Indemnification Exclusive. The foregoing indemnification provisions are exclusive, and in lieu of any statutory, equitable or common law remedy any party may have for breach of representation, warranty, covenant or agreement, all of which are hereby irrevocably waived and relinquished to the maximum legal effect.
Indemnification Exclusive. The foregoing indemnification provisions are the sole and exclusive remedy for any third-party claim of Intellectual Property infringement, misappropriation or violation.
Indemnification Exclusive. Except as provided herein, the foregoing indemnification provisions shall be the sole and exclusive remedy after the Closing Date for money damages available to Purchaser for breach of any representations, warranties or covenants contained herein, but shall not limit any other remedy to which Purchaser may be entitled. Nothing in this Agreement shall be construed as limiting in any way the remedies that may be available to Purchaser in the event of fraud relating to the representations, warranties or covenants made by Seller in this Agreement.
Indemnification Exclusive. Except in the case of actual fraud (intentional misrepresentation of a material fact reasonably relied upon by the Claimant), indemnification pursuant to Sections 10.1 or 10.2, subject to all terms, conditions and limitations provided for in this Section 10, shall be the sole and exclusive remedy of the parties hereto or the other parties named as beneficiaries of Sections 10.1 or 10.2 for monetary damages with respect to any claims arising from, under or with respect to this Agreement, the transactions contemplated herein or the matters subject to indemnification hereunder.
Indemnification Exclusive. The foregoing indemnification provisions are exclusive and sever the right to any other remedies the Parties may have at law or otherwise for breach of warranty or failure to fulfill any agreement or covenant hereunder (including without limitation, tort, warranty against defects (kashitanpo sekinin), breach of agreements and unjust enrichment): provided that a Party may be entitled to statutory injunctive relief (sashiosae) and specific performance (tokutei rikou) where available. 8.6
Indemnification Exclusive. Following the Closing, the indemnification provisions of this Section 8 shall be the exclusive remedy for any breach of any representation, warranty, covenant or agreement made in this Agreement.
Indemnification Exclusive. Except as provided herein, the foregoing indemnification provisions shall be the sole and exclusive remedy after the Closing Date for money damages available to Purchaser, Seller or Shareholders for breach of any representations, warranties or covenants contained herein, but shall not limit any other remedy to which Purchaser, Seller or Shareholders may be entitled. Nothing in this Agreement shall be construed as limiting in any way the remedies that may be available to Purchaser, Seller or Shareholders in the event of fraud relating to the representations, warranties or covenants made by Purchaser, Seller or Shareholders in this Agreement.
Indemnification Exclusive. The foregoing indemnification ------------------------- provisions shall be the exclusive remedies any party may have for any breach of representation, warranty, covenant or agreement or any other claims arising out of this Agreement or the transactions contemplated hereby, except as provided in the Transition Agreement. Nothing contained in this Section 9.6 shall prevent Purchaser from pursuing remedies in its fiduciary capacity.
Indemnification Exclusive. Absent common law fraud or intentional misrepresentation, the indemnification provisions of this Article 7 shall be the exclusive remedy for breach of any representation or warranty contained in this Agreement. ARTICLE VIII
Indemnification Exclusive. Except as provided herein, the foregoing indemnification provisions shall be the sole and exclusive remedy after the Closing Date for money damages available to the indemnified party for breach of any representations, warranties or covenants contained herein, but shall not limit any other remedy to which the indemnified party may be entitled. Nothing in this Agreement shall be construed as limiting in any way the remedies that may be available to the indemnified party in the event of fraud relating to the representations, warranties or covenants made by the indemnifying party in this Agreement.
