Common use of Exclusivity of Agreement Clause in Contracts

Exclusivity of Agreement. The Parties have voluntarily agreed to define their rights, liabilities, and obligations respecting the subject matter of this Agreement exclusively in contract pursuant to the express terms and provisions of this Agreement, and the Parties expressly disclaim that they are owed any duties not expressly set forth in this Agreement. The sole and exclusive remedies for any breach of the terms and provisions of this Agreement (including any representations and warranties set forth herein) shall be those remedies available at law or in equity for breach of contract only (as such contract remedies may be further limited or excluded pursuant to the express terms of this Agreement); and the Parties hereby waive and release any and all tort claims and causes of action that may be based upon, arise out of, or relate to this Agreement, or the negotiation, execution, or performance of this Agreement (including any tort claim or cause of action based upon, arising out of, or related to any representation or warranty made in or in connection with this Agreement or as an inducement to enter into this Agreement).

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Tyler Technologies Inc), Agreement and Plan of Merger (Tyler Technologies Inc)

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Exclusivity of Agreement. The Parties parties hereto have voluntarily agreed to define their rights, liabilities, liabilities and obligations respecting the subject matter of this Agreement exclusively in contract pursuant to the express terms and provisions of this Agreement, and the Parties parties hereto expressly disclaim that they are owed any duties or are entitled to any remedies not expressly set forth in this Agreement. The sole and exclusive remedies for any breach of the terms and provisions of this Agreement (including any representations and warranties set forth herein) shall be those remedies available at law or in equity for breach of contract only (as such contract contractual remedies may be further limited or excluded pursuant to the express terms of this Agreement); , and the Parties parties hereto hereby waive and release any and all tort claims and causes of action that may be based upon, arise out of, of or relate to this Agreement, or the negotiation, execution, execution or performance of this Agreement (including any tort claim or cause of action based upon, arising out of, of or related to any representation or warranty made in or in connection with this Agreement or as an inducement to enter into this Agreement).

Appears in 2 contracts

Samples: Stock Purchase Agreement (TransCoastal Corp), Stock Purchase Agreement (Claimsnet Com Inc)

Exclusivity of Agreement. The Parties parties hereto have voluntarily agreed to define their rights, liabilities, liabilities and obligations respecting the subject matter of this Agreement exclusively in contract pursuant to the express terms and provisions of this Agreement, ; and the Parties parties hereto expressly disclaim that they are owed any duties not expressly set forth in this Agreement. The sole and exclusive remedies for any breach of the terms and provisions of this Agreement (including any representations and warranties set forth herein) shall be those remedies available at law or in equity for breach of contract only (as such contract remedies may be further limited or excluded pursuant to the express terms of this Agreement); and the Parties parties hereto hereby waive and release any and all tort claims and causes of action that may be based upon, arise out of, of or relate to this Agreement, or the negotiation, execution, execution or performance of this Agreement (including any tort claim or cause clause of action based upon, arising out of, of or related to any representation or warranty made in or in connection with this Agreement or as an inducement to enter into this Agreement).

Appears in 2 contracts

Samples: Stock Purchase Agreement (Sixx Holdings Inc), Stock Purchase Agreement (Bailey Lee Ann)

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Exclusivity of Agreement. The Parties parties hereto have voluntarily agreed to define their rights, liabilities, liabilities and obligations respecting the subject matter of this Agreement exclusively in contract pursuant to the express terms and provisions of this Agreement, ; and the Parties parties hereto expressly disclaim that they are owed any duties not expressly set forth in this Agreement. The sole and exclusive remedies for any breach of the terms and provisions of this Agreement (including any representations and warranties set forth herein) shall be those remedies available at law or in equity for breach of contract only (as such contract remedies may be further limited or excluded pursuant to the express terms of this Agreement); and the Parties parties hereto hereby waive and release any and all tort claims and causes of action that may be based upon, arise out of, of or relate to this Agreement, or the negotiation, execution, execution or performance of this Agreement (including any tort claim or cause of action based upon, arising out of, of or related to any representation or warranty made in or in connection with this Agreement or as an inducement to enter into this Agreement).

Appears in 1 contract

Samples: Agreement and Plan of Merger (Susser Holdings CORP)

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