Global Private M&A Guide - Limited External Content

Italy

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Damages, knowledge
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Is there an obligation to mitigate damages?

Frequency/market practice: Fairly common; required by law. It is rare to reiterate this obligation in the purchase agreement.

Is there an exclusion of consequential damages?

Frequency/market practice: Fairly common.

Are provisions that there is no liability if the buyer has knowledge common, or does buyer knowledge have no effect?

Frequency/market practice: Rarely.

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