Common use of Exclusivity of Remedies Clause in Contracts

Exclusivity of Remedies. From and after the Effective Time and except as otherwise expressly provided in any Transaction Agreement, the remedies provided for in this Article V shall, as between the parties, be the exclusive monetary remedies of the parties to this Separation Agreement with respect to the Transaction Agreements. Each party hereto agrees that the previous sentence shall not limit or otherwise affect any non-monetary right or remedy which any party to this Separation Agreement may have under the Transaction Agreements or otherwise limit or affect any such party’s right to seek equitable relief, including specific performance. For the avoidance of doubt, each party hereto agrees that this Article V shall not confer any remedy on any person for any breach of any representation, covenant or agreement set forth in any Transaction Agreement that does not survive the Effective Time.