Common use of Exclusivity of Remedy Clause in Contracts

Exclusivity of Remedy. Except as provided in Section 9.2, with respect to any breach by either ----------- party of its representations, warranties, covenants, or agreements in this Agreement or 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, the Buyer and the 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 therefor except as provided in the Coordinating Agreement.

Appears in 1 contract

Samples: Stock Purchase Agreement (Exide Corp)

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Exclusivity of Remedy. Except as provided in Section 9.210.3, with respect to any breach by either ----------- party ------------ of its representations, warranties, covenants, or agreements in this Agreement or Agreement, the respective Buyer Ancillary Agreements or Seller Ancillary Agreements, Agreements or the ROW Agreements Agreements, and the transactions contemplated hereby and thereby, the sole and exclusive remedy of the other party (in contract, tort, for contribution, contribution under Requirements of Law, or otherwise) shall be the indemnification provided in the Coordinating Agreement. In view of this exclusivity of remedy provision, the Buyer and the 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 therefor except as provided set out in the Coordinating Agreement.

Appears in 1 contract

Samples: Stock Purchase Agreement (Exide Corp)

Exclusivity of Remedy. Except as provided in Section 9.29.3, --------------------- ----------- with respect to any breach by either ----------- party of its representations, warranties, covenants, or agreements in this Agreement or 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, the Buyer and the 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 therefor except as provided in the Coordinating Agreement.

Appears in 1 contract

Samples: Stock Purchase Agreement (Exide Corp)

Exclusivity of Remedy. Except as provided in Section 9.2, 10.3 --------------------- ------------ with respect to any breach by either ----------- party of its representations, warranties, covenants, or agreements in this Agreement or 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, contribution under Requirements of Law, or otherwise) shall be the indemnification provided in the Coordinating Agreement. In view of this exclusivity of remedy provision, the Buyer and the 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 therefor except as provided in the Coordinating Agreement.

Appears in 1 contract

Samples: Stock Purchase Agreement (Exide Corp)

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Exclusivity of Remedy. Except as provided in Section 9.2, with respect to any breach by either ----------- party of its representations, warranties, covenants, or agreements in this Agreement or 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, the Buyer and the Seller Sellers 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 therefor except as provided in the Coordinating Agreement.

Appears in 1 contract

Samples: Stock Purchase Agreement (Exide Corp)

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