Common use of No Waiver Relating to Claims for Fraud Clause in Contracts

No Waiver Relating to Claims for Fraud. The liability of any party under ARTICLE 8 shall be in addition to, and not exclusive of any other liability that such party may have at law or equity based on such party's fraudulent acts or omissions. None of the provisions set forth in this Agreement shall be deemed a waiver by any party to this Agreement of any right or remedy which such party may have at law or equity based on any other party's fraudulent acts or omissions, nor shall any such provisions limit, or be deemed to limit, (a) the amounts of recovery sought or awarded in any such claim for fraud, (b) the time period during which a claim for fraud may be brought, or (c) the recourse which any such party may seek against another party with respect to a claim for fraud; provided, that with respect to such rights and remedies at law or equity, the parties further acknowledge and agree that none of the provisions of this Section 9.13, nor any reference to this Section 9.13 throughout this Agreement, shall be deemed a waiver of any defenses which may be available in respect of actions or claims for fraud, including, but not limited to, defenses of statutes of limitations or limitations of damages.

No Waiver Relating to Claims for Fraud. The liability of any party under ARTICLE 8 Article 7 shall be in addition to, and not exclusive of of, any other liability that such party may have at law or equity based on such party's fraudulent ’s acts or omissionsomissions which constitute fraud under Applicable Law. None of the provisions set forth in this Agreement Agreement, including but not limited to the provisions set forth in Sections 7.5, shall be deemed a waiver by any party to this Agreement of any right or remedy which such party may have at law or equity based on any other party's fraudulent ’s acts or omissionsomissions which constitute fraud under Applicable Law, nor shall any such provisions limit, or be deemed to limit, (a) the amounts of recovery sought or awarded in any such claim for fraud, (b) the time period during which a claim for fraud may be brought, or (c) the recourse which any such party may seek against another party with respect to a claim for fraud; provided, that with respect to such rights and remedies at law or equity, the parties further acknowledge and agree that none of the provisions of this Section 9.138.2, nor any reference to this Section 9.13 8.2 throughout this Agreement, shall be deemed a waiver of any defenses which may be available in respect of actions or claims for fraud, including, including but not limited to, defenses of statutes of limitations or limitations of damages.

No Waiver Relating to Claims for Fraud. The liability of any party hereto under ARTICLE 8 shall Article VIII will be in addition to, and not exclusive of of, any other liability that such party may have at law or equity based on such party's fraudulent acts or omissionsthe Fraud of any Person. None of the provisions set forth in this Agreement shall Agreement, including the provisions set forth in Article VIII, will be deemed a waiver by any party hereto to this Agreement of any right or remedy which that such party may have at law or equity based on any other party's fraudulent acts or omissionswith respect to a claim for Fraud, nor shall will any such provisions limit, or be deemed to limit, (a) the amounts of recovery sought or awarded in any such claim for fraudFraud, (b) the time period during which a claim for fraud Fraud may be brought, or (c) the recourse which that any such party may seek against another party with respect to a claim for fraudFraud; provided, that with respect to such rights and remedies at law or equity, the parties hereto further acknowledge and agree that none of the provisions of this Section 9.139.8, nor any reference to this Section 9.13 9.8 throughout this Agreement, shall will be deemed a waiver of any defenses which that may be available in respect of actions or claims for fraudFraud, including, but not limited to, including defenses of statutes of limitations or limitations of damages.

No Waiver Relating to Claims for Fraud. The liability of any party under ARTICLE 8 shall be in addition to, and not exclusive of any other liability that such party may have at law or equity based on such party's fraudulent acts or omissions. None of the provisions set forth in this Agreement Agreement, including but not limited to the provisions set forth in Section 9.1, shall be deemed a waiver by any party Party to this Agreement of any right or remedy which such party Party may have at law or equity based on any other partyParty's fraudulent acts or omissions, nor shall any such provisions limit, or be deemed to limit, (a) the amounts of recovery sought or awarded in any such claim for fraud, (b) the time period during which a claim for fraud may be brought, or (c) the recourse which any such party Party may seek against another party Party with respect to a claim for fraud; provided, that with respect to such rights and remedies at law or equity, the parties Parties further acknowledge and agree that none of the provisions of this Section 9.139.2, nor any reference to this Section 9.13 9.2 throughout this Agreement, shall be deemed a waiver of any defenses which may be available in respect of actions or claims for fraud, including, but not limited to, including defenses of statutes of limitations or limitations of damages.

