such party hereto by a third party)) arising out of, in connection with, or as a result of this Agreement or any agreement or instrument contemplated hereby, the Transactions, any Letter of Credit or the use of proceeds thereof or any LC Disbursement,Transactions asserted by an Indemnitee against the Borrower or any other Obligor;Obligor, provided that,that the foregoing limitation shall not be deemed to impair or affect the obligations of the Borrower under the preceding provisions of this subsectionsubsection. Paragraph # of this Section shall not apply with respect to damages not expressly described in the foregoing limitation.Taxes other than any Taxes that represent losses, claims, damages, etc. arising from any non-Tax claim

No Indemnitee nor any Loan Party shall not be liable toon any Indemniteetheory of liability, for any special, indirect, consequential or punitive damages (as opposed to direct or actual damages (which may include special, indirect, consequential or punitive damages asserted against any such party hereto by a third party))damages) arising out of, in connection with, or as a result ofof, this AgreementAgreement, any other Loan Document, or any agreement or instrument contemplated hereby,hereby or thereby, the Transactions, any Loan (including any Swingline Loan) or Letter of Credit or the use of the proceeds thereof orthereof; provided, that nothing in this [clause (e)] shall relieve any LC Disbursement, asserted byLoan Party of any obligation it may have to indemnify an Indemnitee against the Borrowerspecial, indirect, consequential or any other Obligor; provided that, the foregoing limitation shall not be deemed to impair or affect the obligations of the Borrower under the preceding provisions of this subsection with respect topunitive damages not expressly described in the foregoing limitation.asserted against such Indemnitee by a third party.

To the extent permitted by applicable law, the Borrower shall not be liable toassert, and hereby waives, any Indemniteeclaim against any Indemnitee, on any theory of liability, for any special, indirect, consequential or punitive damages (as opposed to direct or actual damages (which may include special, indirect, consequential or punitive damages asserted against any such party hereto by a third party))damages) arising out of, in connection with, or as a result ofof, this Agreement or any agreement or instrument contemplated hereby, the Transactions,Transactions or any Letter of CreditLoan or the use of the proceeds thereof or any LC Disbursement, asserted by an Indemnitee against the Borrower or any other Obligor; provided that, the foregoing limitation shall not be deemed to impair or affect the obligations of the Borrower under the preceding provisions of this subsection with respect to damages not expressly described in the foregoing limitation.thereof.

To the fullest extent permitted by applicable law, the Borrower shall not be liable toassert, and the Borrower hereby waives, any Indemniteeclaim against any Indemnitee, on any theory of liability, for any special, indirect, consequential or punitive damages (as opposed to direct or actual damages (which may include special, indirect, consequential or punitive damages asserted against any such party hereto by a third party))damages) arising out of, in connection with, or as a result ofof, this Agreement or any agreement or instrument contemplated hereby, the Transactions,transactions contemplated hereby or thereby, any Letter of CreditLoan or the use of the proceeds thereof or any LC Disbursement, asserted by an Indemnitee against the Borrower or any other Obligor; provided that, the foregoing limitation shall not be deemed to impair or affect the obligations of the Borrower under the preceding provisions of this subsection with respect to damages not expressly described in the foregoing limitation.thereof.

To the fullest extent permitted by applicable law, the Borrower shall not be liable toassert, and each hereby waives, any Indemniteeclaim against any Indemnitee, on any theory of liability, for any special, indirect, consequential or punitive damages (as opposed to direct or actual damages (which may include special, indirect, consequential or punitive damages asserted against any such party hereto by a third party))damages) arising out of, in connection with, or as a result of this Agreementof, any Credit Document or any agreement or instrument contemplated hereby,thereby, the Transactions,transactions contemplated thereby, any Letter of CreditLoan or the use of the proceeds thereofthereof. No Indemnitee shall be liable for any damages arising from the use by unintended recipients of any information or other materials distributed by such Indemnitee through telecommunications, electronic or other information transmission systems in connection with any LC Disbursement, asserted by an Indemnitee againstCredit Document or the Borrowertransactions contemplated hereby or any other Obligor; provided that, the foregoing limitation shall not be deemed to impair or affect the obligations of the Borrower under the preceding provisions of this subsection with respect to damages not expressly describedthereby in the foregoing limitation.absence of such Indemnitee’s own gross negligence or willful misconduct as determined by a court of competent jurisdiction by final and nonappealable judgment.

Without limiting in any way the indemnification obligations of the Borrower pursuant to [Section 9.03(b)] or of the Lenders pursuant to [Section 8.06], to the extent permitted by applicable law, each party hereto shall not be liable toassert, and hereby waives, any claim against any Indemnitee on any theory of liability, for any special, indirect, consequential or punitive damages (as opposed to direct or actual damages (which may include special, indirect, consequential or punitive damages asserted against any such party hereto by a third party))damages) arising out of, in connection with, or as a result ofof, this AgreementAgreement, any other Loan Document or any agreement or instrument contemplated hereby, the Transactions,Transactions or any Loan or Letter of Credit or the use of the proceeds thereof or; provided that nothing in this sentence shall relieve the Borrower of any LC Disbursement, asserted byobligation it may have to indemnify an Indemnitee against special, indirect, consequential or punitive damages asserted against such Indemnitee by a third party. No Indemnitee shall be liable for any damages arising from the Borroweruse by unintended recipients of any information or any other Obligor; provided that,materials distributed to such unintended recipients by such Indemnitee through telecommunications, electronic or other information transmission systems in connection with this Agreement or the foregoing limitation shall not be deemed to impairother Loan Documents or affect the obligationstransactions contemplated hereby or thereby other than for direct or actual damages resulting from the gross negligence, bad faith or willful misconduct of the Borrower under the preceding provisionssuch Indemnitee as determined by a final and non-appealable judgment of this subsection with respect to damages not expressly described in the foregoing limitation.a court of competent jurisdiction.