Effect of Break Fee Payment. For greater certainty, the parties hereto agree that if the Corporation pays to ADSX the amount required by section 7.4 as a result of the occurrence of any of the events referenced in subparagraphs (a), (b) and (c) of section 7.4, ADSX shall have no other remedy for any breach of this Agreement by the Corporation.
Effect of Break Fee Payment. For greater certainty, the parties hereto agree that if a party pays to another party amounts required by section 6.4 as a result of the occurrence of any of the events referenced in section 6.4, the parties to this Agreement shall have no other remedy for any breach of this Agreement by the party making such payment.
Effect of Break Fee Payment. Nothing in this Agreement shall preclude a party from seeking damages in respect of losses incurred or suffered by such party as a result of any breach of this Agreement by the other party, seeking injunctive relief to restrain any breach or threatened breach of the covenants or agreements set forth in this Agreement or the Confidentiality Agreement or otherwise, or seeking specific performance of any of such covenants or agreements, without the necessity of posting bond or security in connection therewith. Notwithstanding Section 7.7, payment of the fee set forth in Section 7.5 shall be the exclusive remedy in the event of termination pursuant to 7.3(h) or 7.3(j).
Effect of Break Fee Payment. For greater certainty, the parties hereto agree that if Domtar pays to Weyerhaeuser amounts required by Section 6.21 as a result of the occurrence of any of the events referenced in Section 6.21, the Weyerhaeuser Parties shall have no other remedy for monetary damages for any breach of this Agreement by Domtar.
Effect of Break Fee Payment. For greater certainty, the parties agree that the payment of the amount pursuant to Section 7.4 is the sole monetary remedy of the party entitled to such amount as a result of the occurrence of any of the events referred to in Section 7.4(a) or (b), as the case may be. Subject to the immediately preceding paragraph, nothing in this Agreement shall preclude a party from seeking damages in respect of losses incurred or suffered by such party as a result of any breach of this Agreement by the other party, seeking injunctive relief to restrain any breach or threatened breach of the covenants or agreements set forth in this Agreement or the Confidentiality Agreement or otherwise, or seeking specific performance of any of such covenants or agreements, without the necessity of posting bond or security in connection therewith.
Effect of Break Fee Payment. For greater certainty, the parties hereto agree that if St. Laurent pays to SSCC amounts required by Section 6.4 as a result of the occurrence of any of the events referenced in Section 6.4, the SSCC Parties shall have no other remedy for any breach of this Agreement by St. Laurent.
Effect of Break Fee Payment. For greater certainty, the parties agree that the payment of the amount pursuant to Section 6.3 is the sole monetary remedy as a result of the occurrence of any of the events referred to in Section 6.3. Subject to the immediately preceding paragraph, nothing in this Agreement shall preclude a party from seeking damages in respect of losses incurred or suffered by such party as a result of any breach of this Agreement by the other party, seeking injunctive relief to restrain any breach or threatened breach of the covenants or agreements set forth in this Agreement or the Confidentiality Agreement or otherwise, or seeking specific performance of any of such covenants or agreements, without the necessity of posting bond or security in connection therewith.
Effect of Break Fee Payment. 6.5 For greater certainty, the parties hereto agree that if Commonwealth pays to Empire amounts required by ss.6.4(a) as a result of the occurrence of any of the events referenced in ss.6.4(a), the Empire Parties shall have no other remedy for any breach of this Agreement by Commonwealth.
Effect of Break Fee Payment. For greater certainty, the parties hereto agree that if Trimark pays to AMVESCAP amounts required by Section 6.4(1) as a result of the occurrence of any of the events referenced in Section 6.4(1), AMVESCAP shall have no other remedy for any breach of this Agreement by Trimark , unless Trimark makes a claim against AMVESCAP for breach of a provision of this Agreement, in which circumstances the liability of Trimark to AMVESCAP for damages for claims in respect of breaches of this Agreement shall be subject to a maximum limit equal to the liability of AMVESCAP to Trimark for damages for claims in respect of breaches of this Agreement. For greater certainty, in no event shall Trimark be required to pay to AMVESCAP, whether pursuant to Section 6.4 or as a result of any liability of Trimark to AMVESCAP for damages for claims in respect of breaches by Trimark of this Agreement, in excess of $100,000,000 net of amounts owing to Trimark for damages for claims in respect of breaches by AMVESCAP of this Agreement.
Effect of Break Fee Payment. For greater certainty, the parties hereto agree that if Boomerang pays to LoJack amounts required by Section 6.4.1 as a result of the occurrence of any of the events referenced in Section 6.4.1, the LoJack Parties shall have no other remedy for any breach of this Agreement by Boomerang.
