Exclusion of Other Remedies. From and after the Closing Date, the indemnification obligations set forth in this Article 13 will constitute the sole and exclusive remedies of the Parties for any Damages based on, arising out of or otherwise in respect of any matter addressed in Section 13, except for remedies involving specific performance or other equitable relief.
Appears in 4 contracts
Samples: Transaction Agreement and Plan of Merger, Transaction Agreement and Plan of Merger (Clearwire Corp), Transaction Agreement and Plan of Merger (Sprint Nextel Corp)
Exclusion of Other Remedies. From and after the Closing Date, the indemnification obligations set forth in this Article 13 β12 will constitute the sole and exclusive remedies of the Parties parties for any Damages based on, arising out of or otherwise in respect of any matter addressed in Section 13this Article β12, except for remedies involving specific performance or other equitable reliefrelief pursuant to Section 13.12 or in case of actual fraud.
Appears in 1 contract
Samples: Transaction Agreement and Plan of Merger (Emerson Electric Co)
Exclusion of Other Remedies. From and after the Closing Date, the indemnification obligations set forth in this Article 13 12 will constitute the sole and exclusive remedies of the Parties parties for any Damages based on, arising out of or otherwise in respect of any matter addressed in Section 13this Article 12, except for remedies involving specific performance or other equitable reliefrelief pursuant to Section 13.12 or in case of actual fraud.
Appears in 1 contract
Samples: Transaction Agreement and Plan of Merger (Aspen Technology Inc /De/)
