Common use of Remedies Exclusive Clause in Contracts

Remedies Exclusive. Except as otherwise specifically provided herein or in the case of fraud or willful misconduct, the remedies provided in this Article XIII shall be the exclusive remedies of the parties hereto from and after the Closing in connection with any breach of a representation or warranty, or non-performance, partial or total, of any covenant or agreement contained herein except as to Taxes, as to which the provisions of Article X shall control exclusively.

Remedies Exclusive. Except as otherwise specifically provided herein or in the case of fraud or willful misconduct, the remedies provided in this Article XIII XVII shall be the exclusive remedies of the parties hereto from and after the Closing in connection with any breach of a representation or warranty, or non-performance, partial or total, of any covenant or agreement contained herein except as to Taxes, as to which the provisions of Article X XIV shall control exclusivelycontrol.

Remedies Exclusive. Except as otherwise specifically provided herein herein, or in the case of fraud or willful misconduct, the remedies provided in this Article XIII VIII shall be the exclusive remedies of the parties hereto from and after the Closing in connection with any breach of a representation or warranty, or non-performance, partial or total, of any covenant or agreement contained herein except as to Taxes, as to which the provisions of Article X Section 6.8 shall control exclusively.

Remedies Exclusive. Except as otherwise specifically provided herein or in the case of fraud or willful misconductfraud, the remedies provided in this Article XIII XII shall be the exclusive remedies of the parties hereto under this Agreement from and after the Closing Closing, including in connection with any breach of a representation or warranty, or non-performance, partial or total, of any covenant or agreement contained herein herein, except as with respect to Taxes, as to which the provisions of Article X IX shall control exclusively and except as to calculation and final determination of the Final Closing Statement, as to which Section 3.4 shall control exclusively.

Remedies Exclusive. Except as otherwise specifically provided herein or in the case of fraud or willful misconductSection 2.4, Section 8.6, Section 8.7 and Article IX, the remedies provided in this Article XIII XII shall be the exclusive remedies of the parties hereto (except with respect to claims for actual fraud) from and after the Closing in connection with any breach of a representation or warranty, or non-performance, partial or total, of any covenant or agreement contained herein except herein. The provisions of this Article XII shall apply to claims for indemnification asserted as between the parties hereto as well as to Taxes, as to which the provisions of Article X shall control exclusivelythird-party claims.

Remedies Exclusive. Except as otherwise specifically provided herein in this Agreement or in the case of fraud or willful misconduct, the remedies provided in this Article XIII shall be the exclusive remedies of the parties hereto from and after the Closing in connection with any breach of a representation or warranty, or non-performance, partial or total, of any covenant or agreement contained herein except as to Taxes, as to which the provisions of Article X shall control exclusively.

Remedies Exclusive. Except as otherwise specifically provided herein or in the case of fraud or willful misconduct, the remedies provided in this Article XIII XVII shall be the exclusive remedies of the parties hereto from and after the Closing in connection with any breach of a representation or warranty, or non-non- performance, partial or total, of any covenant or agreement contained herein except as to Taxes, as to which the provisions of Article X XIV shall control exclusivelycontrol.

Remedies Exclusive. Except as otherwise specifically provided herein in this Agreement or in the case of fraud or willful misconduct, the remedies provided in this Article ARTICLE XIII shall be the exclusive remedies of the parties hereto from and after the Closing in connection with any breach of a representation or warranty, or non-performance, partial or total, of any covenant or agreement contained herein except as to Taxes, as to which the provisions of Article ARTICLE X shall control exclusively.

Remedies Exclusive. Except as otherwise specifically provided herein or in the case event of fraud fraud, or willful misconductintentional misrepresentation, the remedies provided in this Article XIII XII shall be the exclusive remedies of the parties hereto from and after the Closing in connection with any breach of a representation or warranty, or non-performance, partial or total, of any covenant or agreement contained herein except herein. The provisions of this Article XII shall apply to claims for indemnification asserted as between the parties hereto as well as to Taxes, as to which the provisions of Article X shall control exclusivelythird-party claims.

Remedies Exclusive. Except as otherwise specifically provided herein or in the case of fraud or willful misconduct, the remedies provided in this Article ARTICLE XIII shall be the exclusive remedies of the parties hereto from and after the Closing in connection with any breach of a representation or warranty, or non-performance, partial or total, of any covenant or agreement contained herein except as to Taxes, as to which the provisions of Article ARTICLE X shall control exclusively.

Remedies Exclusive. Except as otherwise specifically provided herein or in the case of fraud fraud, intentional misconduct or willful misconductbreach, the remedies provided in this Article XIII XII shall be the exclusive remedies of the parties hereto Parties from and after the Closing in connection with any breach of a representation or warranty, or non-performance, partial or total, of any covenant or agreement contained herein except as to Taxesherein; provided that for the avoidance of doubt the foregoing shall not prevent a party from obtaining specific performance, as to which the provisions of Article X shall control exclusivelyinjunctive relief or any other available non-monetary equitable remedy.