Common use of Fraud; Intentional Misrepresentation Clause in Contracts

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.

Appears in 7 contracts

Samples: Asset Purchase Agreement (Balanced Care Corp), Asset Purchase Agreement (Balanced Care Corp), Asset Purchase Agreement (Balanced Care Corp)

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