Common use of Remedies; Exclusive Remedy Clause in Contracts

Remedies; Exclusive Remedy. Except in the case of fraud and as otherwise provided in Section 10.8, the rights and remedies under this Article IX are exclusive and in lieu of any and all other rights and remedies that the Contributor Indemnified Parties may have against SEP or that the SEP Indemnified Parties may have against SE Corp under this Agreement or otherwise with respect to the Companies, the Conveyed Interests or any breach of any representation or warranty or any failure to perform any covenant or agreement set forth in this Agreement. Each of the Parties expressly waives any and all other rights, remedies and causes of action it or its Affiliates may have against the other Party and its respective Affiliates, now or in the future under any Law with respect to the Transactions. The remedies expressly provided in this Agreement shall constitute the sole and exclusive basis for and means of recourse between the Parties with respect to the Transactions.

Remedies; Exclusive Remedy. Except in the case of fraud and as otherwise provided in Section 10.811.9, the rights and remedies under this Article IX X are exclusive and in lieu of any and all other rights and remedies that the Contributor Indemnified Parties may have against SEP or that the SEP Indemnified Parties may have against SE Corp Contributor under this Agreement or otherwise with respect to the Companies, the Conveyed Contributed Interests or any breach of any representation or warranty or any failure to perform any covenant or agreement set forth in this Agreement. Each of the Parties expressly waives any and all other rights, remedies and causes of action it or its Affiliates may have against the other Party and its respective Affiliates, now or in the future under any Law with respect to the Transactions. The remedies expressly provided in this Agreement shall constitute the sole and exclusive basis for and means of recourse between the Parties with respect to the Transactions.