No Waiver Relating to Claims for Fraud/Willful Misconduct. The liability of any party under this Article VII shall be in addition to, and not exclusive of, any other liability that such party may have at law or in equity based on such party’s (a) fraudulent acts or omissions or (b) willful misconduct. None of the provisions set forth in this Agreement shall be deemed to be a waiver by or release of any party of any right or remedy that such party may have at law or equity based on any other party’s fraudulent acts or omissions or willful misconduct nor shall any such provisions limit, or be deemed to limit, (i) the amounts of recovery sought or awarded in any such claim for fraud or willful misconduct, (ii) the time period during which a claim for fraud or willful misconduct may be brought, or (iii) the recourse that any such party may seek against another party with respect to a claim for fraud or willful misconduct.
Appears in 14 contracts
Samples: Merger Agreement (Navios Maritime Partners L.P.), Merger Agreement (Navios Maritime Containers L.P.), Merger Agreement (Navios Maritime Partners L.P.)
No Waiver Relating to Claims for Fraud/Willful Misconduct. The liability of any party under this Article VII V shall be in addition to, and not exclusive of, any other liability that such party may have at law or in equity based on such party’s (a) fraudulent acts or omissions or (b) willful misconduct. None of the provisions set forth in this Agreement shall be deemed to be a waiver by or release of any party of any right or remedy that which such party may have at law or equity based on any other party’s fraudulent acts or omissions or willful misconduct nor shall any such provisions limit, or be deemed to limit, (i) the amounts of recovery sought or awarded in any such claim for fraud or willful misconduct, (ii) the time period during which a claim for fraud or willful misconduct may be brought, or (iii) the recourse that which any such party may seek against another party with respect to a claim for fraud or willful misconduct.
Appears in 4 contracts
Samples: Purchase and Sale Agreement (Spectra Energy Corp.), Securities Purchase Agreement (Enterprise GP Holdings L.P.), Purchase and Sale Agreement (Duke Energy Corp)
No Waiver Relating to Claims for Fraud/Willful Misconduct. The liability of any party under this Article VII VIII shall be in addition to, and not exclusive of, any other liability that such party may have at law or in equity based on such party’s (a) fraudulent acts or omissions or (b) willful misconduct. None of the provisions set forth in this Agreement shall be deemed to be a waiver by or release of any party of any right or remedy that such party may have at law or equity based on any other party’s fraudulent acts or omissions or willful misconduct nor shall any such provisions limit, or be deemed to limit, (i) the amounts of recovery sought or awarded in any such claim for fraud or willful misconduct, (ii) the time period during which a claim for fraud or willful misconduct may be brought, or (iii) the recourse that any such party may seek against another party with respect to a claim for fraud or willful misconduct.
Appears in 3 contracts
Samples: Merger Agreement (Williams Pipeline Partners L.P.), Merger Agreement (Plains All American Pipeline Lp), Merger Agreement (Pacific Energy Partners Lp)
No Waiver Relating to Claims for Fraud/Willful Misconduct. The liability of any party under this Article VII shall be in addition to, and not exclusive of, any other liability that such party may have at law or in equity based on such party’s (a) fraudulent acts or omissions or (b) willful misconduct. None of the provisions set forth in this Agreement shall be deemed to be a waiver by or release of any party of any right or remedy that such party may have at law or equity based on any other party’s fraudulent acts or omissions or willful misconduct nor shall any such provisions limit, or be deemed to limit, (i) the amounts of recovery sought or awarded in any such claim for fraud or willful misconduct, (ii) the time period during which a claim for fraud or willful misconduct may be brought, or (iii) the recourse that any such party may seek against another party with respect to a claim for fraud or willful misconduct. Without limiting the rights of the Parent Group Entities under this Agreement, the RRMS Parties shall not have any liability for monetary damages for any breach of, or inaccuracy in, any representation or warranty made by the RRMS Parties, and the Parent Parties shall not have any liability for monetary damages for any breach of Section 5.1(b)(vii).
