Exclusive Remedy. The indemnification provided for in this Section 11 shall (except as prohibited by ERISA) be the exclusive remedy in any action seeking damages or any other form of monetary relief brought by any party to this Agreement against another party, provided that, nothing herein shall be construed to limit the right of a party, in a proper case, to seek injunctive relief for a breach of this Agreement.
Appears in 22 contracts
Samples: Healthworld Agreement (Healthworld Corp), Agreement and Plan of Organization (Comfort Systems Usa Inc), Agreement and Plan of Organization (Comfort Systems Usa Inc)
Exclusive Remedy. The indemnification provided for in this Section 11 shall (except as prohibited by ERISA) be the exclusive remedy in any action seeking damages or any other form of monetary relief brought by any party to this Agreement against another party, provided that, that nothing herein shall be construed to limit the right of a party, in a proper case, to seek injunctive relief for a breach of this Agreement.
Appears in 15 contracts
Samples: Agreement and Plan of Organization (Enfinity Corp), Agreement and Plan of Reorganization (Medical Manager Corp), Agreement and Plan of Reorganization (Medical Manager Corp)
Exclusive Remedy. The indemnification provided for in this Section 11 shall (except as prohibited by ERISA) be the exclusive remedy in any action seeking damages or any other form of monetary relief brought by any party to this Agreement against another partyparty relating to this Agreement or the preparation of the Registration Statement and the IPO, provided thatprovided, however, that nothing herein shall be construed to limit the right of a party, in a proper case, to seek injunctive relief for a breach of this Agreement. The obligations set forth herein are contingent upon similar obligations being incorporated in all of the Other Agreements.
Appears in 14 contracts
Samples: Agreement and Plan of Organization (Vacation Properties International Inc), Agreement and Plan of Organization (Vacation Properties International Inc), Agreement and Plan of Organization (Vacation Properties International Inc)
Exclusive Remedy. The indemnification provided for in this Section 11 shall (except as prohibited by ERISA) be the exclusive remedy in any action seeking damages or any other form of monetary relief brought by any party to this Agreement against another party, provided that, that nothing herein shall be construed to limit the right of a party, in a proper case, to seek injunctive relief for a breach of this Agreement.
Appears in 10 contracts
Samples: Agreement and Plan of Reorganization (United Road Service Inc), Agreement and Plan of Reorganization (United Road Service Inc), Agreement and Plan of Reorganization (United Road Service Inc)
Exclusive Remedy. The indemnification provided for in this Section 11 shall (except as prohibited by ERISA) be the exclusive remedy in any action seeking damages or any other form of monetary relief brought by any party to this Agreement against another party, provided that, nothing herein shall be construed to limit the right of a party, in a proper case, to seek injunctive relief for a breach of this Agreement.
Appears in 7 contracts
Samples: Healthworld Agreement (Healthworld Corp), Healthworld Agreement (Healthworld Corp), Healthworld Agreement (Healthworld Corp)
Exclusive Remedy. The Except as provided in Section 11.5(b) or Section 14.3 hereof, the indemnification provided for in this Section 11 shall (except as prohibited by ERISA) be the exclusive remedy in any action seeking damages or any other form of monetary relief brought by any party to this Agreement against another party, provided that, that nothing herein shall be construed to limit the right of a party, in a proper case, to seek injunctive relief for a breach of this AgreementAgreement or to seek relief for a breach of any employment agreement with, or any stock option issued by, CTS.
Appears in 7 contracts
Samples: Agreement and Plan of Organization (Condor Technology GRP), Agreement and Plan of Organization (Condor Technology GRP), Agreement and Plan of Organization (Condor Technology GRP)
Exclusive Remedy. The indemnification provided for in this Section 11 13 shall (except as prohibited by ERISA) be the exclusive remedy in any action seeking damages or any other form of monetary relief brought by any party to this Agreement against another party, ; provided that, that nothing herein shall be construed to limit the right of a party, in a proper case, to seek injunctive relief for a breach of this Agreement.. 13.5
Appears in 7 contracts
Samples: Agreement and Plan of Merger (Alliance Group Inc), Agreement and Plan of Merger (Alliance Group Inc), Agreement and Plan of Merger (Alliance Group Inc)
Exclusive Remedy. The indemnification provided for in this Section 11 13 shall (except as prohibited by ERISA) be the exclusive remedy in any action seeking damages or any other form of monetary relief brought by any party to this Agreement against another party, ; provided that, that nothing herein shall be construed to limit the right of a party, in a proper case, to seek injunctive relief for a breach of this Agreement.