No Waiver Relating to Claims for Fraud. The liability of any party under ARTICLE 8 Article XI shall be in addition to, and not exclusive of any other liability that such party may have at law or equity based on such party's fraudulent acts or omissions. None of the provisions set forth in this Agreement Agreement, including but not limited to the provisions set forth in Section 11.6(a) (relating to Minimum Loss), 11.6(b) (relating to limitations on the period of time during which a claim for indemnification may be brought), or 11.6(c) (relating to recourse against escrowed funds), shall be deemed a waiver by any party to this Agreement of any right or remedy which such party may have at law or equity based on any other party's fraudulent acts or omissions, nor shall any such provisions limit, or be deemed to limit, (ai) the amounts of recovery sought or awarded in any such claim for fraud, (bii) the time period during which a claim for fraud may be brought, or (ciii) the recourse which any such party may seek against another party with respect to a claim for fraud; provided, that with respect to such rights and remedies at law or equity, the parties further acknowledge and agree that none of the provisions of this Section 9.1312.17, nor any reference to this Section 9.13 12.17 throughout this Agreement, shall be deemed a waiver of any defenses which may be available in respect of actions or claims for fraud, including, including but not limited to, defenses of statutes of limitations or limitations of damages.

No Waiver Relating to Claims for Fraud. The liability of any party under ARTICLE 8 shall Article Seven will be in addition to, and not exclusive of of, any other liability that such party may have at law or equity based on such party's fraudulent acts or omissions. None of the provisions set forth in this Agreement shall Agreement, including the provisions set forth in Article Seven, will be deemed a waiver by any party to this Agreement of any right or remedy which such party may have at law or equity based on any other party's fraudulent acts or omissions, nor shall will any such provisions limit, or be deemed to limit, (a) the amounts of recovery sought or awarded in any such claim for fraud, (b) the time period during which a claim for fraud may be brought, or (c) the recourse which any such party may seek against another party with respect to a claim for fraud; provided, that with respect to such rights and remedies at law or equity, the parties further acknowledge and agree that none of the provisions of this Section 9.138.03, nor any reference to this Section 9.13 8.03 throughout this Agreement, shall will be deemed a waiver of any defenses which may be available in respect of actions or claims for fraud, including, but not limited to, including defenses of statutes of limitations or limitations of damages.

No Waiver Relating to Claims for Fraud. The liability of any party under ARTICLE 8 Article 11 shall be in addition to, and not exclusive of any other liability that such party may have at law or equity based on such party's ’s fraudulent acts or omissions. None of the provisions set forth in this Agreement Agreement, including but not limited to the provisions set forth in Section 11.6(b) (relating to limitations on the period of time during which a claim for indemnification may be brought), shall be deemed a waiver by any party to this Agreement of any right or remedy which such party may have at law or equity based on any other party's ’s fraudulent acts or omissions, nor shall any such provisions limit, or be deemed to limit, (ai) the amounts of recovery sought or awarded in any such claim for fraud, (bii) the time period during which a claim for fraud may be brought, or (ciii) the recourse which any such party may seek against another party with respect to a claim for fraud; provided, that with respect to such rights and remedies at law or equity, the parties further acknowledge and agree that none of the provisions of this Section 9.1312.13, nor any reference to this Section 9.13 12.13 throughout this Agreement, shall be deemed a waiver of any defenses which may be available in respect of actions or claims for fraud, including, including but not limited to, defenses of statutes of limitations or limitations of damages.

