Intentional Misrepresentation; Fraud. The limitations set forth in Section 7.1(a) and Section 7.1(b) shall not apply in the event of any intentional misrepresentation or fraud (as determined by a non-appealable and binding decision by a court of law having jurisdiction over the parties).
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Samples: Agreement and Plan of Merger (Ligand Pharmaceuticals Inc)
Intentional Misrepresentation; Fraud. The Notwithstanding anything to the contrary contained in Section 9.1(a) or Section 9.1(b), the limitations set forth in Section 7.1(a9.1(a) and Section 7.1(b9.1(b) shall not apply in the event case of any claims based upon intentional misrepresentation misrepresentation, fraud or fraud willful misconduct (as determined by a non-appealable and binding decision by a court of law having jurisdiction over the partiescollectively “Fraud”).
Appears in 1 contract
Intentional Misrepresentation; Fraud. The Notwithstanding anything to the contrary contained in Section 9.1(a) and Section 9.1(b), the limitations set forth in Section 7.1(a9.1(a) and Section 7.1(b9.1(b) shall not apply in the event case of any claims based upon intentional misrepresentation or fraud (as determined by a non-appealable and binding decision by a court of law having jurisdiction over the parties)fraud.
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Samples: Agreement of Merger (Oclaro, Inc.)
Intentional Misrepresentation; Fraud. The Notwithstanding anything to the contrary contained in Section 11.01(a), the limitations set forth in Section 7.1(a) and Section 7.1(b11.01(a) shall not apply in the event case of any claims based upon intentional misrepresentation or fraud (as determined by a non-appealable and binding decision by a court of law having jurisdiction over the parties)fraud.
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Intentional Misrepresentation; Fraud. The Notwithstanding anything to the contrary contained in Section 10.1(a), the limitations set forth in Section 7.1(a) and Section 7.1(b10.1(a) shall not apply in the event case of any claims based upon intentional misrepresentation or fraud (as determined by a non-appealable and binding decision by a court of law having jurisdiction over the parties)fraud.
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Samples: Agreement and Plan of Merger (Sorrento Therapeutics, Inc.)