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, 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 time period during which a claim for fraud may be brought, or (b) 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 9.2, nor any reference to this Section 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.

Appears in 1 contract

Samples: Stock Purchase Agreement (Lsf3 Capital Investments I LLC)

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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 ’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 8.5, 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 ’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 (bc) 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 9.29.13, nor any reference to this Section 9.2 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 including, but not limited to, defenses of statutes of limitations or limitations of damages.

Appears in 1 contract

Samples: Asset Purchase Agreement (Coinstar Inc)

No Waiver Relating to Claims for Fraud. The liability of any party Party under this Article 8 X shall be in addition to, and not exclusive of, of any other liability that such party 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 8.5, Agreement shall be deemed a waiver by any party Party to this Agreement of any right or remedy which such party may have at law or equity based on any other party's 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; (ii) the time period during which a claim for fraud may be brought, ; or (biii) 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 9.2, nor any reference to this Section 9.2 throughout this Agreement, 10.06 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.

Appears in 1 contract

Samples: Purchase Agreement (Nexsan Corp)

No Waiver Relating to Claims for Fraud. The liability of any party under Article 8 this paragraph 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, including but not limited to the provisions set forth in Section 8.5, 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, limit (ai) the amounts of recovery sought or awarded in any such claim for fraud; (ii) the time period during which a claim for fraud may be brought, ; or (biii) 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 9.2, nor any reference to this Section 9.2 throughout this Agreement, paragraph 8 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.

Appears in 1 contract

Samples: Asset Purchase Agreement (Unico Inc /Az/)

No Waiver Relating to Claims for Fraud. The liability of any party -------------------------------------- under Article 8 VIII 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, including but not limited to the provisions set forth in Section 8.5, 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, the time period during which a claim for fraud may be brought, or (b) 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 9.29.15, nor any reference to this Section 9.2 9.15 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.

Appears in 1 contract

Samples: Contribution Agreement (Muzak Holdings Finance Corp)

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No Waiver Relating to Claims for Fraud. The liability of any party under Article 8 12 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, including but not limited to the provisions set forth in Section 8.512.1.3 (relating to limitations on the period of time during which a claim for indemnification may be brought), or 12.1.4 (relating to recourse against the Held Back Amount), 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, (ii) the time period during which a claim for fraud may be brought, or (biii) 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 9.2, 13.14 nor any reference to this Section 9.2 13.14 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.

Appears in 1 contract

Samples: Asset Purchase Agreement (Video City Inc)

No Waiver Relating to Claims for Fraud. The liability of any party under Article 8 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 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 8.5Sections 10.5(a) (relating to limitations on the period of time during which a claim for indemnification may be brought), or 10.5(b) (relating to liability caps), 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 (bc) 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 9.212.8, nor any reference references to this Section 9.2 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.deemed

Appears in 1 contract

Samples: Agreement and Plan of Merger (First Sierra Financial Inc)

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