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 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, 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), or the carve-out of Section 3.1(f)(vi) from the definition of Buyer Indemnified Company Costs, 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, (i) the amounts of recoveries sought or awarded in any such claim for fraud, (ii) the time period during which a claim for fraud may be brought, or (iii) the recourse which any 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 13.16 nor any reference to this Section 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 but not limited to, defenses of statutes of limitations or limitations of damages. 81

No Waiver Relating to Claims for Fraud. The liability of any party under Article 11 X 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 intentional misrepresentations or fraudulent acts or omissions. None of the provisions set forth in this Agreement, including including, but not limited to to, the provisions set forth in Section 11.5(aSections 10.5(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(dor 10.5(b) (relating to a cap on liability) or 11.5(e) (relating to recourse against escrow fundsliability caps), or the carve-out of Section 3.1(f)(vi) from the definition of Buyer Indemnified Company Costs, 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 intentional misrepresentations or fraudulent acts or omissions, nor shall any such provisions limit, or be deemed to limit, (ia) the amounts of recoveries recovery sought or awarded in any such claim for fraud, (iib) the time period during which a claim for fraud may be brought, or (iiic) 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 13.16 12.8, nor any reference references to this Section 13.16 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 but not limited to, defenses of statutes of limitations or limitations of damages. 81.

No Waiver Relating to Claims for Fraud. The liability of any party Party under Article 11 shall ARTICLE VIII will be in addition to, and not exclusive of, any other liability that such party Party may have at law or equity based on such partyParty’s fraudulent acts or omissionsomissions or intentional or knowing misrepresentation. None of the provisions set forth in this Agreement, including but not limited to the provisions set forth in Section 11.5(a) (relating to Minimum Loss)9.1 and ARTICLE VIII, 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), or the carve-out of Section 3.1(f)(vi) from the definition of Buyer Indemnified Company Costs, shall will 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 omissionsomissions or intentional or knowing misrepresentation, nor shall will any such provisions limit, or be deemed to limit, (ia) the amounts of recoveries recovery sought or awarded in any such claim for fraud, fraud or intentional or knowing misrepresentation; (iib) the time period during which a claim for fraud or intentional or knowing misrepresentation may be brought, or (iiic) the recourse which any party such Party may seek against another party Party with respect to a claim for fraudfraud or intentional or knowing misrepresentation; 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 13.16 9.3, nor any reference to this Section 13.16 9.3 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, defenses of statutes of limitations or limitations of damages. 81.

No Waiver Relating to Claims for Fraud. The liability of any party under Article 11 shall ARTICLE X will 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 omissionsomissions or intentional misrepresentation. None of the provisions set forth in this Agreement, including but not limited to the provisions set forth in Section 11.5(a) (relating to Minimum Loss)ARTICLE X, 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), or the carve-out of Section 3.1(f)(vi) from the definition of Buyer Indemnified Company Costs, shall 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 omissionsomissions or intentional misrepresentation, nor shall will any such provisions limit, or be deemed to limit, (ia) the amounts of recoveries recovery sought or awarded in any such claim for fraud, (ii) the time period during which a claim for fraud may be brought, or intentional misrepresentation; or (iiib) the recourse which any such party may seek against another party with respect to a claim for fraudfraud or intentional misrepresentation; 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 13.16 12.2, nor any reference to this Section 13.16 12.2 throughout this Agreement, shall will be deemed a waiver of any defenses which may be available in respect of actions or claims for fraudfraud or intentional misrepresentation, including but not limited to, defenses of statutes of limitations or limitations of damages. 81.

No Waiver Relating to Claims for Fraud. The liability of any party under 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, 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), or the carve-out of Section 3.1(f)(vi) from the definition of Buyer Indemnified Company Costs, shall Agreement 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, intentional misrepresentation or willful breach, nor shall will any such provisions limit, or be deemed to limit, limit (ia) the amounts of recoveries recovery sought or awarded in any such claim for fraud, intentional misrepresentation or willful breach; (iib) the time period during which a claim for fraud fraud, intentional misrepresentation or willful breach may be brought, subject in any event to any statute of limitations; or (iiic) the recourse which any such party may seek against another party with respect to a claim for fraud, intentional misrepresentation or willful breach; 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 13.16 11.2 nor any reference to this Section 13.16 11.2 throughout this Agreement, shall will be deemed a waiver of any defenses which may be available in respect of actions or claims for fraud, intentional misrepresentation or willful breach, including but not limited to, defenses of statutes of limitations or limitations of damages. 81limitations.