No Waiver Relating to Claims for Fraud. The liability of any party under ARTICLE Article 8 shall be in addition to, and not exclusive of of, any other liability that such party may have at law or equity based on such party's fraudulent acts or omissions. None of the provisions set forth in this Agreement Agreement, including but not limited to the provisions set forth in Sections 8.6, shall be deemed a waiver by any party to this Agreement of any right or remedy which such party may have at law or equity based on any other party's fraudulent acts or omissions, nor shall any such provisions limit, or be deemed to limit, (a) the amounts of recovery sought or awarded in any such claim for fraud, fraud or (b) the time period during which a claim for fraud may be brought, or (c) the recourse which any such party may seek against another party with respect to a claim for fraud; provided, that with respect to such rights and remedies at law or equity, the parties further acknowledge and agree that none of the provisions of this Section 9.139.2, nor any reference to this Section 9.13 9.2 throughout this Agreement, shall be deemed a waiver of any defenses which may be available in respect of actions or claims for fraud, including, including but not limited to, defenses of statutes of limitations or limitations of damages. Notwithstanding the foregoing, except with respect to fraudulent acts or omissions committed by or with the Knowledge of either of the Former Stockholders or Xxxxxx Xxxx, any claim by Buyer for fraudulent acts or omissions must be made on or before June 30, 1999, and the liability of the Former Stockholders shall be limited in accordance with the first sentence of Section 8.6(e).

No Waiver Relating to Claims for Fraud. The liability of any party under ARTICLE Article 8 shall be in addition to, and not exclusive of of, any other liability that such party may have at law or equity based on such party's fraudulent acts or omissions. None of the provisions set forth in this Agreement Agreement, including but not limited to the provisions set forth in Section 8.5, shall be deemed a waiver by any party to this Agreement of any right or remedy which such party may have at law or equity based on any other party's fraudulent acts or omissions, nor shall any such provisions limit, or be deemed to limit, (a) the amounts of recovery sought or awarded in any such claim for fraud, (b) the time period during which a claim for fraud may be brought, or (c) the recourse which any such party may seek against another party with respect to a claim for fraud; provided, that with respect to such rights and remedies at law or equity, the parties further acknowledge and agree that none of the provisions of this Section 9.139.2, nor any reference to this Section 9.13 9.2 throughout this Agreement, shall be deemed a waiver of any defenses which may be available in respect of actions or claims for fraud, including, including but not limited to, defenses of statutes of limitations or limitations of damages.

No Waiver Relating to Claims for Fraud. The liability of any party under ARTICLE 8 Article 7 shall be in addition to, and not exclusive of of, any other liability that such party may have at law or equity based on such party's fraudulent acts or omissionsomissions which constitute fraud under Applicable Law. None of the provisions set forth in this Agreement Agreement, including but not limited to the provisions set forth in Sections 7.6 or 7.7, shall be deemed a waiver by any party to this Agreement of any right or remedy which such party may have at law or equity based on any other party's fraudulent acts or omissionsomissions which constitute fraud under Applicable Law, nor shall any such provisions limit, or be deemed to limit, (a) the amounts of recovery sought or awarded in any such claim for fraud, (b) the time period during which a claim for fraud may be brought, or (c) the recourse which any such party may seek against another party with respect to a claim for fraud; provided, that with respect to such rights and remedies at law or equity, the parties further acknowledge and agree that none of the provisions of this Section 9.138.2, nor any reference to this Section 9.13 8.2 throughout this Agreement, shall be deemed a waiver of any defenses which may be available in respect of actions or claims for fraud, including, including but not limited to, defenses of statutes of limitations or limitations of damages.

No Waiver Relating to Claims for Fraud. The liability of any party under ARTICLE 8 Article 11 shall be in addition to, and not exclusive of of, any other liability that such party may have at law or equity based on such party's fraudulent acts or omissions. None of the provisions set forth in this Agreement Agreement, including but not limited to the provisions set forth in Section 11.5(a) (relating to Minimum Loss), 11.5(b) (relating to De Minimis Losses), 11.5(c) (relating to the limitations on the period of time during which a claim for indemnification may be brought), 11.5(d) (relating to a cap on liability) or 11.5(e) (relating to recourse against escrow funds), shall be deemed a waiver by any party to this Agreement of any right or remedy which such party may have at law or equity based on any other party's fraudulent acts or omissions, nor shall any such provisions limit, or be deemed to limit, (ai) the amounts of recovery recoveries sought or awarded in any such claim for fraud, (bii) the time period during which a claim for fraud may be brought, or (ciii) the recourse which any such party may seek against another party with respect to a claim for fraud; provided, that with respect to such rights and remedies at law or equity, the parties further acknowledge and agree that none of the provisions of this Section 9.13, 13.16 nor any reference to this Section 9.13 13.16 throughout this Agreement, shall be deemed a waiver of any defenses which may be available in respect of actions or claims for fraud, including, including but not limited to, defenses of statutes of limitations or limitations of damages.

