Independent Remedies. The exclusion of damages under Section 9 is independent of Organization’s exclusive remedy in Section 10 and it survives even if the exclusive remedy fails of its essential purpose or otherwise is deemed unenforceable. Each of the limitations of liability in Sections 8 through 10 apply without regard to whether loss, liability, or damage arises from (i) breach of contract, (ii) breach of warranty, (iii) fault or tort, including negligence and misrepresentation, (iv) strict liability, or (v) any other cause of action, to the extent the exclusions and limitations are not prohibited by applicable law.
Independent Remedies. The limitation of LRS’ liability for Customer damages as provided in Section 1.9 shall be independent of the remedies provision of Sections
Independent Remedies. The Members hereby acknowledge and agree that the Escrow does not constitute Purchaser’s sole or exclusive recourse or remedy in connection with this Agreement, that the Purchaser expressly reserves and shall have the right to pursue any and all other remedies available to Purchaser at law or equity at any time with respect to any breach of any of the Members’ obligations to Purchaser, and that the Members remain liable on account of their indemnification obligations under Section 8.14 regardless of the sufficiency or insufficiency of the Escrow to satisfy Purchaser’s Losses. Without limiting the foregoing, the Purchaser shall have the right to offset any Purchaser’s Losses against any payment or other obligation of the Purchaser to any of the Members.
Independent Remedies. The disclaimer and limitation of warranties and the exclusion of damages under Sections 13, 14 and 15 are independent of your exclusive remedies in these Terms and the disclaimer and limitations of warranties and exclusion of damages survive even if the exclusive remedies fails of their essential purpose or otherwise are deemed unenforceable. Each of the limitations in Sections 13, 14 and 15 apply without regard to whether loss, liability, or damage arise from (a) breach of contract, (b) breach of warranty, (c) fault or tort, including negligence and misrepresentation, (d) strict liability, or (e) any other cause of action, to the extent the exclusions and limitations are not prohibited by applicable law.
Independent Remedies. The rights available to the parties under this Agreement and at law shall be deemed to be separate and not dependent on each other and each such right accordingly shall be construed as complete in itself and not by reference to any other such right. Any one or more and/or any combination of such rights may be exercised by the parties from time to time and no such exercise shall exhaust the rights or preclude the parties from exercising any one or more such rights or combination thereof from time to time thereafter or simultaneously.
Independent Remedies. For the avoidance of doubt, if a Loss is subject to indemnification under more than one of subsections (a) – (e) of Section 10.1, then Buyer may elect to recover its Losses under any one of more of the subsections for which indemnification is available.
Independent Remedies. In order to hold Guarantor liable and to enforce Guaranty, there shall be no obligation on the part of Payee at any time to resort for payment from Purchaser or any other guarantor, or any person, firm or corporation liable for any portion of the obligations or debt of Purchaser, or to any collateral, security, property, liens or other rights or remedies of Payee in respect to such indebtedness or any part thereof, all of which is hereby expressly waived by Guarantor.
Independent Remedies. Nothing herein shall in any way affect -------------------- Consultant's or the Corporation's respective rights, or his or its ability to pursue any claim or cause of action against the other party or any of its Affiliates, successors or assigns under, the Stockholders Agreement dated the date hereof among Consultant, the 1964 Trust, Investor and Guarantor, the Option Agreement between the Corporation and Consultant dated the date hereof, any lease between the Corporation or any Affiliate of the Corporation and Consultant or any of his Affiliates, or any other agreement to which Consultant is a party, whether such agreement is in effect on the date hereof or shall thereafter become effective.
Independent Remedies. Anything in this Agreement to the contrary notwithstanding, each Bank shall have the right to protect and enforce its rights arising out of this Agreement in respect of amounts due to it hereunder or under the Notes (whether at maturity by acceleration or otherwise) without it being necessary for any other Bank or any Agent to be joined as an additional party in any proceedings instituted by such Bank with respect to such obligations or without it being necessary for any other Bank or any Agent to authorize or consent to the institution of any such proceedings.
Independent Remedies. Lender’s Rights and Remedies may be exercised without resort to or regard to any other source of satisfaction of the Obligations.