No Waiver Relating to Claims for Fraud. The liability of any party under Article 11 shall ARTICLE XIII will 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 omissionsomissions or intention to deceive. None of the provisions set forth in this Agreement, including but not limited to the provisions set forth in Section 11.5(a) (relating to Minimum Loss)ARTICLE XIII, 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), or the carve-out of Section 3.1(f)(vi) from the definition of Buyer Indemnified Company Costs, shall 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 omissionsomissions or intention to deceive, nor shall will any such provisions limit, or be deemed to limit, (ia) the amounts of recoveries recovery sought or awarded in any such claim for fraud, fraud or intention to deceive; (iib) the time period during which a claim for fraud fraud, intention to deceive or willful misconduct may be brought, ; or (iiic) the recourse which any such party may seek against another party with respect to a claim for fraudfraud or intention to deceive; 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 13.16 15.3, nor any reference to this Section 13.16 15.3 throughout this Agreement, shall will be deemed a waiver of any defenses which may be available in respect of actions or claims for fraudfraud or intention to deceive, including but not limited to, defenses of statutes of limitations or limitations of damages. 81.

No Waiver Relating to Claims for Fraud. The liability of any party under Article 11 X 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 intentional misrepresentations or fraudulent acts or omissions. None of the provisions set forth in this Agreement, including including, but not limited to to, the provisions set forth in Section 11.5(aSections 10.5(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(dor 10.5(b) (relating to a cap on liability) or 11.5(e) (relating to recourse against escrow fundsliability caps), or the carve-out of Section 3.1(f)(vi) from the definition of Buyer Indemnified Company Costs, 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 intentional misrepresentations or fraudulent acts -45- 51 or omissions, nor shall any such provisions limit, or be deemed to limit, (ia) the amounts of recoveries recovery sought or awarded in any such claim for fraud, (iib) the time period during which a claim for fraud may be brought, or (iiic) 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 13.16 12.8, nor any reference references to this Section 13.16 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 but not limited to, defenses of statutes of limitations or limitations of damages. 81.

No Waiver Relating to Claims for Fraud. The liability of any party under Article 11 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 's fraudulent acts or omissions. None of the provisions set forth in this Agreement, including but not limited to the provisions set forth in Section 11.5(a11.6(a) (relating to Minimum Loss), 11.5(b11.6(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(e11.6(c) (relating to recourse against escrow escrowed funds), or the carve-out of Section 3.1(f)(vi) from the definition of Buyer Indemnified Company Costs, 12.15 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, (i) the amounts of recoveries recovery sought or awarded in any such claim for fraud, (ii) the time period during which a claim for fraud may be brought, or (iii) 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 13.16 12.17, nor any reference to this Section 13.16 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 but not limited to, defenses of statutes of limitations or limitations of damages. 81.

No Waiver Relating to Claims for Fraud. The liability of any party under Article 11 shall ARTICLE X will 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 omissionsomissions or intentional misrepresentation. None of the provisions set forth in this Agreement, including but not limited to the provisions set forth in Section 11.5(a) (relating to Minimum Loss)ARTICLE X, 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), or the carve-out of Section 3.1(f)(vi) from the definition of Buyer Indemnified Company Costs, shall 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 omissionsomissions or intentional misrepresentation, nor shall will any such provisions limit, or be deemed to limit, (ia) the amounts of recoveries recovery sought or awarded in any such claim for fraud, (ii) the time period during which a claim for fraud may be brought, or intentional misrepresentation; or (iiib) the recourse which any such party may seek against another party with respect to a claim for fraudfraud or intentional misrepresentation; 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 13.16 11.2, nor any reference to this Section 13.16 11.2 throughout this Agreement, shall will be deemed a waiver of any defenses which may be available in respect of actions or claims for fraudfraud or intentional misrepresentation, including but not limited to, defenses of statutes of limitations or limitations of damages. 81.

No Waiver Relating to Claims for Fraud. The liability of any party under 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, 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), or the carve-out of Section 3.1(f)(vi) from the definition of Buyer Indemnified Company Costs, shall Acquisition Agreement will be deemed a waiver by any party to this Acquisition 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, intentional misrepresentation or willful breach, nor shall will any such provisions limit, or be deemed to limit, limit (ia) the amounts of recoveries recovery sought or awarded in any such claim for fraud, intentional misrepresentation or willful breach; (iib) the time period during which a claim for fraud fraud, intentional misrepresentation or willful breach may be brought, subject in any event to any statute of limitations; or (iiic) the recourse which any such party may seek against another party with respect to a claim for fraud, intentional misrepresentation or willful breach; 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 13.16 10.2 nor any reference to this Section 13.16 10.2 throughout this Acquisition Agreement, shall will be deemed a waiver of any defenses which may be available in respect of actions or claims for fraud, intentional misrepresentation or willful breach, including but not limited to, defenses of statutes of limitations or limitations of damages. 81limitations.