Common use of Sole Remedy/Waiver Clause in Contracts

Sole Remedy/Waiver. (a) The parties hereto acknowledge and agree that, if the Closing occurs, except in the case of actual fraud, the remedies provided for in this Article VIII shall be the sole and exclusive remedies for any breach of this Agreement or any claims relating to this Agreement, other documents, certificates or agreements delivered in connection with this Agreement, the Terminal Operations, the Assumed Liabilities, the Purchased Assets, and the Excluded Liabilities (including with respect to Pre-Closing Asbestos Liabilities).

Sole Remedy/Waiver. (a) The Except as set forth in Section 11.11, or in the case of fraud, the parties hereto acknowledge and agree that, if in the event that the Closing occurs, except in the case of actual fraud, the remedies provided for in this Article VIII IX shall be the parties’ sole and exclusive remedies remedy for any breach of the representations and warranties or covenants contained in this Agreement or any claims relating to this Agreement, other documents, certificates or agreements delivered in connection with the subject matter of this Agreement, the Terminal Operationsor any other document, the Assumed Liabilities, the Purchased Assets, and the Excluded Liabilities (including with respect to Pre-Closing Asbestos Liabilities)certificate or agreement delivered pursuant hereto.

Sole Remedy/Waiver. (a) The parties hereto Except for any right to specific performance under Section 9.15, or in the case of Fraud, the Parties acknowledge and agree that, if in the event that the Closing occurs, except in the case of actual fraud, the remedies provided for in this Article VIII shall be the sole and exclusive remedies for any breach of claims pursuant to this Agreement or any claims relating to this Agreement, other documents, certificates or agreements required to be executed and delivered in connection with pursuant to this Agreement, the Terminal OperationsBusiness, the Purchased Assets, the Excluded Assets, the Assumed Liabilities, the Purchased Assets, and the Excluded Retained Liabilities (including with respect to Pre-Closing Asbestos Liabilities).or otherwise. 

Sole Remedy/Waiver. (a) The parties hereto acknowledge and agree that, if the Closing occurs, except in the this case of actual fraud, the remedies provided for in this Article VIII shall be the sole and exclusive remedies for any breach of this Agreement or any claims relating to this Agreement, other documents, certificates or agreements delivered in connection with this Agreement, the Terminal Operations, the Assumed Liabilities, the Purchased Assets, and the Excluded Liabilities (including with respect to Pre-Closing Asbestos Liabilities)or otherwise.