Representations and Remedies. TRANSYSTEMS makes no representations, covenants, warranties or guarantees, express or implied, other than those expressly set forth herein. IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE SPECIFICALLY EXCLUDED. The parties' rights, liabilities, responsibilities and remedies with respect to the Services, whether in contract or otherwise, shall be exclusively those expressly set forth in this Agreement.
Representations and Remedies. Each Party makes no representations, covenants, warranties, or guarantees, express or implied, other than those expressly set forth herein and in the Exhibits hereto.
Representations and Remedies. Each of the parties acknowledge that: (i) Shareholder is deriving substantial economic benefit from his sale of all of his equity in the Company to the Buyer in connection with the Transaction; (ii) the covenants and the restrictions contained in this Agreement are necessary, fundamental and required for the protection of Buyer's interest in the Company; (iii) such covenants relate to matters which are of a special, unique and extraordinary character that gives each of such covenants a special, unique and extraordinary value; (iv) Shareholder is entering into this Agreement solely in connection with Transaction; and (v) a breach of any of such covenants or any other provision of this Agreement will result in irreparable harm and damage to Buyer that cannot be adequately compensated by a monetary award. Accordingly, it is expressly agreed that in addition to all other remedies available at law or in equity (including, without limitation, money damages from Shareholder), Buyer shall be entitled to seek the remedy of a temporary restraining order, preliminary injunction or such other form of injunctive or equitable relief as may be used by any court of competent jurisdiction to restrain or enjoin any of the parties hereto from breaching any such covenant or provision or to specifically enforce the provisions hereof.
Representations and Remedies. Neither party makes any representations, ---------------------------- covenants, warranties, or guarantees, express or implied, other than those expressly set forth herein. Nothing herein shall be construed as limiting either party's right to any other remedies at law, including recovery of damages for breach of the Agreement.
Representations and Remedies. Host makes no representations, covenants, warranties, or guarantees, express or implied, other than those expressly set forth in this Agreement. The Parties’ rights, liabilities, responsibilities and remedies with respect to the Program shall be exclusively those expressly set forth in this Agreement and are in lieu of any others available at law or otherwise.
Representations and Remedies. 26 17.9 Damages......................................... 26 17.10
Representations and Remedies. Neither Fluor Xxxxxx nor Owner makes any ---------------------------- representations, covenants, warranties or guarantees, express or implied, other than those expressly set forth herein. The parties' rights, liabilities, responsibilities and remedies with respect to the Work shall be exclusively those expressly set forth in this Agreement.
Representations and Remedies. Each of the Parties acknowledges that: (i) Equityholder is deriving substantial economic benefit from the sale or disposition of Equityholder’s Shares in connection with the Share Sale; (ii) the covenants and the restrictions contained in this Agreement are necessary, fundamental and required for the protection of Buyer’s interest in the Company; (iii) such covenants relate to matters which are of a special, unique and extraordinary character that gives each of such covenants a special, unique and extraordinary value; (iv) Equityholder is entering into this Agreement solely in connection with the sale or disposition of Equityholder’s Shares and not in connection with any contemplated employment with Buyer or its Affiliates; and (v) a breach of any of such covenants or any other provision of this Agreement will result in irreparable harm and damage to Buyer that cannot be adequately compensated by a monetary award. Accordingly, it is expressly agreed that, in addition to all other remedies available at law or in equity (including, without limitation, money damages from Equityholder), Buyer shall be entitled to seek the remedy of a temporary restraining order, preliminary injunction or such other form of injunctive or equitable relief as may be used by any court of competent jurisdiction to restrain or enjoin Equityholder from breaching any such covenant or provision or to specifically enforce the provisions hereof.
Representations and Remedies. 23.1 Owner and Design/Builder make no representations, covenants, warranties or guaranties, express or implied, other than those of good faith and fair dealing or expressly set forth in the Contract Documents. The parties' rights, liabilities, and limitations on liabilities, responsibilities and remedies hereunder shall be exclusively those expressly set forth in the Contract Documents and shall apply even in the event of default or termination, the negligence, or strict liability of the party indemnified or released or whose liability is limited or assumed or against whom rights of subrogation are waived, shall survive the default and/or termination of Design/Builder and shall be enforceable and extend to the parties, their respective officers, directors, employees, agents and related entities.
Representations and Remedies. Fluor Daniel and MedImmune make no representations, coxxxxxxs, warranties or guarantees, express or implied, other than those expressly set forth herein. The parties' rights, liabilities, responsibilities and remedies with respect to the Services, whether in contract, tort, negligence or otherwise, shall be exclusively those expressly set forth in this Agreement.