No Waiver Relating to Claims for Fraud. The liability of any party under ARTICLE 8 Article IX shall be in addition to, and not exclusive of of, any other liability that such party may have at law or equity based on such party's fraudulent acts or omissions. None of the provisions set forth in this Agreement Agreement, including but not limited to the provisions set forth in Article IX, shall be deemed a waiver by any party to this Agreement of any right or remedy which such party may have at law or equity based on any other party's fraudulent acts or omissions, nor shall XXXXX ENERGY PARTNERS, L.P. CONTRIBUTION AGREEMENT any such provisions limit, or be deemed to limit, limit (a) the amounts of recovery sought or awarded in any such claim for fraud, (b) the time period during which a claim for fraud may be brought, or (c) the recourse which any such party may seek against another party with respect to a claim for fraud; provided, however, that with respect to such rights and remedies at law or equity, the parties further acknowledge and agree that none of the provisions of this Section 9.1312.8, nor any reference to this Section 9.13 12.8 throughout this Agreement, shall be deemed a waiver of any defenses which may be available in respect of actions or claims for fraud, including, including but not limited to, defenses of statutes of limitations or limitations of damages.

No Waiver Relating to Claims for Fraud. The liability of any party -------------------------------------- under ARTICLE 8 Article 7 shall be in addition to, and not exclusive of of, any other liability that such party may have at law or equity based on such party's fraudulent acts or omissions. None of the provisions set forth in this Agreement Agreement, including but not limited to the provisions set forth in Section 7.5, ----------- shall be deemed a waiver by any party to this Agreement of any right or remedy which that such party may have at law or equity based on any other party's fraudulent acts or omissions, nor shall any such provisions limit, or be deemed to limit, (a) the amounts of recovery sought or awarded in any such claim for fraud, (b) the time period during which a claim for fraud may be brought, or (c) the recourse which any such party may seek against another party with respect to a claim for fraud; provided, that with respect to such rights and remedies at law or equity, the parties further acknowledge and agree that none of the provisions of this Section 9.138.2, nor any reference to this Section 9.13 8.2 throughout this ----------- ----------- Agreement, shall be deemed a waiver of any defenses which may be available in respect of actions or claims for fraud, including, including but not limited to, defenses of statutes of limitations or limitations of damages.

No Waiver Relating to Claims for Fraud. The liability of any party under ARTICLE 8 Article 11 shall be in addition to, and not exclusive of any other liability that such party may have at law or equity based on such party's fraudulent acts or omissions. None of the provisions set forth in this Agreement Agreement, including but not limited to the provisions set forth in Section 11.5(a) (relating to Minimum Loss), 11.5(c) (relating to limitations on the period of time during which a claim for indemnification may be brought), 11.5(d) (relating to recourse against escrowed funds), or 11.7 (relating to minimum claims), shall be deemed a waiver by any party to this Agreement of any right or remedy which such party may have at law or equity based on any other party's fraudulent acts or omissions, nor shall any such provisions limit, or be deemed to limit, (a) the amounts of recovery sought or awarded in any such claim for fraud, (b) the time period during which a claim for fraud may be brought, or (c) the recourse which any such party may seek against another party with respect to a claim for fraud; provided, that with respect to such rights and remedies at law or equity, the parties further acknowledge and agree that none of the provisions of this Section 9.1312.17, nor any reference to this Section 9.13 12.17 throughout this Agreement, shall be deemed a waiver of any defenses which may be available in respect of actions or claims for fraud, including, including but not limited to, defenses of statutes of limitations or limitations of damages.

