Claims Based on Fraud or Intentional Misrepresentation. Notwithstanding anything contained herein or otherwise to the contrary, nothing herein shall be deemed to limit any party’s rights to recover any and all Losses incurred or suffered by it relating to or arising out of or in connection with fraud, intentional misrepresentation or any intentional breach of this Agreement, it being understood and agreed that the right to recover such Losses shall survive forever.
Appears in 3 contracts
Samples: Asset Purchase Agreement (Atkore International Holdings Inc.), Asset Purchase Agreement (Atkore International Holdings Inc.), Asset Purchase Agreement (Atkore International Holdings Inc.)
Claims Based on Fraud or Intentional Misrepresentation. Notwithstanding anything contained herein or otherwise to the contrary, including Sections 12.4(a) and 12.4(b), nothing herein shall be deemed to limit any party’s rights to recover any and or all Losses incurred or suffered by it relating to or arising out of or in connection with fraud, fraud or intentional misrepresentation or any intentional breach of this Agreementmisrepresentation, it being understood and agreed that the right to recover such Losses shall survive forever.
Appears in 2 contracts
Samples: Purchase and Sale Agreement (Refco Inc.), Purchase and Sale Agreement (Refco Group Ltd., LLC)
