Exclusivity of Remedies. Subject to Section 2.3, absent actual fraud or willful misconduct by any of the Parties to this Agreement, and except for matters for which the remedy of specific performance, injunctive relief or other non-monetary equitable remedies are available, the indemnification rights provided above shall be the sole and exclusive remedy of the parties under this Agreement.
Appears in 2 contracts
Samples: Services Agreement (Prosper Funding LLC), Services Agreement (Prosper Funding LLC)
Exclusivity of Remedies. Subject to Section 2.3Sections 4.1(d) and 8, absent actual fraud or willful misconduct by any of the Parties parties to this Agreement, and except for matters for which the remedy of specific performance, injunctive relief or other non-monetary equitable remedies are available, the indemnification rights provided above shall be the sole and exclusive remedy of the parties under this Agreement.
Appears in 2 contracts
Samples: Hosting Services Agreement (Prosper Marketplace Inc), Hosting Services Agreement (LendingClub Corp)
Exclusivity of Remedies. Subject to Section 2.3Sections 4.1(d) and 8, absent actual fraud or willful misconduct by any of the Parties to this Agreement, and except for matters for which the remedy of specific performance, injunctive relief or other non-monetary equitable remedies are available, the indemnification rights provided above shall be the sole and exclusive remedy of the parties Parties under this Agreement.
Appears in 2 contracts
Samples: Hosting Services Agreement (Prosper Funding LLC), Hosting Services Agreement (Prosper Funding LLC)
Exclusivity of Remedies. Subject to Section 2.3ARTICLE V, absent actual fraud or willful misconduct by any of the Parties parties to this Agreement, and except for matters for which the remedy of specific performance, injunctive relief or other non-monetary equitable remedies are available, the indemnification rights provided above shall be the sole and exclusive remedy of the parties under this Agreement.
Appears in 2 contracts
Samples: Services Agreement (LendingClub Corp), Services Agreement (LendingClub Corp)
Exclusivity of Remedies. Subject to Section 2.3, absent actual fraud or willful misconduct by any of the Parties parties to this Agreement, and except for matters for which the remedy of specific performance, injunctive relief or other non-monetary equitable remedies are available, the indemnification rights provided above shall be the sole and exclusive remedy of the parties under this Agreement.
Appears in 1 contract
