Is there an obligation to mitigate damages?
Frequency/market practice: Very common; this is required by law.
Is there an exclusion of consequential damages?
Frequency/market practice: Fairly common; indirect and consequential damages and lost profits are frequently limited to objectively foreseeable damages or are fully excluded.
Are provisions that there is no liability if the buyer has knowledge common, or does buyer knowledge have no effect?
Frequency/market practice: Very common. Buyer’s knowledge is commonly limited to certain information, e.g. information disclosed in the SPA and its exhibits and in documents in the data room.