Common use of Exclusive Monetary Remedy Clause in Contracts

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: Agreement and Plan of Merger (Q2 Holdings, Inc.), Agreement and Plan of Merger

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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: Agreement and Plan of Merger (Athenex, Inc.)

Exclusive Monetary Remedy. Except in the case of fraudFraud or as set forth in Section 8.10, intentional misrepresentation or willful misconduct, from and after the Closing, the indemnification provisions set forth provided in this Section 8 Article VII, subject to the limitations herein, shall constitute be the sole and exclusive monetary remedy and recourse for monetary damages of the Acquiror Indemnified Parties against the Entitled Holders for any and all Losses liability arising out of, under or other claims relating to or arising from in connection with this Agreement (including any breaches of any Company representations and warranties provided in this Agreement) or in connection with the Merger.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Inogen Inc)

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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.)

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