No Waiver Relating to Claims for Fraud. The liability of any party under ARTICLE 8 Article VIII shall be in addition to, and not exclusive of any other liability that such party may have at law or equity based on such party's intentional misrepresentations or fraudulent acts or omissions. None of the provisions set forth in this Agreement Agreement, including, but not limited, to the provisions set forth in Sections 8.5(a) (relating to Minimum Loss), 8.5(b) (relating to limitations on the period of time during which a claim for indemnification may be brought), 8.5(c) (relating to liability caps) or 8.6 (relating to recourse against Escrowed Consideration), shall be deemed a waiver by any party to this Agreement of any right or remedy which such party may have at law or equity based on any other party's intentional misrepresentations or fraudulent acts or omissions, nor shall any such provisions limit, or be deemed to limit, (a) the amounts of recovery sought or awarded in any such claim for fraud, (b) the time period during which a claim for fraud may be brought, or (c) the recourse which any such party may seek against another party with respect to a claim for fraud; providedPROVIDED, that with respect to such rights and remedies at law or equity, the parties further acknowledge and agree that none of the provisions of this Section 9.139.12, nor any reference references to this Section 9.13 9.12 throughout this Agreement, shall be deemed a waiver of any defenses which may be available in respect of actions or claims for fraud, including, including but not limited to, defenses of statutes of limitations or limitations of damages.

No Waiver Relating to Claims for Fraud. The liability of any party under ARTICLE 8 Article IX shall be in addition to, and not exclusive of of, any other liability that such party may have at law or equity based on such party's ’s fraudulent acts or omissions. None of the provisions set forth in this Agreement Agreement, including but not limited to the provisions set forth in Article IX, shall be deemed a waiver by any party to this Agreement of any right or remedy which such party may have at law or equity based on any other party's ’s fraudulent acts or omissions, nor shall Hxxxx Energy Partners, L.P. Contribution Agreement 67 any such provisions limit, or be deemed to limit, limit (a) the amounts of recovery sought or awarded in any such claim for fraud, (b) the time period during which a claim for fraud may be brought, or (c) the recourse which any such party may seek against another party with respect to a claim for fraud; provided, however, that with respect to such rights and remedies at law or equity, the parties further acknowledge and agree that none of the provisions of this Section 9.1312.8, nor any reference to this Section 9.13 12.8 throughout this Agreement, shall be deemed a waiver of any defenses which may be available in respect of actions or claims for fraud, including, including but not limited to, defenses of statutes of limitations or limitations of damages.

No Waiver Relating to Claims for Fraud. The liability of any party under ARTICLE 8 this Article XI shall be in addition to, and not exclusive of of, any other liability that such party may have at law or equity based on such party's fraudulent acts or omissions. None of the provisions set forth in this Agreement Agreement, including but not limited to the provisions set forth in Sections 11.6, 11.7 or 11.8, shall be deemed a waiver by any party to this Agreement of any right or remedy which such party may have at law or equity based on any other party's fraudulent acts or omissions, nor shall any such provisions limit, or be deemed to limit, (a) the amounts of recovery sought or awarded in any such claim for fraud, (b) the time period during which a claim for fraud may be brought, or (c) the recourse which any such party may seek against another party with respect to a claim for fraud; provided, that with respect to such rights and remedies at law or equity, the parties further acknowledge and agree that none of the provisions of this Section 9.1312.2, nor any reference to this Section 9.13 12.2 throughout this Agreement, shall be deemed a waiver of any defenses which may be available in respect of actions or claims for fraud, including, including but not limited to, defenses of statutes of limitations or limitations of damages.

No Waiver Relating to Claims for Fraud. The liability of any party under ARTICLE 8 Article 9 shall be in addition to, and not exclusive of of, any other liability that such party may have at law or equity based on such party's fraudulent ’s acts or omissionsomissions which constitute fraud under Applicable Law. None of the provisions set forth in this Agreement Agreement, including but not limited to the provisions set forth in Sections 9.5, shall be deemed a waiver by any party to this Agreement of any right or remedy which such party may have at law or equity based on any other party's fraudulent ’s acts or omissionsomissions which constitute fraud under Applicable Law, nor shall any such provisions limit, or be deemed to limit, (a) the amounts of recovery sought or awarded in any such claim for fraud, (b) the time period during which a claim for fraud may be brought, or (c) the recourse which any such party may seek against another party with respect to a claim for fraud; provided, that with respect to such rights and remedies at law or equity, the parties further acknowledge and agree that none of the provisions of this Section 9.1310.2, nor any reference to this Section 9.13 10.2 throughout this Agreement, shall be deemed a waiver of any defenses which may be available in respect of actions or claims for fraud, including, including but not limited to, defenses of statutes of limitations or limitations of damages.

