Common use of No Duplication; Exclusive Remedy Clause in Contracts

No Duplication; Exclusive Remedy. (a) Any liability for indemnification hereunder shall be determined without duplication of recovery by reason of the state of facts giving rise to such liability constituting an Asset, an Assumed Liability, an Excluded Asset or a Retained Liability, or a breach of more than one representation, warranty, covenant or agreement, as applicable. (b) From and after the Closing, the exclusive remedy of the Indemnified Persons in connection with this Agreement and the transactions contemplated hereby (whether under this contract or arising under common law or any other Law) shall be as provided in this Article X; provided, however, that nothing in this Article X shall limit in any way either party’s remedies in respect of intentional fraud by the other party in connection with the transactions contemplated hereby. In addition, nothing in this Section 10.03(b) shall operate to interfere with or impede the operation of the provisions of Section 2.03(d) or Section 2.04 or Purchaser’s right to seek equitable remedies (including specific performance or injunctive relief) to enforce Section 5.03, Section 5.17 and Section 5.18.

No Duplication; Exclusive Remedy. (a) Any liability for indemnification hereunder shall be determined without duplication of recovery by reason of the state of facts giving rise to such liability constituting an a Transferred Asset, an Assumed Liability, an Excluded Asset Asset, a Retained Liability or a Liability relating to the Retained LiabilityLitigation, or a breach of more than one representation, warranty, covenant or agreement, as applicable. (b) From and after the Closing, the exclusive remedy of the Indemnified Persons in connection with this Agreement, the Contribution Agreement and the transactions contemplated hereby and thereby (whether under this contract or arising under common law or any other Law) shall be as provided in this Article X; provided, however, that nothing in this Article X shall limit in any way either party’s remedies in respect of intentional fraud by the other party in connection with the transactions contemplated hereby. In addition, nothing in this Section 10.03(b) shall operate to interfere with or impede the operation of the provisions of Section 2.03(d) 2.04, Section 5.15, Article VII or Section 2.04 or Purchaser’s the Parties’ right to seek equitable remedies (including specific performance or injunctive relief) to enforce Section 5.03, Section 5.17 5.15, Section 5.16 and Section 5.185.17.