Fraud; Intentional Misrepresentation. The limitations set forth in Sections 14.6.1 and 14.6.2 shall not apply to Purchaser Damages arising out of fraud, the breach of any representation or warranty contained herein or pursuant hereto if such representation or warranty was made with actual knowledge that it contained an untrue statement of a fact or omitted to state a fact necessary to make the statements of facts contained therein not misleading or misrepresented. The foregoing limitations relate only to indemnification and do not diminish or in any way relieve Seller of any of its obligations or liabilities with respect to the Retained Liabilities.
Fraud; Intentional Misrepresentation. The limitations set forth in Sections 14.6.1 and 14.6.2 shall not apply to Purchaser Damages arising out of fraud, the breach of any representation or warranty contained herein or pursuant hereto if such representation or warranty was made with actual knowledge that it contained an untrue statement of a fact or omitted to
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Fraud; Intentional Misrepresentation. Notwithstanding anything contained in this Agreement to the contrary, in the case of fraud, the limitations on indemnification (including as to duration and amount) contained in §9.1 or elsewhere in this §9 shall not apply to any claim for indemnification under this §9 by an Indemnified Party.
Fraud; Intentional Misrepresentation. Notwithstanding any provision to the contrary contained in this Agreement, no limitation on liability shall apply to any claim based on fraud or intentional misrepresentation.
Fraud; Intentional Misrepresentation. The limitations set forth in Sections 7.04(a), (b) and (c) shall not apply to Buyer Damages arising out of ----------------------------- (i) fraud, (ii) the breach of any representation or warranty contained herein or pursuant hereto if such representation or warranty was made with actual knowledge that it contained an untrue statement of a fact or omitted to state a fact necessary to make the statements of facts contained therein not misleading, or (iii) the breach by Seller of the representations and warranties set out in Section 3.18. ------------
Fraud; Intentional Misrepresentation. Notwithstanding anything to the contrary herein, in the event of any acts of fraud, the Parties shall have all remedies available at law or in equity (including for tort) with respect to such fraud; provided, however, that in the case of Bancorp, Bancorp’s Knowledge shall be deemed the actual knowledge of Axxx X. Xxxxx and Jxxxx Xxxxx without regard to any requirement of due inquiry.
Fraud; Intentional Misrepresentation. Nothing in this Section 9.2(c) shall limit any remedy Parent Indemnified Person may have against any Person for fraud or intentional misrepresentation committed by such Person under applicable laws.
Fraud; Intentional Misrepresentation. Nothing in this Section 9.2(c) shall limit any remedy that a Purchaser Indemnified Person may have against any Person for fraud or intentional misrepresentation.
Fraud; Intentional Misrepresentation. The limitations set forth in Section 6.7 shall not apply to any Loss arising out of (i) fraud or (ii) the breach of any representation or warranty contained herein or pursuant hereto if such representation or warranty was made with actual knowledge that it contained an untrue statement of a fact or omitted to state a fact necessary to make the statements of facts contained therein not misleading.