Appears in 2 contracts
No Waiver Relating to Claims for Fraud/Willful Misconduct. The liability of any party under this Article VII XI shall be in addition to, and not exclusive of, any other liability that such party may have at law or in equity based on such party’s (ax) fraudulent acts or omissions or (by) willful misconduct. None of the provisions set forth in this Agreement shall be deemed to be a waiver by or release of any party to this Agreement of any right or remedy that which such party may have at law or in equity based on any other party’s fraudulent acts or omissions or willful misconduct nor shall any such provisions limit, or be deemed to limit, (i) the amounts of recovery sought or awarded in any such claim for fraud or willful misconduct, (ii) the time period during which a claim for fraud or willful misconduct may be brought, or (iii) the recourse that which any such party may seek against another party with respect to a claim for fraud or willful misconduct.
Appears in 2 contracts
Samples: Merger Agreement (Brek Energy Corp), Merger Agreement (Gasco Energy Inc)
No Waiver Relating to Claims for Fraud/Willful Misconduct. The liability of any party under this Article VII V shall be in addition to, and not exclusive of, any other liability that such party may have at law or in equity based on such party’s (a) fraudulent acts or omissions or (b) willful misconduct. None of the provisions set forth in this Agreement shall be deemed to be a waiver by or release of any party of any right or remedy that such party may have at law or equity based on any other party’s fraudulent acts or omissions or willful misconduct nor shall any such provisions limit, or be deemed to limit, (i) the amounts of recovery sought or awarded in any such claim for fraud or willful misconduct, (ii) the time period during which a claim for fraud or willful misconduct may be brought, or (iii) the recourse that any such party may seek against another party with respect to a claim for fraud or willful misconduct.
Appears in 2 contracts
Samples: Purchase Agreement (Plains All American Pipeline Lp), Purchase Agreement (Pacific Energy Partners Lp)
No Waiver Relating to Claims for Fraud/Willful Misconduct. The Notwithstanding any provision of this Agreement to the contrary the liability of any party under this Article VII VIII shall be in addition to, and not exclusive of, any other liability that such party may have at law or in equity based on such party’s (a) fraudulent acts or omissions or (b) willful misconduct. None of the provisions set forth in this Agreement shall be deemed to be a waiver by or release of any party of any right or remedy that such party may have at law or equity based on any other party’s fraudulent acts or omissions or willful misconduct misconduct, whether or not such fraud relates to a representation made in this Agreement, nor shall any such provisions limit, or be deemed to limit, (i) the amounts of recovery sought or awarded in any such claim for fraud or willful misconduct, (ii) the time period during which a claim for fraud or willful misconduct may be brought, or (iii) the recourse that any such party may seek against another party with respect to a claim for fraud or willful misconduct.
Appears in 2 contracts
Samples: Merger Agreement (QEP Midstream Partners, LP), Merger Agreement (Tesoro Logistics Lp)
No Waiver Relating to Claims for Fraud/Willful Misconduct. The liability of any party under this Article VII IV shall be in addition to, and not exclusive of, any other liability that such party may have at law or in equity based on such party’s (a) fraudulent acts or omissions or (b) willful misconduct. None of the provisions set forth in this Agreement shall be deemed to be a waiver by or release of any party of any right or remedy that which such party may have at law or equity based on any other party’s fraudulent acts or omissions or willful misconduct nor shall any such provisions limit, or be deemed to limit, (i) the amounts of recovery sought or awarded in any such claim for fraud or willful misconduct, (ii) the time period during which a claim for fraud or willful misconduct may be brought, or (iii) the recourse that which any such party may seek against another party with respect to a claim for fraud or willful misconduct.
Appears in 2 contracts
Samples: Purchase and Sale Agreement (Colorado Interstate Gas Co), Purchase and Sale Agreement (Colorado Interstate Gas Co)
No Waiver Relating to Claims for Fraud/Willful Misconduct. The liability Liability of any party under this Article VII VIII shall be in addition to, and not exclusive of, any other liability Liability that such party may have at law or in equity based on such party’s (a) fraudulent acts or omissions or (b) willful misconductmisconduct or Willful and Material Breach. None of the provisions set forth in this Agreement shall be deemed to be a waiver by or release of any party of any right or remedy that such party may have at law or equity based on any other party’s fraudulent acts or omissions or willful misconduct nor shall any such provisions limit, or be deemed to limit, (i) the amounts of recovery sought or awarded in any such claim for fraud or willful misconductmisconduct or Willful and Material Breach, (ii) the time period during which a claim for fraud or willful misconduct or Willful and Material Breach may be brought, or (iii) the recourse that any such party may seek against another party with respect to a claim for fraud or willful misconductmisconduct or Willful and Material Breach.
