Common use of Sole Remedy/Waiver Clause in Contracts

Sole Remedy/Waiver. Except in the case of fraud, the parties hereto acknowledge and agree that, in the event that the Closing occurs, the remedies provided for in this Article VII shall be the sole and exclusive remedies 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 this Agreement, the Joe’s Business, the Assumed Liabilities, the Purchased Assets, the Excluded Liabilities or otherwise. The parties hereto expressly intend that the remedies provided for in this Article VII shall apply to direct claims between the parties hereto for breach of this Agreement (whether or not involving a third party).

Sole Remedy/Waiver. Except in the case of fraud, the parties hereto acknowledge and agree that, in the event that the Closing occurs, the remedies provided for in this Article VII shall be the sole and exclusive remedies 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 this Agreement, the Joe’s Business, the Assumed Liabilities, the Purchased Assets, the Excluded Liabilities or otherwise. The parties hereto expressly intend that the remedies provided for in this Article VII shall apply to direct claims between the parties hereto for breach of this Agreement (whether or not involving a third party).. 42

Sole Remedy/Waiver. Except as otherwise provided herein, or in the case of fraud, criminal activity or willful misconduct, the parties hereto acknowledge and agree that, in the event that the Closing occurs, the remedies provided for in Section 7.04 and this Article VII VIII shall be the parties’ sole and exclusive remedies 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 this Agreement, the Joe’s Business, the Assumed Liabilities, the Purchased Assets, the Excluded Liabilities Company or any Law or otherwise. The parties hereto expressly intend that the remedies provided for in Section 7.04 and this Article VII VIII shall apply to direct claims between the parties hereto for breach of this Agreement (whether or not involving a third party).