obligations and
responsibilities under this Agreement, and also each and every condition,
covenant, provision, and term of this Agreement.
9.21
Limitation of Liability.
NOTWITHSTANDING ANYTHING TO THE CONTRARY
HEREIN, EACH PARTY HERETO HEREBY IRREVOCABLY WAIVES ANY CLAIM AGAINST THE OTHER
PARTY FOR PUNITIVE, SPECIAL, INCIDENTAL, EXEMPLARY, AND CONSEQUENTIAL DAMAGES.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
date first above written.
Buyer:
ML MACADAMIA ORCHARDS L.P.,
a Delaware limited partnership
By ML Resources, Inc., its General Partner
a Hawaii corporation
By:
/s/ Dennis J. Simonis
Name: Dennis J. Simonis
Title: CEO and President
Seller:
IASCO,
a California corporation
By:
/s/ John Lee
Name: John Lee
Title: Executive Vice President, CFO
30