Common use of Remedies Exclusive Clause in Contracts

Remedies Exclusive. Except in cases of common law fraud or as otherwise specifically provided herein (including Section 10.9), the remedies provided in Article VIII and this Article X shall be the exclusive monetary remedies (including equitable remedies that involve monetary payment, such as restitution or disgorgement, other than specific performance to enforce any payment or performance due hereunder) of the 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.

Remedies Exclusive. Except in cases of common law fraud or as otherwise specifically provided herein (including Section Sections 6.17, 6.18, 6.19 and 10.9), the remedies provided in Article VIII and this Article X shall be the exclusive monetary remedies (including equitable remedies that involve monetary payment, such as restitution or disgorgement, other than specific performance to enforce any payment or performance due hereunder) of the 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.

Remedies Exclusive. Except in cases of common law intentional misrepresentation or fraud or as otherwise specifically provided herein (including Section 10.9)herein, the remedies provided in Article VIII and this Article X IX shall be the exclusive monetary remedies (including equitable remedies that involve monetary payment, such as restitution or disgorgement, other than specific performance to enforce any payment or performance due hereunder) of the Parties parties from and after the Closing in connection with any breach of a representation or warranty, any failure or non-performance, partial or total, breach of any covenant covenant, obligation, condition or agreement contained hereinto be performed or fulfilled and any of the Special Obligations.

Remedies Exclusive. Except in cases of common law intentional misrepresentation or fraud or as otherwise specifically provided herein (including Section 10.9)herein, the remedies provided in Article VIII VII and this Article X VIII shall be the exclusive monetary remedies (including equitable remedies that involve monetary payment, such as restitution or disgorgement, other than specific performance to enforce any payment or performance due hereunder) of the Parties parties from and after the Closing in connection with any breach of a representation or warranty, warranty or non-performance, partial any failure or total, breach of any covenant covenant, obligation, condition or agreement contained hereinto be performed or fulfilled.

Remedies Exclusive. Except in cases of common law fraud or as otherwise specifically provided herein (including Section 10.9)herein, and except in the case of fraud with respect to the representations and warranties contained in this Agreement, the remedies provided in Article VIII and this Article X shall be the exclusive monetary remedies (including equitable remedies that involve monetary payment, such as restitution or disgorgement, other than but excluding specific performance to enforce any payment or performance due hereunder) of the 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.

Remedies Exclusive. Except in cases of common law fraud or as otherwise specifically provided herein (including Section 10.9)herein, the remedies provided in Article VIII and or this Article X shall be the exclusive monetary remedies (including equitable remedies that involve monetary payment, such as restitution or disgorgement, other than specific performance performance, to enforce any payment or performance due hereunder) of the Parties 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.

Remedies Exclusive. Except in cases of common law fraud fraud, intentional misrepresentation, willful misconduct or as otherwise specifically provided herein (including Section 10.9)herein, the remedies provided in Article VIII and this Article X XIII shall be the exclusive monetary remedies (including equitable remedies that involve monetary payment, such as restitution or disgorgement, other than specific performance to enforce any payment or performance due hereunder) of the Parties 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.

Remedies Exclusive. Except in cases of common law fraud or as otherwise specifically provided herein (including Section 10.910.9 hereof), the remedies provided in Article VIII and this Article X shall be the exclusive monetary remedies (including equitable remedies that involve monetary payment, such as restitution or disgorgement, other than specific performance to enforce any payment or performance due hereunder) of the Parties 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.

Remedies Exclusive. Except in cases of common law fraud or as otherwise specifically provided herein (including Section 10.9)fraud, the remedies provided in Article VIII and this Article X Section 13 shall be the exclusive monetary remedies (including equitable remedies that involve monetary payment, such as restitution or disgorgement, other than specific performance to enforce any payment or performance due hereunder) of the Parties 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.

Remedies Exclusive. Except in cases of common law fraud or as otherwise specifically provided herein (including Section 10.9)herein, the remedies provided in Article VIII and this Article X 9 shall be the exclusive monetary remedies (including equitable remedies that involve monetary payment, such as restitution or disgorgement, other than specific performance to enforce any payment or performance due hereunder) of the 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 hereinin this Agreement.