Exclusive Rights and Remedies. The provisions of this Article X shall be the exclusive basis of the parties to this Agreement for (i) any breach of a representation or warranty herein and (ii) any failure of a party to comply with any obligation, covenant, agreement or condition herein.
Exclusive Rights and Remedies. The rights and remedies provided in this Section 12.06 shall be the exclusive rights and remedies, contractual or otherwise, of the indemnified Persons with respect to breaches of the representations, warranties, covenants and agreements contained in this Agreement if the Closing has occurred.
Exclusive Rights and Remedies. From and after the Closing, the indemnification rights provided by this Article VI shall constitute the sole and exclusive remedy of the Buyer Indemnitees and Seller Indemnitees for any breach of representations, warranties, covenants or agreements contained in this Agreement; provided, however, that nothing herein shall limit (i) any claim based on fraud, willful misrepresentation or willful breach, or (ii) any party’s right to seek specific performance, injunctive relief or other equitable remedies.
Exclusive Rights and Remedies. 23.1. The rights and remedies set forth in this Agreement are the exclusive rights and remedies of each Party with respect to this Agreement, its performance or breach.
Exclusive Rights and Remedies. The rights and remedies provided in this Article XI shall be the exclusive rights and remedies, contractual or otherwise, of the indemnified Persons with respect to breaches of the representations, warranties, covenants and agreements contained in this Agreement.
Exclusive Rights and Remedies. 30 ARTICLE XII
Exclusive Rights and Remedies. Except as provided in Section 6.1 below, the indemnification rights of the parties under this Article 5 shall be the exclusive rights and remedies the parties may have at law or in equity or otherwise with regard to matters subject to indemnification for any misrepresentation, breach of warranty or failure to fulfill any agreement or covenant hereunder on the part of any party hereto, including, but not limited to, the right to seek specific performance, rescission or restitution.
Exclusive Rights and Remedies. The provisions of this Article 8 shall be the exclusive basis of the parties to this Agreement for (i) any breach of a representation or warranty herein and (ii) any failure of a party to comply with any obligation, covenant, agreement or condition herein.
Exclusive Rights and Remedies. Except as provided in Section 6, the provision of this Section 20 shall be the exclusive basis of the parties to this Agreement for (i) any breach of a representation or warranty herein, (ii) any failure of a party to comply with any obligation, covenant, agreement or condition herein or (iii) any other claim, action, demand, loss, cost, expense, liability, penalty, or other damage relating to or arising out of the transactions contemplated by this Agreement.
Exclusive Rights and Remedies. Notwithstanding any provision of this Agreement, each Property Contributor agrees that the sole and exclusive rights and remedies to which it and/or any of its Successor Holders may be entitled at law or in equity for a breach or violation of any of the Tax-Related Covenants by the OP shall be a claim for damages, against the OP, computed as set forth in Section 1.3 above, and neither such Property Contributor nor any of its Successor Holders shall be entitled to pursue a claim for specific performance of the Tax-Related Covenants.