Appears in 1 contract
No Waiver Relating to Claims for Fraud/Willful Misconduct. The liability Any claim for any breach of any party under this representation, warranty, covenant or agreement specified in Article VII VIII shall be have as its sole remedy the indemnification provided in addition toArticle VIII. Notwithstanding the foregoing, and not exclusive of, any other liability that such party may have at law or in equity based on such party’s (a) fraudulent acts or omissions or (b) willful misconduct. None none of the provisions set forth in this Agreement shall be deemed to be a waiver by or release of any party of any right or remedy that which such party may have at law or equity based on any other party’s fraudulent acts or omissions or willful misconduct nor shall any such provisions limit, or be deemed to limit, limit (ia) the amounts of recovery sought or awarded in any such claim for fraud or willful misconduct, (iib) the time period during which a claim for fraud or willful misconduct may be brought, or (iiic) the recourse that which any such party may seek against another party with respect to a claim for fraud or willful misconduct.
Appears in 1 contract
No Waiver Relating to Claims for Fraud/Willful Misconduct. The liability of any party under this Article VII V shall be in addition to, and not exclusive of, any other liability that such party may have at law or in equity based on such party’s 's (a) fraudulent acts or omissions or (b) willful misconduct. None of the provisions set forth in this Agreement shall be deemed to be a waiver by or release of any party of any right or remedy that which such party may have at law or equity based on any other party’s 's fraudulent acts or omissions or willful misconduct nor shall any such provisions limit, or be deemed to limit, (i) the amounts of recovery sought or awarded in any such claim for fraud or willful misconduct, (ii) the time period during which a claim for fraud or willful misconduct may be brought, or (iii) the recourse that which any such party may seek against another party with respect to a claim for fraud or willful misconduct.. -44-
Appears in 1 contract
No Waiver Relating to Claims for Fraud/Willful Misconduct. The liability of any party under this Article VII 9 shall be in addition to, and not exclusive of, any other liability that such party may have at law or in equity based on such party’s (a) fraudulent acts or omissions or (b) willful misconduct. None of the provisions set forth in this Agreement shall be deemed to be a waiver by or release of any party of any right or remedy that which such party may have at law or equity based on any other party’s fraudulent acts or omissions or willful misconduct nor shall any such provisions limit, or be deemed to limit, (i) the amounts of recovery sought or awarded in any such claim for fraud or willful misconduct, (ii) the time period during which a claim for fraud or willful misconduct may be brought, or (iii) the recourse that which any such party may seek against another party with respect to a claim for fraud or willful misconduct.
Appears in 1 contract
No Waiver Relating to Claims for Fraud/Willful Misconduct. The liability of any party under this Article VII ARTICLE VIII shall be in addition to, and not exclusive of, any other liability that such party may have at law or in equity based on such party’s 's (a) fraudulent acts or omissions or (b) willful misconduct. None of the provisions set forth in this Agreement shall be deemed to be a waiver by or release of any party of any right or remedy that which such party may have at law or equity based on any other party’s 's fraudulent acts or omissions or willful misconduct nor shall any such provisions limit, or be deemed to limit, (i) the amounts of recovery sought or awarded in any such claim for fraud or willful misconduct, (ii) the time period during which a claim for fraud or willful misconduct may be brought, or (iii) the recourse that which any such party may seek against another party with respect to a claim for fraud or willful misconduct.
Appears in 1 contract
Samples: Merger Agreement (Enterprise Products Partners L P)
No Waiver Relating to Claims for Fraud/Willful Misconduct. The liability of any party under this Article VII 8 shall be in addition to, and not exclusive of, any other liability that such party may have at law or in equity based on such party’s (a) fraudulent acts or omissions or (b) willful misconduct. None of the provisions set forth in this Agreement shall be deemed to be a waiver by or release of any party of any right or remedy that which such party may have at law or equity based on any other party’s fraudulent acts or omissions or willful misconduct nor shall any such provisions limit, or be deemed to limit, (i) the amounts of recovery sought or awarded in any such claim for fraud or willful misconduct, (ii) the time period during which a claim for fraud or willful misconduct may be brought, or (iii) the recourse that which any such party may seek against another party with respect to a claim for fraud or willful misconduct.
Appears in 1 contract