America Online 2010 Annual Report Download - page 172

10.17 No Consequential Damages. Notwithstanding any provision to the contrary in this Agreement: (i) in no event will either party be liable for any
consequential, indirect, exemplary, special, or incidental damages arising from or in any way relating to this Agreement; and, (ii) in no event shall either party
seek satisfaction for any obligation from any of the other party's partners, shareholders, members, managers, officers, directors, trustees, beneficiaries,
employees, agents, legal representatives, successors or assigns, nor shall any such person or entity have any personal liability for any such obligations of such
party. The provisions of this Section 10.17 shall survive termination of this Agreement or the Closing of the transaction contemplated hereby. The foregoing
limitation on damages shall not apply with respect to either party's third-party related indemnity obligations under Section 1.3, Section 1.6 , Section 1.7 and
Section 4.2.10.
10.18 Damages. Purchaser agrees that any liability of Seller under any claim brought prior to the Closing Date pursuant to this Agreement or any document or
instrument delivered simultaneously or in connection with, or pursuant to this Agreement, shall be limited solely to the return of the Deposit and
reimbursement set forth in Section 8.2. With respect to any such claim brought following the Closing Date, any liability of Seller shall be limited to Seller's
assets up to an amount equal to the Cap Amount. In no event shall Purchaser seek satisfaction for any obligation from any of Seller's members or from any
members, shareholders, officers, directors, trustees, beneficiaries, employees, agents, legal representatives, successors or assigns of such members, nor shall
any such person or entity have any personal liability for any such obligations of Seller
10.19 Incorporation by Reference. All of the exhibits and schedules attached to this Agreement or referred to herein and all documents in the nature of such
exhibits and schedules, when executed, are by this reference incorporated in and made a part of this Agreement.
10.20 DRAFTS NOT AN OFFER TO ENTER INTO A LEGALLY BINDING CONTRACT. The parties hereto agree that the submission of a draft of
this Agreement by one party to another is not intended by either party to be an offer to enter into a legally binding contract with respect to the purchase and
sale of the Property pursuant to the terms of this Agreement. The parties shall be legally bound with respect to the purchase and sale of the Property pursuant
to the terms of this Agreement only if and when the parties have been able to negotiate all of the terms and provisions of this Agreement in a manner
acceptable to each of the parties in their respective sole discretion, including, without limitation, all of the exhibits and schedules hereto, and each of Seller
and Purchaser have fully executed and delivered to each other a counterpart of this Agreement, including, without limitation, all exhibits and schedules hereto.
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