Common use of Indemnification as Sole Remedy Clause in Contracts

Indemnification as Sole Remedy. The parties hereto agree that a claim for indemnification under this Article 8 shall be the sole remedy for any party which suffers any Loss as a result of, arising out of or otherwise attributable to this Agreement or the purchase and sale of the Purchased Assets contemplated hereby; provided, however, that such limitation shall not apply to claims for injunctive relief expressly provided for in this Agreement and in the case of fraudulent misrepresentations.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Amtech Systems Inc), Asset Purchase Agreement (Amtech Systems Inc)

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Indemnification as Sole Remedy. The parties hereto agree that a claim for indemnification under made pursuant to this Article 8 Agreement shall be the sole remedy for any party which suffers any Loss as a result of, arising out of or otherwise attributable to this Agreement or the purchase and sale of the Purchased Assets contemplated hereby; provided, however, that such limitation . The provisions of this Section 9.05 shall not apply to claims for injunctive relief expressly provided for in survive any termination of this Agreement and in the case of fraudulent misrepresentationspursuant to Article 10.

Appears in 1 contract

Samples: Asset Purchase Agreement (American Drug Co)

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Indemnification as Sole Remedy. The parties hereto agree that a claim for indemnification under made pursuant to this Article 8 Agreement shall be the sole remedy for any party which suffers any Loss as a result of, arising out of or otherwise attributable to this Agreement or the purchase and sale of the Purchased Assets contemplated hereby; provided. Notwithstanding the foregoing, however, that such limitation Purchaser shall not apply be entitled to claims for seek injunctive relief expressly provided for in to restrain a breach of Sections 4.08 and 4.10 of this Agreement and in the case of fraudulent misrepresentationsAgreement.

Appears in 1 contract

Samples: Asset Purchase Agreement (Gp Strategies Corp)

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