Indemnification as Sole Remedy. If the Closing has occurred, the sole and exclusive remedy (other than the right to seek specific performance of a covenant to be performed by the Seller or the Buyer after the Closing) available to a party in the event of a breach by the other party to this Agreement of any representation, warranty, covenant or other provision of this Agreement which survives the Closing shall be the indemnifications provided for under this ARTICLE X, unless specifically provided for elsewhere in this Agreement. The provisions of this ARTICLE X shall survive the Closing.
Appears in 6 contracts
Samples: Assignment and Assumption Agreement, Assignment and Assumption Agreement (Carey Watermark Investors Inc), Assignment and Assumption Agreement (Carey Watermark Investors Inc)
Indemnification as Sole Remedy. If the Closing has occurred, the sole and exclusive remedy (other than the right to seek specific performance of a covenant to be performed by the Seller or the Buyer after the Closing) available to a party in the event of a breach by the other party to this Agreement of any representation, warranty, covenant or other provision of this Agreement which survives the Closing shall be the indemnifications provided for under this ARTICLE X, unless specifically provided for Article XI or elsewhere in this Agreement. The provisions of this ARTICLE X , which indemnifications shall survive the ClosingClosing as provided in Article XI.
Appears in 1 contract
Samples: Agreement of Purchase and Sale (Interstate Hotels & Resorts Inc)
