Exclusivity of Remedy Sample Clauses

Exclusivity of Remedy. With respect to any breach by either --------------------- party of its representations, warranties, covenants, or agreements in this Agreement, the respective Buyer or Seller Ancillary Agreements, or the ROW Agreements and the transactions contemplated hereby and thereby, the sole and exclusive remedy of the other party (in contract, tort, for contribution, under Requirements of Law, or otherwise) shall be the indemnification provided in the Coordinating Agreement. In view of this exclusivity of remedy provision, Buyer and Seller covenant and agree for themselves and their respective Affiliates that they will not bring, maintain, join or prosecute any Action or other proceeding against the other or its Affiliates for breach of this Agreement or indemnity therefore except as provided in the Coordinating Agreement.

Exclusivity of Remedy. Notwithstanding anything to the contrary set forth in this Agreement, if Company pays or causes to be paid to Buyer or to Buyer Bank the Termination Fee, neither Company nor Company Bank (or any successor in interest of Company or Company Bank) will have any further obligations or liabilities to Buyer or Buyer Bank with respect to this Agreement or the transactions contemplated by this Agreement.

Exclusivity of Remedy. The credits described herein are customer’s sole remedy for failure to meet any criteria, standard, measurement, goal, or objective set forth in this Service Level Agreement, regardless of cause. In no event shall the cumulative credits for all missed measurements in any month exceed the payments by Customer for recurring charges in that month.

Exclusivity of Remedy. 10 Section 10.1.

Exclusivity of Remedy. The remedies provided to the Buyer under Subparagraphs 2.7.2 and 4.6 above are mutually exclusive and not cumulative.

Exclusivity of Remedy. Except with respect to Section 8.07 and Article X of the Acquisition Agreement, indemnification pursuant to the provisions of this Article VI shall be the exclusive remedy of the parties for any misrepresentation or breach of any warranty or covenant contained in this Agreement or in any closing document executed and delivered pursuant to the provisions hereof. Notwithstanding the foregoing, the provisions of Section 8.07(c) shall apply, mutatis mutandis, to indemnification claims referred to in Section 6.01, Section 6.02, Section 8.07(a) or Section 8.07(b).

Exclusivity of Remedy. Notwithstanding anything to the contrary set forth in this Agreement, if 1855 Bancorp pays or causes to be paid to Sandwich the Special Payment, neither 1855 Bancorp nor Compass Bank will have any further obligations or liabilities to Sandwich or Sandwich Bank with respect to this Agreement or the transactions contemplated by this Agreement.

Exclusivity of Remedy. The indemnification provided in this Article 15 shall be the exclusive remedy of the Sellers’ Retained Group Companies against the Buyer under this Agreement or in respect of the subject matter covered by the representation or warranties of the Buyer contained herein, the Transferred Assets or the Transferred Liabilities and, except in the case of fraud or willful misconduct (dol), General Motors hereby waives any rights to rescission it may have.

Exclusivity of Remedy. Notwithstanding anything to the contrary set forth in this Agreement, if the Buyer pays or causes to be paid to the Seller the Buyer Special Payment, neither the Buyer nor any affiliate will have any further obligations or liabilities to the Seller or the Seller Bank or any other person with respect to this Agreement or the transactions contemplated by this Agreement, it being understood, HOWEVER, that payment of the Buyer Special Payment shall not have any effect on the respective rights and obligations of the parties pursuant to the Stock Option Agreement.

Exclusivity of Remedy. Subject to Section 10.12, and without limiting any parties rights (x) under any other Transaction Document or any other agreement entered into in connection with this Agreement or (y) with respect to claims for intentional fraud or intentional misrepresentation in connection with the transactions contemplated by this Agreement, the parties hereto acknowledge and agree that from and after the Effective Time, the indemnification provisions in this Article 8 shall be the sole and exclusive monetary remedy of any party with respect to any and all claims arising out of breaches of representations, warranties, covenants or agreements contained in this Agreement.