Exclusive Remedy for Monetary Damages. (a) From and after the Closing, the total aggregate liability of the Major Stockholders for Damages arising under Section 9.2(a) shall not exceed the Escrow Fund. From and after the Closing, the total aggregate liability of Parent for Damages arising under Section 9.2(b) shall not exceed a cash amount equal to the aggregate value (as of the Closing Date) of the Parent Capital Stock held in the Escrow Fund.
Exclusive Remedy for Monetary Damages. Subject to Section 7.3(d), Xxxxx agrees that the sole and exclusive remedy for money damages for any matter arising under this Agreement or any certificate, document or other instrument delivered pursuant to this Agreement or the Related Agreements shall be the rights to indemnification set forth in this Agreement and the rights set forth in Article VIII.
Exclusive Remedy for Monetary Damages. Except as provided in Section 8.05(b), the parties agree that the sole and exclusive remedy for Claims for money damages for any matter arising under this Agreement shall be the rights to indemnification set forth in this Agreement.
Exclusive Remedy for Monetary Damages. Subject to Sections 1.9(d)(iii), 6.3(e), and 6.9 Parent agrees that the sole and exclusive remedy for money damages for any matter arising under this Agreement shall be the rights to indemnification set forth in this Agreement.
Exclusive Remedy for Monetary Damages. With regard to any Claims for monetary Damages related to any breach or inaccuracy of the representations and warranties in this Agreement, Claiming Party’s right to indemnification under this ARTICLE VI will be Claiming Party’s exclusive remedy for any such Claims, and Claiming Party will not be entitled to any other monetary remedy from either Seller with regard thereto.
Exclusive Remedy for Monetary Damages. Except for (i) the parties’ rights to specific performance and injunctive relief as described in Section 16.13, and (ii) claims arising from fraud, criminal activity or willful misconduct on the part of a party hereto in connection with the transactions contemplated by this Agreement, the indemnification provided in this ARTICLE XIV shall be the exclusive post-Closing Date remedy available to any Indemnified Party with respect to any breach of any representation, warranty, covenant or agreement made by Purchaser or Seller in this Agreement.
Exclusive Remedy for Monetary Damages. The remedies provided in this Section 12 shall be Netivation's exclusive remedies for any and all monetary damages arising out of any breach of any representation or warranty or breach of any covenant or agreement by Shareholder or the Company hereunder or any claims by third parties for which the Company or Shareholder has agreed to indemnify Netivation. The foregoing shall not be construed as a waiver or limitation upon any rights or remedies of Netivation other than with respect to monetary damages.
Exclusive Remedy for Monetary Damages. Subject to Section 7.3(e), IntraLinks agrees that the sole and exclusive remedy for money damages for any matter arising under this Agreement or any Indemnifiable Related Agreement or Certificate shall be the rights to indemnification set forth in this Agreement.
Exclusive Remedy for Monetary Damages. Notwithstanding anything herein to the contrary, Bxxxx agrees that the sole and exclusive remedy for money damages for any matter arising under this Agreement shall be the right to make claims against the Escrow Fund pursuant hereto and pursuant to the Escrow Agreement except: (i) as provided in Section 7.3(d); (ii) for Losses indemnifiable under Section 7.2(a)(i) with respect to any Fundamental Representation, subject to Section 7.2(b) and the limitations in Section 7.3(b)(ii); and (iii) for Losses indemnifiable under Section 7.2(a)(i) with respect to any Fundamental Tax Representation, subject to Section 7.2(b) and the limitations in Section 7.3(b)(iii).
Exclusive Remedy for Monetary Damages. Except for the parties' rights to specific performance and injunctive relief as described in Section 16.13, the indemnification provided in this Article XIV shall be the exclusive post-Closing Date remedy available to any Indemnified Party with respect to any breach of any representation, warranty, covenant or agreement made by Purchaser or Seller in this Agreement.
