Common use of Indemnification as Exclusive Remedy Clause in Contracts

Indemnification as Exclusive Remedy. Except as otherwise expressly provided in Article VII, and except for claims or actions for fraud, the indemnification provided in this Article X, 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 this Agreement or the transactions contemplated hereby. The foregoing notwithstanding, nothing in this Section 10.3 shall limit or restrict the ability or right of any party hereto to seek injunctive or other equitable relief for any breach or alleged breach of any provision of Articles II, V, VI or IX of this Agreement; provided, that any procedures in respect of and limitations on Losses or liabilities in this Article X shall in no event be diminished or circumvented by such relief.

Indemnification as Exclusive Remedy. Except as otherwise expressly provided in Article VIIV, and except for claims or actions for fraud, the indemnification provided in this Article XIX, 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 this Agreement or the transactions contemplated hereby. The foregoing notwithstanding, nothing in this Section 10.3 9.3 shall limit or restrict the ability or right of any party hereto to seek injunctive or other equitable relief for any breach or alleged breach of any provision of Articles II, V, VI V or IX X of this Agreement; provided, that any procedures in respect of and limitations on Losses or liabilities in this Article X IX shall in no event be diminished or circumvented by such relief.

Indemnification as Exclusive Remedy. Except as otherwise expressly provided in Article VIIV, and except for claims or actions for fraud, the indemnification provided in this Article XIX, 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 this Agreement or the transactions contemplated hereby. The foregoing notwithstanding, nothing in this Section 10.3 9.3 shall limit or restrict the ability or right of any party hereto to seek injunctive or other equitable relief for any breach or alleged breach of any provision of Articles II, V, VI V or IX X of this Agreement; provided, provided that any procedures in respect of and limitations on Losses or liabilities Liabilities in this Article X IX shall in no event be diminished or circumvented by such relief.