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 7 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 acts or omissions which constitute fraud under Applicable Law. None of the provisions set forth in this 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 acts or omissions 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 8.2, nor any reference to this Section 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 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 this Article 7 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 which constitute fraud under Applicable Lawomissions. None of the provisions set forth in this Agreement, including but not limited to the provisions set forth in Sections 7.6 11.6, 11.7 or 7.711.8, 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 which constitute fraud under Applicable Lawomissions, 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 8.212.2, nor any reference to this Section 8.2 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 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 7 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 ’s fraudulent acts or omissions which constitute fraud under Applicable Lawomissions. None of the provisions set forth in this Agreement, including but not limited to the provisions set forth in Sections 7.6 or 7.7Section 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 which constitute fraud under Applicable Lawomissions, 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 8.212.13, nor any reference to this Section 8.2 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 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 7 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 which constitute fraud under Applicable Lawomissions. None of the provisions set forth in this Agreement, including but not limited to the provisions set forth in Sections 7.6 or 7.711.5, 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 which constitute fraud under Applicable Lawomissions, 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 8.212.2, nor any reference to this Section 8.2 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 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 7 IX 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 which constitute fraud under Applicable Lawomissions. None of the provisions set forth in this Agreement, including but not limited to the provisions set forth in Sections 7.6 or 7.7Article 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 which constitute fraud under Applicable Lawomissions, nor shall 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 8.212.8, nor any reference to this Section 8.2 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.

No Waiver Relating to Claims for Fraud. The liability of any party under Article 7 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 which constitute fraud under Applicable Lawomissions. None of the provisions set forth in this Agreement, including but not limited to the provisions set forth in Sections 7.6 Section 11.6 or 7.7Section 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 which constitute fraud under Applicable Lawomissions, 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 8.212.17, nor any reference to this Section 8.2 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 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.

No Waiver Relating to Claims for Fraud. The liability of any party under Article 7 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 which constitute fraud under Applicable Lawomissions. None of the provisions set forth in this Agreement, including but not limited to the provisions set forth in Sections 7.6 or 7.7SECTION 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 which constitute fraud under Applicable Lawomissions, 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 8.2SECTION 12.15, nor any reference to this Section 8.2 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 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 7 IX 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 which constitute fraud under Applicable Lawomissions. None of the provisions set forth in this Agreement, including but not limited to the provisions set forth in Sections 7.6 or 7.7Article 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 which constitute fraud under Applicable Lawomissions, 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 8.212.8, nor any reference to this Section 8.2 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.

No Waiver Relating to Claims for Fraud. The liability of any party under Article 7 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 which constitute fraud under Applicable Lawomissions. None of the provisions set forth in this Agreement, including but not limited to the provisions set forth in Sections 7.6 or 7.7Section 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 which constitute fraud under Applicable Lawomissions, 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 8.29.2, nor any reference to this Section 8.2 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, defenses of statutes of limitations or limitations of damages.

No Waiver Relating to Claims for Fraud. The liability of any party under this Article 7 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 which constitute fraud under Applicable Lawomissions. None of the provisions set forth in this Agreement, including but not limited to the provisions set forth in Sections 7.6 Section 11.6(a), 11.6(b), or 7.711.6(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 which constitute fraud under Applicable Lawomissions, 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 8.211.8, nor any reference to this Section 8.2 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 but not limited to, defenses of statutes of limitations or limitations of damages.