Common use of Indemnification as Exclusive Remedy Clause in Contracts

Indemnification as Exclusive Remedy. Except as otherwise expressly provided in Article V, the indemnification provided in this Article IX, subject to the limitations set forth herein, shall be the exclusive post-Closing remedy available to any party in connection with any Losses arising out of or resulting from a breach of any representation and warranty or of any pre-Closing covenant under this Agreement or the transactions contemplated hereby.

Indemnification as Exclusive Remedy. Except as otherwise expressly provided in Article V, the The indemnification provided in this Article IX, subject to the limitations set forth herein, shall be the exclusive post-Closing remedy available to any party in connection with any Losses arising out of or resulting from a breach of any representation and warranty or of any pre-Closing covenant under this Agreement or Agreement, the transactions contemplated hereby, any property owned, based or subleased by any of the Group Companies or otherwise regarding any of the Group Companies.

Indemnification as Exclusive Remedy. Except as otherwise expressly provided in Article V, the The indemnification provided in this Article IX, subject to the limitations set forth herein, shall be the exclusive post-Closing closing remedy available to any party Party in connection with any Losses arising out of or resulting from a breach of any representation this Agreement, and warranty or of any pre-Closing covenant under this Agreement or the other transactions contemplated herebyhereby and by other Transaction Documents.

Indemnification as Exclusive Remedy. Except as otherwise expressly provided in Article V, the The indemnification provided in this Article IXIX and Article XII, subject to the limitations set forth herein, shall be the exclusive post-Closing remedy available to any party in connection with for any Losses arising out of or resulting from a breach of any representation and representation, warranty or of any pre-Closing covenant under this Agreement or by the transactions contemplated herebyother party contained herein.

Indemnification as Exclusive Remedy. Except as otherwise expressly provided in Article V, the The indemnification provided in this Article IX, subject to the limitations set forth herein, IX shall be the exclusive post-Closing closing remedy available to the parties for any party breach of any representation, warranty, covenant or agreement contained in this Agreement or any other documents, instruments or agreements executed and delivered in connection with any Losses arising out of or resulting from a breach of any representation and warranty or of any pre-Closing covenant under this Agreement or the transactions contemplated hereby; provided, however, that either party shall be entitled to enforce the provisions of Section 11.3 by any remedy available to such party, including, without limitation, injunction or specific performance.

Indemnification as Exclusive Remedy. Except as otherwise expressly provided in Article V, the The indemnification provided in this Article IX, subject to the limitations set forth herein, shall be the exclusive post-Closing monetary remedy available to any party in connection with for any Losses arising out of or resulting from a breach of any representation and representation, warranty or of any pre-Closing covenant by the other party contained herein; provided, however, that this exclusive remedy for damages does not preclude a party from bringing an action for (i) specific performance or other equitable remedy to require a party to perform its obligation under this Agreement or (ii) actions for fraud on the transactions contemplated herebypart of a party to this Agreement.

Indemnification as Exclusive Remedy. Except as otherwise expressly provided in Article VV or in the case of fraud or intentional misrepresentation, the indemnification provided in this Article IX, subject to the limitations set forth herein, shall be the exclusive post-Closing remedy available to any party in connection with any Losses arising out of or resulting from a breach of any representation and warranty or of any pre-Closing covenant under this Agreement or the transactions contemplated hereby.