No Waiver Relating to Claims for Fraud. The liability of any party under ARTICLE 8 Article XI shall be in addition to, and not exclusive of any other liability that such party may have at law or equity based on such party's fraudulent acts or omissions. None of the provisions set forth in this Agreement Agreement, including but not limited to the provisions set forth in Section 11.6(a) (relating to Minimum Loss), 11.6(b) (relating to minimum claims), 11.6(c) (relating to limitations on the period of time during which a claim for indemnification may be brought), 11.7 (relating to recourse against escrowed funds), or 12.1 (relating to survival periods), shall be deemed a waiver by any party to this Agreement of any right or remedy which such party may have at law or equity based on any other party's fraudulent acts or omissions, nor shall any such provisions limit, or be deemed to limit, (ai) the amounts of recovery sought or awarded in any such claim for fraud, (bii) the time period during which a claim for fraud may be brought, or (ciii) the recourse which any such party may seek against another party with respect to a claim for fraud; provided, that with respect to such rights and remedies at law or equity, the parties further acknowledge and agree that none of the provisions of this Section 9.1312.17, nor any reference to this Section 9.13 12.17 throughout this Agreement, shall be deemed a waiver of any defenses which may be available in respect of actions or claims for fraud, including, including but not limited to, defenses of statutes of limitations or limitations of damages.

No Waiver Relating to Claims for Fraud. The liability of any party under ARTICLE 8 Article X shall be in addition to, and not exclusive of any other liability that such party may have at law or equity based on such party's fraudulent acts or omissionsomission. None of the provisions set forth in this Agreement Agreement, including but not limited to the provisions set forth in Sections 10.5(a) (relating to Minimum Loss), 10.5(b) (relating to minimum claims), 10.5(c) (relating to limitations on the period of time during which a claim for indemnification may be brought), 10.5(d) (relating to liability caps) or 10.6 (relating to recourse against escrowed funds), shall be deemed a waiver by any party to this Agreement of any right or remedy which such party may have at law or equity based on any other party's fraudulent acts or omissions, nor shall any such provisions limit, or be deemed to limit, (ai) the amounts of recovery sought or awarded in any such claim for fraud, (bii) the time period during which a claim for fraud may be brought, or (ciii) the recourse which any such party may seek against another party with respect to a claim for fraud; provided, that with respect to such rights and remedies at law or equity, the parties further acknowledge and agree that none of the provisions of this Section 9.1311.18, nor any reference references to this Section 9.13 11.18 throughout this Agreement, shall be deemed a waiver of any defenses which may be available in respect of actions or claims for fraud, including, including but not limited to, defenses of statutes of limitations or limitations of damages.

No Waiver Relating to Claims for Fraud. The liability of any party under ARTICLE 8 this Article XI shall be in addition to, and not exclusive of any other liability that such party may have at law or equity based on such party's fraudulent acts or omissions. None of the provisions set forth in this Agreement Agreement, including but not limited to the provisions set forth in Section 11.6(a), 11.6(b), or 11.6(c), shall be deemed a waiver by any party to this Agreement of any right or remedy which such party may have at law or equity based on any other party's fraudulent acts or omissions, nor shall any such provisions limit, or be deemed to limit, (a) the amounts of recovery sought or awarded in any such claim for fraud, (b) the time period during which a claim for fraud may be brought, or (c) the recourse which any such party may seek against another party with respect to a claim for fraud; provided, that with respect to such rights and remedies at law or equity, the parties further acknowledge and agree that none of the provisions of this Section 9.1311.8, nor any reference to this Section 9.13 11.8 throughout this Agreement, shall be deemed a waiver of any defenses which may be available in respect of actions or claims for fraud, including, including but not limited to, defenses of statutes of limitations or limitations of damages.