Appears in 6 contracts
Samples: Agreement and Plan of Merger (Alliance Group Inc), Agreement and Plan of Merger (Alliance Group Inc), Agreement and Plan of Merger (Alliance Group Inc)
Exclusive Remedy. The indemnification provided for in this Section 11 10 shall (except as prohibited by ERISA) be the exclusive remedy in any action seeking damages or any other form of monetary relief brought by any party to this Agreement against another party, provided thatprovided, however, that nothing herein shall be construed to limit the right of a party, in a proper case, to seek injunctive relief for a breach of this Agreement.
Appears in 4 contracts
Samples: Agreement and Plan of Organization (Quanta Services Inc), Agreement and Plan of Organization (Quanta Services Inc), Agreement and Plan of Organization (Quanta Services Inc)
Exclusive Remedy. The Except as provided in Section 11.11(d) or Section 14.3 of this Agreement, the indemnification provided for in this Section Article 11 shall (except as prohibited by ERISA) be the exclusive remedy in any action seeking damages or any other form of monetary relief brought by any party to this Agreement against another party; provided, provided thathowever, that nothing herein shall be construed to limit the right of a party, in a proper case, to seek injunctive relief for a breach of this AgreementAgreement or to seek relief for a breach of any employment agreement with, or any security issued by, Clarant.
Appears in 4 contracts
Samples: Agreement and Plan of Organization (Luminant Worldwide Corp), Agreement and Plan of Organization (Luminant Worldwide Corp), Agreement and Plan of Organization (Luminant Worldwide Corp)
Exclusive Remedy. The indemnification provided for in this Section 11 10 shall (except as prohibited by ERISA) be the exclusive remedy in any action seeking damages or any other form of monetary relief brought by any party to this Agreement against another party, provided that, nothing herein shall be construed to limit the right of a party, in a proper case, to seek injunctive relief for a breach of this Agreement.
Appears in 4 contracts
Samples: Asset Purchase Agreement (Rv Centers Inc), Acquisition Agreement (Rv Centers Inc), Acquisition Agreement (Rv Centers Inc)
Exclusive Remedy. The indemnification provided for in this Section 11 8 shall (except as prohibited by ERISA) be the exclusive remedy in any action seeking damages or any other form of monetary relief brought by any party to this Agreement against another party, provided that, nothing herein shall be construed to limit the right of a party, in a proper case, to seek injunctive relief for a breach of this Agreement.
Appears in 4 contracts
Samples: Agreement and Plan of Reorganization and Merger (Palex Inc), Agreement and Plan of Reorganization and Merger (Palex Inc), Agreement and Plan of Reorganization and Merger (Palex Inc)
Exclusive Remedy. The indemnification provided for in this Section 11 shall (except as prohibited by ERISA) be the exclusive remedy in any action seeking damages or any other form of monetary relief brought by any party to this Agreement against another party, provided thatprovided, however, that nothing herein shall be construed to limit the right of a party, in a proper case, to seek injunctive relief for a breach of this Agreement.
Appears in 3 contracts
Samples: Agreement and Plan of Organization (Travel Services International Inc), Agreement and Plan of Organization (Travel Services International Inc), Agreement and Plan of Organization (Travel Services International Inc)
Exclusive Remedy. The Except as provided in Section 14.3 of this Agreement, the indemnification provided for in this Section Article 11 shall (except as prohibited by ERISA) be the exclusive remedy in any action seeking damages or any other form of monetary relief brought by any party to this Agreement against another party; provided, provided thathowever, that nothing herein shall be construed to limit the right of a party, in a proper case, to seek injunctive relief for a breach of this AgreementAgreement or to seek relief for a breach of any employment agreement with, or any security issued by, Clarant.
