Common use of No Fraud Waiver Clause in Contracts

No Fraud Waiver. Notwithstanding anything to the contrary stated in this Agreement (including, without limitation, this SECTION 4.10), in no event shall Buyer or Seller or any of their Affiliates waive hereby, or be deemed to have waived hereby, any right, claim or cause of action that Buyer or Seller or any of their Affiliates may have or assert against the other or any of its Affiliates relating to fraud, and the waivers in this Agreement shall not be deemed to waive or absolve Seller or Buyer or any of their Affiliates from any liability for fraud or any action in fraud.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Golf Trust of America Inc), Purchase and Sale Agreement (Golf Trust of America Inc)

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No Fraud Waiver. Notwithstanding anything to the contrary stated set forth in this Agreement (Agreement, including, without limitation, this SECTION 4.10Section 5.11(c), in no event shall Buyer or Seller or any of their Affiliates waive hereby, or be deemed to have waived hereby, any right, claim or cause of action that Buyer or Seller or any of their Affiliates may have or assert against the other or any of its Affiliates relating to active fraud, and the waivers in this Agreement shall not be deemed to waive or absolve Seller or Buyer or any of their Affiliates from any liability for the active fraud or any action in fraudof Seller.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Gta-Ib, LLC), Asset Purchase Agreement (Golf Trust of America Inc)

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No Fraud Waiver. Notwithstanding anything to the contrary stated set forth in this Agreement (includingAgreement, without limitation, including this SECTION 4.10Section 5.09(c), in no event shall Buyer or Seller or any of their Affiliates waive hereby, or be deemed to have waived hereby, any right, claim or cause of action that Buyer or Seller or any of their Affiliates may have or assert against the other or any of its Affiliates relating to active fraud, and the waivers in this Agreement shall not be deemed to waive or absolve Seller or Buyer or any of their Affiliates from any liability for the active fraud or any action in fraudof Seller.

Appears in 1 contract

Samples: Asset Purchase Agreement (Golf Trust of America Inc)

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