Nothing in Section 8. 1 shall limit any liability for (or remedy in respect of) fraud or fraudulent misrepresentation.
Nothing in Section 8. 9.5 prescribing the amount to be paid to DB Contractor in the event that DB Contractor and TxDOT fail to agree upon the whole amount to be paid to DB Contractor by reason of the termination of Work pursuant to Section 8.9.1 shall be deemed to limit, restrict, or otherwise determine or affect the amount or amounts that may be agreed upon to be paid to DB Contractor pursuant to this Section 8.9.4. TxDOT’s execution and delivery of any settlement agreement shall not affect any of its rights under the Contract Documents with respect to completed Work, relieve DB Contractor from its obligations with respect thereto (including Warranties) or affect DB Contractor’s obligations under any of the Performance Bond, Payment Bond, Warranty Bond and Guaranty as to such completed or non-terminated Work.
Nothing in Section 8. 03(a) hereof shall restrict the requirement that the Breaching Party either satisfy or obtain a waiver of all conditions precedent set forth in Sections 6.01 or 6.02 hereof, as the case may be, in order to cause the Purchaser or the Seller, as the case may be, to be obligated to consummate the transactions contemplated hereby.
Nothing in Section 8. 1.1 above shall be deemed to prohibit or restrict the Seller, directly or indirectly, from acquiring and thereafter owning at any time after the Closing Date, any entity which for periods immediately prior to such acquisition directly or indirectly derives less than ten (10%) percent of its revenues from a business or businesses that are the same or similar to the Business.
Nothing in Section 8. 2.1 shall be construed as limiting the Lender's recourse against the Borrower under this Agreement or any other Credit Document.
Nothing in Section 8. 5.5 shall prevent the Shareholders from using or disclosing any such Confidential Information as counsel to the Shareholders advises must be used or disclosed in connection with ongoing litigation or pursuant to applicable law or in the course of a defense of a claim assumed by Xxxxx as an Indemnity Obligor pursuant to Section 9.4, notice of which disclosure shall be promptly delivered to Buyer.
