Common use of SOLE REMEDY FOR DAMAGES Clause in Contracts

SOLE REMEDY FOR DAMAGES. Subject to the provisions of the next sentence of this SECTION 9.6, the indemnification obligations of the parties set forth in this ARTICLE IX shall constitute the sole and exclusive remedy of the parties for the recovery of money damages with respect to any and all matters arising out of this Agreement. Notwithstanding the foregoing, the terms of this SECTION 9.6 shall not be construed as limiting in any way whatsoever any remedy to which any party may be entitled other than the recovery of money damages, including but not limited to equitable remedies, specific performance, injunctive relief and rescission.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (TMP Worldwide Inc), Purchase Agreement (TMP Worldwide Inc), Agreement and Plan of Merger (TMP Worldwide Inc)

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SOLE REMEDY FOR DAMAGES. Subject to the provisions of the next sentence of this SECTION Section 9.6, the indemnification obligations of the parties set forth in this ARTICLE IX shall constitute the sole and exclusive remedy of the parties for the recovery of money damages with respect to any and all matters arising out of this Agreement. Notwithstanding the foregoing, the terms of this SECTION Section 9.6 shall not be construed as limiting in any way whatsoever any remedy to which any party may be entitled other than the recovery of money damages, including but not limited to equitable remedies, specific performance, injunctive relief and rescission.

Appears in 2 contracts

Samples: Stock Purchase Agreement (TMP Worldwide Inc), Stock Purchase Agreement (TMP Worldwide Inc)

SOLE REMEDY FOR DAMAGES. Subject to the provisions of the next sentence of this SECTION 9.6Section (f), the indemnification obligations of the parties set forth in this ARTICLE IX Section 5.12 shall constitute the sole and exclusive remedy of the parties for the recovery of money damages with respect to any and all matters arising out of this Agreement. Notwithstanding the foregoing, the terms of this SECTION 9.6 Section 5.12 shall not be construed as limiting in any way whatsoever any remedy to which any party may be entitled other than the recovery of money damages, including but not limited to equitable remedies, specific performance, injunctive relief and rescission.

Appears in 1 contract

Samples: Merger Agreement (Vitrix Inc /Nv/)

SOLE REMEDY FOR DAMAGES. Subject to the provisions of the next sentence of this SECTION 9.69.05, the indemnification obligations of the parties set forth in this ARTICLE IX and in SECTION 8.05(d) shall constitute the sole and exclusive remedy of the parties for the recovery of money damages with respect to any and all matters arising out of this Agreement. Notwithstanding the foregoing, the terms of this SECTION 9.6 9.05 shall not be construed as limiting in any way whatsoever any remedy to which any party may be entitled other than the recovery of money damages, including but not limited to equitable remedies, specific performance, injunctive relief and rescission.

Appears in 1 contract

Samples: Agreement and Plan of Merger (TMP Worldwide Inc)

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SOLE REMEDY FOR DAMAGES. Subject to the provisions of the next sentence of this SECTION 9.6Section 9.6 and except for Section 8.5, the indemnification obligations of the parties set forth in this ARTICLE Article IX shall constitute the sole and exclusive remedy of the parties for the recovery of money damages with respect to any and all matters arising out of this Agreement, the Transaction Documents or the Transaction. Notwithstanding the foregoing, the terms of this SECTION Section 9.6 shall not be construed as limiting in any way whatsoever any remedy to which any party may be entitled other than the recovery of money damages, including but not limited to equitable remedies, specific performance, injunctive relief and rescission.

Appears in 1 contract

Samples: Stock Purchase Agreement (TMP Worldwide Inc)

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