No Waiver Relating to Claims for Fraud. The liability of any party under ARTICLE 8 Article 11 shall be in addition to, and not exclusive of any other liability that such party may have at law or equity based on such party's fraudulent acts or omissions. None of the provisions set forth in this Agreement Agreement, including but not limited to the provisions set forth in SECTION 10.5 (relating to limitations on the period of time during which a claim for indemnification may be brought), shall be deemed a waiver by any party to this Agreement of any right or remedy which such party may have at law or equity based on any other party's fraudulent acts or omissions, nor shall any such provisions limit, or be deemed to limit, (ai) the amounts of recovery sought or awarded in any such claim for fraud, (bii) the time period during which a claim for fraud may be brought, or (ciii) the recourse which any such party may seek against another party with respect to a claim for fraud; provided, that with respect to such rights and remedies at law or equity, the parties further acknowledge and agree that none of the provisions of this Section 9.13SECTION 12.15, nor any reference to this Section 9.13 SECTION 12.15 throughout this Agreement, shall be deemed a waiver of any defenses which may be available in respect of actions or claims for fraud, including, including but not limited to, defenses of statutes of limitations or limitations of damages.

No Waiver Relating to Claims for Fraud. The liability of any party under ARTICLE 8 Article 11 shall be in addition to, and not exclusive of of, any other liability that such party may have at law or equity based on such party's fraudulent acts or omissions. None of the provisions set forth in this Agreement Agreement, including but not limited to the provisions set forth in Sections 11.5, shall be deemed a waiver by any party to this Agreement of any right or remedy which such party may have at law or equity based on any other party's fraudulent acts or omissions, nor shall any such provisions limit, or be deemed to limit, (a) the amounts of recovery sought or awarded in any such claim for fraud, (b) the time period during which a claim for fraud may be brought, or (c) the recourse which any such party may seek against another party with respect to a claim for fraud; provided, that with respect to such rights and remedies at law or equity, the parties further acknowledge and agree that none of the provisions of this Section 9.1312.2, nor any reference to this Section 9.13 12.2 throughout this Agreement, shall be deemed a waiver of any defenses which may be available in respect of actions or claims for fraud, including, including but not limited to, defenses of statutes of limitations or limitations of damages.

No Waiver Relating to Claims for Fraud. The liability of any party Person under ARTICLE 8 shall Section 11 will be in addition to, and not exclusive of of, any other liability that such party Person may have at law or in equity based on such party's fraudulent acts or omissionsPerson’s fraud. None Notwithstanding anything to the contrary contained in this Agreement, none of the provisions set forth in this Agreement Agreement, including the provisions set forth in Section 11, shall be deemed a waiver by any party to this Agreement of any right or remedy which such party may have at law or in equity based on any other party's fraudulent acts or omissionsPerson’s fraud, nor shall will any such provisions limit, or be deemed to limit, : (a) the amounts of recovery sought or awarded in any such claim for fraud, ; (b) subject to any applicable Legal Requirement, the time period during which a claim for fraud may be brought, ; or (c) the recourse which any such party may seek against another party Person with respect to a claim for such Person’s fraud; provided, however that (ii) no Indemnitor shall be liable for fraud or have liability for fraud by the Company, unless, in each case, such Indemnitor actually committed such fraud, or such fraud was committed with the actual knowledge of such Indemnitor (and with respect to fraud by the Company, such rights and remedies at law Indemnitor did not disclose such Company or equity, any other Seller fraud to Purchaser or any of its Affiliates prior to the parties further acknowledge and agree that none of the provisions of this Section 9.13, nor any reference to this Section 9.13 throughout this Agreement, shall be deemed a waiver of any defenses which may be available in respect of actions or claims for fraud, including, but not limited to, defenses of statutes of limitations or limitations of damages.date hereof). 12.4

No Waiver Relating to Claims for Fraud. The liability of any party under ARTICLE 8 Article 11 shall be in addition to, and not exclusive of any other liability that such party may have at law or equity based on arising from such party's fraudulent acts or omissionsacts. None of the provisions set forth in this Agreement Agreement, including but not limited to the provisions set forth in Section 11.6(a) (relating to Minimum Loss), 11.6(b)(relating to limitations on the period of time during which a claim for indemnification may be brought), or 11.6(c) (relating to recourse against escrowed funds), shall be deemed a waiver by any party to this Agreement of any right or remedy which such party may have at law or equity based on any other party's fraudulent acts or omissionsacts, nor shall any such provisions limit, or be deemed to limit, (a) the amounts of recovery sought or awarded in any such claim for fraud, (b) the time period during which a claim for fraud may be brought, or (c) the recourse which any such party may seek against another party with respect to a claim for fraud; provided, that with respect to such rights and remedies at law or equity, the parties further acknowledge and agree that none of the provisions of this Section 9.1312.19, nor any reference to this Section 9.13 12.19 throughout this Agreement, shall be deemed a waiver of any defenses which may be available in respect of actions or claims for fraud, including, including but not limited to, defenses of statutes of limitations or limitations of damages.

