No Other Remedy. You are not entitled to invoke any other remedy in case of breach by us than the remedies explicitly mentioned in this XXXX.
No Other Remedy. Buyer acknowledges that the Properties were used by present or prior owners or operators for the storage, manufacture and sale of petroleum and other products. This use and the possible Release of materials, including gasoline or other petroleum products, may have caused physical and other changes in the Properties, including the deposit of solid and hazardous wastes and Hazardous Substances. Buyer acknowledges having the opportunity to conduct the Inspection to ascertain the physical characteristics and existing conditions of the Properties and Personalty. Buyer's sole remedy for Environmental Liability (including, but not limited to, Environmental Liability for subsurface and surface conditions, contamination, and solid and hazardous wastes, Hazardous Substances, and petroleum products or their constituents on, under or migrating from the Properties) will be as set forth in this Article 9 or under Section 8.6 for a breach of warranty in Section 9.2 and these remedies are in lieu of any statutory rights that Buyer may have under any Environmental Laws or common law causes of action.
No Other Remedy. 9.7.1 The Parties hereto acknowledge and agree that, from and after the Closing, their sole and exclusive remedy with respect to any and all claims relating to the breach of representations, and warranties contained in this Agreement (other than any claims for fraud) shall be pursuant to the indemnification provisions set forth in this ARTICLE 9; provided, however, that this sentence shall not limit the rights of the Parties hereto to seek specific performance of any provision of this Agreement. In furtherance of the foregoing, each of the Parties hereto hereby waives, to the fullest extent permitted under applicable law, any and all other rights, claims and causes of action it may have, from and after the Closing, against the other Party or their respective officers, directors, employees, agents, representatives and Affiliates relating to the breach of representations and warranties contained in this Agreement.
No Other Remedy. 14.4.1 It is specifically agreed that the Sellers’ liability in relation to the Company’s business is exclusively governed by the Sellers’ Warranties and the Specific Warranty and thus no remedy whatsoever under the Sale of Goods Act (Sw. Köplagen (1990:931)) or under any other statute, law or legal principle, including (but not limited to) the right to rescind this Agreement, shall be available to the Buyer.
14.4.2 The Parties agree that the provisions under the Swedish Sale of Goods Act regarding the Buyer’s obligation to examine the goods after delivery have been substituted by the Buyer’s examination of the Company prior to the entering into of this Agreement and the provisions of this Agreement.
No Other Remedy. The Parties expressly agree that, except as provided in Article 5, the rights and remedies provided in Section 11.1 shall be in lieu of any and all other right or remedy of the Purchaser, provided by law or otherwise, however arising in connection with any breach of the representations and warranties, covenants and/or obligations of the Sellers contained in this Agreement. In particular, but without limitation to the generality of the foregoing, no breach or inaccuracy of any representations or warranties of the Sellers contained in this Agreement will give rise to any right on the part of the Purchaser to rescind or terminate this Agreement. Notwithstanding anything herein to the contrary, nothing in this Agreement will limit the remedies provided for by applicable laws for fraud or willful misconduct.
No Other Remedy. Exential and the Exential Liquidators further acknowledge and agree that the only remedy available to Exential in respect of a breach of any provision of this Agreement will be a claim against FCI Markets for damages for breach of contract and that it shall not have any claim or remedy in tort or otherwise, whether generally, or in respect of such breach.
No Other Remedy. Without affecting in any way the right of adjustment to the Purchase Price contemplated in Article 2 hereof, or the right to seek injunctive or similar relief, no Party hereto shall have any remedy for any breach of any representation, warranty or covenant set forth in this Agreement or in any Closing Document (other than Non-Competition Agreements delivered in connection with this Agreement), except for a claim for indemnification made pursuant to and subject to the provisions and limitations contained in this Article 5, it being acknowledged and agreed that the remedies provided in this Article 5 constitute the sole and exclusive remedies for recovery against a Party hereto based upon the breach of any representation, warranty, covenant or obligation of such Party pursuant to this Agreement and any Closing Document.
No Other Remedy. The rights and remedies provided in Section 9.1 shall be in lieu of any and all other right or remedy of the Buyer, provided by law (in contract and/or in torts) or otherwise, however arising in connection with any breach of the representations and warranties covenants and/or obligations (other than covenants under Section 11.1 and 11.2) of the Seller contained in this Agreement. Notwithstanding anything to the contrary contained in this Agreement, no breach or inaccuracy of any covenants, (other than covenants under Section 4.3(iv), 4.3(viii) representations or warranties of the Seller contained in this Agreement will give rise to any right on the part of the Buyer to rescind or terminate this Agreement.
No Other Remedy. Except as specifically set forth in this Agreement or the other Transaction Documents or in any other agreement executed as of the date of this Agreement in connection herewith, at and after the Closing, this Article 9 will provide the exclusive remedy for any misrepresentation, breach of warranty, covenant or other agreement or claim arising out of or related to the this Agreement or the transactions contemplated hereby, and the Purchaser hereby waives, effective as of the Closing, all other rights and claims in law or equity with respect to such matters including claims for contribution or other rights of recovery arising out of or relating to any environmental law (whether now or hereinafter in effect), claims for rescission, claims for breach of contract, breach of representation or warranty, negligent misrepresentation and all other claims for breach of duty with respect thereto.
No Other Remedy. Except as specifically set forth in this Agreement or the other Transaction Documents or in any other agreement executed in connection herewith, at and after the Closing, this Article 8 will provide the sole and exclusive remedy for inaccuracy or breach of any representations or warranty, any breach or non-fulfillment of any covenant or other agreement, or claim arising out of or related to this Agreement or the Transactions, and each Party waives, effective as of the Closing, all other rights and claims in Law or equity with respect to such matters.
