Common use of Indemnification Exclusive Remedy Clause in Contracts

Indemnification Exclusive Remedy. Except as set forth in Section 9.4(c), indemnification pursuant to the provisions of this Article VIII shall be the exclusive remedy of the parties for any misrepresentation or breach of any warranty or covenant contained herein or in any closing document executed and delivered pursuant to the provisions hereof. Without limiting the generality of the preceding sentence, no legal action sounding in tort or strict liability may be maintained by any party other than common law fraud.

Indemnification Exclusive Remedy. Except for fraud and as set forth provided in Section 9.4(c)6.7, Section 8.4 and Section 9.5, indemnification pursuant to the provisions of this Article VIII VII shall be the exclusive remedy of the parties Company, the Seller Indemnitees and the Purchaser Indemnities for any misrepresentation or breach of any warranty or covenant contained herein or in any closing Closing document executed and delivered pursuant to the provisions hereof. Without limiting the generality of the preceding sentence, no legal action sounding in tort or strict liability arising out of this Agreement may be maintained by any party other than common law fraudparty.

Indemnification Exclusive Remedy. Except as set forth with respect to Sections 10.07 and 10.08 or in Section 9.4(c)the case of fraud, indemnification pursuant to the provisions of this Article VIII shall be the exclusive remedy of the parties for any misrepresentation or breach of any warranty or covenant contained herein or in any closing document executed and delivered pursuant to the provisions hereof. Without limiting the generality of the preceding sentence, no legal action sounding in tort or strict liability may be maintained by any party other than common law fraudparty.

Indemnification Exclusive Remedy. Except as set forth in Section 9.4(c)the case of fraud or intentional misrepresentation, indemnification pursuant to the provisions of this Article VIII Section 6.2 shall be the exclusive remedy of the parties for any misrepresentation or breach of any warranty or covenant contained herein or in any closing document executed and delivered pursuant to the provisions hereof. Without limiting the generality of the preceding sentence, no The only legal action sounding in tort or strict liability which may be maintained asserted by any party other than common law fraud.with respect to any matter which is the subject of this Section 6.2 shall be a contract action to enforce, or to recover damages for the breach of,