Exclusive Remedies Following the Closing Date. Following the Closing Date, the indemnification provisions of this Section 9.2 shall be the sole and exclusive remedy of the Indemnitees, whether in contract, tort or otherwise, for all matters arising under or in connection with this Agreement and the Contemplated Transactions; provided, that no claim based on fraud shall be subject to the limitations of this Section 9.2(f).
Exclusive Remedies Following the Closing Date. Following the Closing, except with respect to claims for common law fraud, the indemnification provisions of this Section 10.2 shall be the sole and exclusive remedy for monetary damages of Buyer Indemnitees and Member Indemnitees, whether in contract, tort or otherwise, for all matters arising under or in connection with this Agreement and the Contemplated Transactions, including, without limitation, for any inaccuracy or breach of any representation, warranty, covenant or agreement set forth herein.
Exclusive Remedies Following the Closing Date. Following the Closing Date, the indemnification provisions of this Section 9.2 and Section 5.4 shall be the sole and exclusive remedy of the Indemnitees, whether in contract, tort or otherwise, for all matters arising under or in connection with this Agreement and the Contemplated Transactions, including, without limitation, for any inaccuracy or breach of any representation, warranty, covenant or agreement set forth herein. Buyer hereby waives, and unconditionally releases Pregis and any of its Affiliates from, any rights and remedies that Buyer may otherwise have against Pregis or any of its Affiliates under any Environmental Law, including, without limitation, any claims for contribution under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601, et seq. (“CERCLA”) or common law. Notwithstanding the foregoing, the indemnification for Losses on account of Taxes shall be governed solely by Section 5.4(a).
Exclusive Remedies Following the Closing Date. Following the Closing, in the absence of fraud, willful misconduct or intentional misrepresentation in connection with this Agreement, the indemnification provisions set forth in this Article VIII shall provide the exclusive remedy for breach of any covenant, agreement, representation or warranty set forth in this Agreement.
Exclusive Remedies Following the Closing Date. Following the Closing, except in the case of actual common law fraud or Willful Breach in the making of representations and warranties, the indemnification provisions of this Article X shall be the sole and exclusive monetary remedy of the Indemnitees for any Losses (including any Losses from claims for breach of contract, warranty, tortious conduct (including negligence) or otherwise and whether predicated on common law, statute, strict liability, or otherwise) for any breach of any (i) representation or warranty or (ii) any covenant, agreement or obligation to be performed prior to the Closing, in either case set forth herein or otherwise relating to the subject matter of this Agreement or any certificate delivered in connection herewith, will be the indemnification and/or reimbursement obligations of the parties set forth in this Article X. In furtherance of the foregoing, each of the parties hereby waives, from and after the Closing Date, to the fullest extent permitted under applicable Law, any and all rights and claims for Losses it may have against any other party to this Agreement for any breach of any (i) representation or warranty or (ii) covenant, agreement or obligation to be performed prior to the Closing, in either case set forth herein or otherwise relating to the subject matter of this Agreement or any certificate delivered in connection herewith, any applicable Law, common law or otherwise (except pursuant to the indemnification provisions set forth in this Article X or in the case of actual common law fraud or Willful Breach in the making of representations and warranties). The provisions of this Section 10.5 shall not, however, prevent or limit a cause of action under Section 11.1 to obtain an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof.
Exclusive Remedies Following the Closing Date. Following the Closing Date, the provisions of this ARTICLE XI, Section 12.8 and Section 12.12 hereof set forth the exclusive rights and remedies of each Party to seek or obtain damages or any other remedy or relief whatsoever from any Party with respect to matters arising under or in connection with this Agreement and the Acquisition from and after the Closing Date; provided, however, that nothing herein shall limit in any way such Party’s remedies in respect of fraud by another Party arising in connection with this Agreement, or for breach of any ancillary agreement delivered in connection herewith that is to be performed after the Closing.
Exclusive Remedies Following the Closing Date. Following the Closing Date, the provisions of this ARTICLE X and Section 11.8 hereof set forth the exclusive rights and remedies of BUYER and SELLER to seek or obtain damages or any other remedy or relief whatsoever from any Party with respect to matters arising under or in connection with this Agreement and the Acquisition from and after the Closing Date.
Exclusive Remedies Following the Closing Date. Following the Closing Date, the indemnification provisions of this Section 16 shall be the sole and exclusive remedy of the Purchaser Indemnitees and Seller Indemnitees, whether in contract, tort or otherwise, for all matters arising under or in connection with this Agreement and the transactions contemplated herein, including, without limitation, for any inaccuracy or breach of any representation, warranty, covenant or agreement set forth herein.
Exclusive Remedies Following the Closing Date. Following the Closing Date, except as otherwise expressly provided herein, the indemnification provisions of this Section 9.2 shall be the sole and exclusive remedy of the Indemnitees, whether in contract, tort or otherwise, for all matters arising under or in connection with this Agreement and the Contemplated Transactions, including, without limitation, for any inaccuracy or breach of any representation, warranty, covenant or agreement set forth herein (other than claims of, and causes of action arising out of, fraud in the inducement in entering into this Agreement and the Ancillary Documents).
Exclusive Remedies Following the Closing Date. Following the Closing Date, and except for claims based on fraud against the party allegedly committing the fraud, the indemnification provisions of this Article X shall be the sole and exclusive remedy of the Indemnitees, whether in contract, tort or otherwise, for all matters arising under or in connection with this Agreement and the Contemplated Transactions, including, without limitation, for any inaccuracy or breach of any representation, warranty, covenant or agreement set forth herein and with respect to any matters or claims arising under Environmental Laws, and Buyer and its successors and assigns hereby waive, and unconditionally release Seller and its Affiliates from, any rights and remedies that Buyer and its successors and assigns may otherwise have against Seller or any of its Affiliates under any Environmental Law, including, without limitation, any claims for contribution under CERCLA or common law. Notwithstanding the foregoing, the parties shall also be entitled to all rights and remedies under Article VI and Sections 12.15 and 12.16.
