Remedies Exclusive. The remedies provided in this Article shall be the sole and exclusive remedies of the Seller and Buyer, respectively, after the Closing for monetary damages in connection with the transactions contemplated by this Agreement including, without limitation, any breach or non-performance of any representation, warranty, covenant or agreement contained herein. Buyer or Seller may not commence any suit, action or proceeding against the other with respect to the subject matter of this Agreement, whether in contract, tort or otherwise, except to enforce the express rights under this Article.
Appears in 5 contracts
Samples: Asset Purchase Agreement (Eco Science Solutions, Inc.), Asset Purchase Agreement (Separation Degrees - One, Inc.), Asset Purchase Agreement (Separation Degrees - One, Inc.)
Remedies Exclusive. The remedies provided in this Article shall be the sole and exclusive remedies of the Seller and BuyerBuyers, respectively, after the Closing for monetary damages in connection with the transactions contemplated by this Agreement including, without limitation, any breach or non-performance of any representation, warranty, covenant or agreement contained herein. Buyer Buyers or Seller may not commence any suit, action or proceeding against the other with respect to the subject matter of this Agreement, whether in contract, tort or otherwise, except to enforce the express rights under this Article.
Appears in 2 contracts
Samples: Asset Acquisition Agreement (Dynastar Holdings, Inc.), Asset Purchase Agreement (Live Event Media, Inc.)
Remedies Exclusive. The Except in instances of fraud or intentional misconduct or misrepresentation, the remedies provided in this Article shall be the sole and exclusive remedies of the Seller and Buyer, respectively, after the Closing for monetary damages in connection with the transactions contemplated by this Agreement including, without limitation, any breach or non-performance of any representation, warranty, covenant or agreement contained herein. Buyer or Seller may not commence any suit, action or proceeding against the other with respect to the subject matter of this Agreement, whether in contract, tort or otherwise, except to enforce the express rights under this Article.
Appears in 1 contract