No Waiver Relating to Claims for Fraud. The liability Liability of any party Person under ARTICLE 8 shall Section 10 will be in addition to, and not exclusive of of, any other liability Liability that such party Person may have at law or in equity based on such party's Person’s fraudulent acts or omissions. None Notwithstanding anything to the contrary contained in this Agreement, none of the provisions set forth in this Agreement Agreement, including the provisions set forth in Section 10, shall be deemed a waiver by any party to this Agreement of any right or remedy which such party may have at law or in equity based on any other party's Person’s fraudulent acts or omissions, nor shall will any such provisions limit, or be deemed to limit, : (a) the amounts of recovery sought or awarded in any such claim for fraud, fraud against such other Person; (b) the time period during which a claim for fraud may be brought, brought against such other Person; or (c) the recourse which any such party may seek against another party such other Person with respect to a claim for fraud; provided. Portions of this Exhibit, that indicated by the xxxx “[***],” were omitted and have been filed separately with respect the Securities and Exchange Commission pursuant to such rights and remedies at law or equity, the parties further acknowledge and agree that none Registrant’s application requesting confidential treatment pursuant to Rule 24b-2 of the provisions Securities Exchange Act of this Section 9.131934, nor any reference to this Section 9.13 throughout this Agreement, shall be deemed a waiver of any defenses which may be available in respect of actions or claims for fraud, including, but not limited to, defenses of statutes of limitations or limitations of damagesas amended.

No Waiver Relating to Claims for Fraud. The liability of any party hereto under ARTICLE 8 shall Article VIII will be in addition to, and not exclusive of of, any other liability that such party may have at law or equity based on the fraud of such party's fraudulent acts or omissionsPerson. None of the provisions set forth in this Agreement shall Agreement, except for Section 8.2(b)(vi) (as limited by Section 8.2(b)(vii)), will be deemed a waiver by any party hereto to this Agreement of any right or remedy which that such party may have at law or equity based on any other party's fraudulent acts or omissionswith respect to a claim for fraud, nor shall will any such provisions limit, or be deemed to limit, (a) the amounts of recovery sought or awarded in any such claim for fraud, (b) the time period during which a claim for fraud may be brought, or (c) the recourse which that any such party may seek against another party with respect to a claim for fraud; provided, that with respect to such rights and remedies at law or equity, the parties hereto further acknowledge and agree that none of the provisions of this Section 9.139.9, nor any reference to this Section 9.13 9.9 throughout this Agreement, shall will be deemed a waiver of any defenses which that may be available in respect of actions or claims for fraud, including, but not limited to, including defenses of statutes of limitations or limitations of damages.

No Waiver Relating to Claims for Fraud. The liability of any party under ARTICLE 8 Article XI shall be in addition to, and not exclusive of of, any other liability that such party may have at law or equity based on such party's fraudulent acts or omissions. None of the provisions set forth in this Agreement Agreement, including the provisions set forth in Section 11.6 or Section 11.7, shall be deemed a waiver by any party to this Agreement of any right or remedy which that such party may have at law or equity based on any other party's fraudulent acts or omissions, nor shall any such provisions limit, or be deemed to limit, limit (ai) the amounts of recovery sought or awarded in any such claim for fraud, (bii) the time period during which a claim for fraud may be brought, or (ciii) the recourse which that any such party may seek against another party with respect to a claim for fraud; provided, that with respect to such rights and remedies at law or equity, the parties further acknowledge and agree that none of the provisions of this Section 9.1312.17, nor any reference to this Section 9.13 12.17 throughout this Agreement, shall be deemed a waiver of any defenses which that may be available in respect of actions or claims for fraud, including, including but not limited to, defenses of statutes of limitations or limitations of damages. The prevailing party in any cause of action brought by a party seeking remedies at law or equity based upon a party's fraudulent acts or omissions shall be entitled to recover from the non-prevailing party all attorney's fees and expenses incurred by the prevailing party in connection with such cause of action.