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. 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. 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. 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. THE RIGHTS AND REMEDIES OF THE PARTIES SET FORTH IN THIS AGREEMENT ARE EXCLUSIVE. THE PARTIES WAIVE ANY CLAIM FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES.
Exclusive Rights and Remedies. The rights and remedies provided by this Agreement are the sole and exclusive rights and remedies in the event of any breach of any representation, warranty, agreement or covenant by any Party hereto and shall exclude any other rights or remedies to which any Party may be lawfully entitled (other than claims of or causes of action arising from fraud).
Exclusive Rights and Remedies. Termination of any Project SOW or this Master Agreement under Sections 13.3(a)(v), 13.3(a)(vi), 13.3(b)(v), or 13.3(b)(vi), respectively, is an election of remedies. With regard to such provisions, except in instances of willful misconduct or gross negligence, all rights and remedies of the Parties provided under Sections 9.4 or 8.2(b) of this Master Agreement, as applicable, are exclusive.
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.
Exclusive Rights and Remedies. If the Closing occurs, then the rights and remedies provided in Section 8.5.7 and this Article XII shall constitute the sole and exclusive rights and remedies with respect to the subject matter of this Agreement, and Buyer and Seller each waives all other rights and remedies, including without limitation any arising under the Comprehensive Environmental Response, Compensation and Liability Act of 1980 as amended and any similar state law. Notwithstanding the foregoing, the provisions of Article VIII and this Article XII shall not affect the rights of any Party against any third party (including a third party whose claim against a Party is the basis of a claim for indemnification) and shall not inure to the benefit of any third party; provided, however, that this Section 12.5 is not a limitation on a Party’s rights and obligations under any agreement delivered pursuant to this Agreement.