Appears in 3 contracts
Samples: Agreement and Plan of Organization (Luminant Worldwide Corp), Agreement and Plan of Organization (Luminant Worldwide Corp), Agreement and Plan of Organization (Luminant Worldwide Corp)
Exclusive Remedy. The indemnification provided for in this Section 11 Article XI shall (except as prohibited by ERISA) be the exclusive remedy in any action seeking damages or any other form of monetary relief brought by any party to this Agreement against another party, provided that, nothing herein shall be construed to limit the right of a party, in a proper case, to seek injunctive relief for a breach of this Agreement.
Appears in 2 contracts
Samples: Agreement and Plan of Reorganization (Acsys Inc), Agreement and Plan of Reorganization (Acsys Inc)
Exclusive Remedy. The indemnification provided for in this Section 11 6 shall (except as prohibited by ERISA) be the exclusive remedy in any action seeking damages or any other form of monetary relief brought by any party to this Agreement against another party; provided, provided that, nothing herein shall be construed to limit the right of a party, in a proper case, to seek injunctive relief for a breach of this Agreement.
Appears in 1 contract
Samples: Merger Agreement and Plan of Reorganization (Icc Technologies Inc)
Exclusive Remedy. The indemnification Indemnification provided for in this Section 11 shall (except as prohibited by ERISA) be the sole and exclusive remedy in any action seeking damages or any other form of monetary relief brought by any party to this Agreement against another party, provided that, that nothing herein shall be construed to limit the right of a party, in a proper case, to seek injunctive relief for a breach of this Agreement.
Appears in 1 contract
Samples: Merger Agreement and Plan of Reorganization (Icc Technologies Inc)
Exclusive Remedy. The Except as provided in Section 11.5(b) or Section 14.3 hereof, the indemnification provided for in this Section 11 shall (except as prohibited by ERISA) be the exclusive remedy in any action seeking damages or any other form of monetary relief brought by any party to this Agreement against another party, provided that, that nothing herein shall be construed to limit the right of a party, in a proper case, to seek injunctive relief for a breach of this Agreement.
Appears in 1 contract
Samples: Agreement and Plan of Organization (Condor Technology GRP)
Exclusive Remedy. The indemnification provided for in this Section 11 shall (except as prohibited by ERISA) be the exclusive remedy in any action seeking damages or any other form of monetary relief brought by any party to this Agreement against another partyparty relating to this Agreement or the preparation of the Registration Statement and the IPO, provided thatprovided, however, that nothing herein shall be construed to limit the right of a party, in a proper case, to seek injunctive relief for a breach of this Agreement.
Appears in 1 contract
Samples: Agreement and Plan of Organization (Travel Services International Inc)
Exclusive Remedy. The indemnification provided for in this Section 11 shall (except as prohibited by ERISA) be the exclusive remedy in any action seeking damages or any other form of monetary relief brought by any party to this Agreement against another party, provided thatprovided, however, that nothing herein shall be construed to limit the right of a party, in a proper case, to seek injunctive relief for a breach of this Agreement. The obligations set forth herein are contingent upon similar obligations being incorporated in connection with all of the Other Agreements.
Appears in 1 contract
Samples: Agreement and Plan of Organization (Travel Services International Inc)
Exclusive Remedy. The indemnification provided for in this Section 11 7 shall (except as prohibited by ERISA) be the exclusive remedy in any action seeking damages or any other form of monetary relief brought by any party to this Agreement against another party, provided that, nothing herein shall be construed to limit the right of a party, in a proper case, to seek injunctive relief for a breach of this Agreement.
Appears in 1 contract
Exclusive Remedy. The indemnification provided for in this Section 11 shall (except as prohibited by ERISA) be the exclusive remedy in any action seeking damages or any other form of monetary relief brought by any party to this Agreement against another party, provided that, (i) nothing herein shall be construed to limit the right of a party, in a proper case, to seek injunctive relief for a breach of this AgreementAgreement and (ii) the Newbury Agreements shall be fully enforceable in all respects and all remedies at law or in equity shall be available.
Appears in 1 contract
