Exclusive Monetary Remedy. Except in the case of fraud, intentional misrepresentation or willful misconduct, after the Closing, the indemnification provisions set forth in this Section 8 shall constitute the sole and exclusive remedy and recourse for monetary damages of the Acquiror Indemnified Parties for any and all Losses or other claims relating to or arising from this Agreement.
Appears in 2 contracts
Samples: Merger Agreement (Q2 Holdings, Inc.), Merger Agreement
Exclusive Monetary Remedy. Except in the case of fraud, intentional misrepresentation or willful misconduct, after the Closingfor Fraud claims, the indemnification provisions set forth contained in this Section 8 shall constitute 8.1 are intended to provide the sole and exclusive monetary remedy and recourse for monetary damages of following the Acquiror Closing as to all Damages any Purchaser Indemnified Parties for any and all Losses Party may incur arising from or other claims relating to breaches of any representation or arising from warranty made by Seller in this Agreement.
Appears in 1 contract
Samples: Asset Purchase Agreement (Catalyst Biosciences, Inc.)
Exclusive Monetary Remedy. Except in the case of fraud, intentional misrepresentation Fraud or willful misconductWillful and Material Breach, after the Closing, the indemnification provisions set forth in this Section 8 Article 7 shall constitute the sole and exclusive remedy and recourse for monetary damages of the Acquiror Parent Indemnified Parties for any and all Losses or other claims relating to or arising from this Agreement.
Appears in 1 contract
Samples: Merger Agreement (Athenex, Inc.)
