Common use of Special Rule for Fraud Clause in Contracts

Special Rule for Fraud. Notwithstanding anything in this Article 6, to the contrary, in the event of any breach of a representation or warranty by a Party that constitutes actual fraud with the intent to deceive, such Party's liability for breach of such representation or warranty shall survive the Closing and continue in full force and effect for the applicable statute of limitations, and the injured Party’s ability to recover damages relating thereto shall not be subject to any cap or other limitation.

Special Rule for Fraud. Notwithstanding anything in this Article 6, to the contrary, in the event of any breach of a representation or warranty by a Party that constitutes actual fraud with the intent to deceive, such Party's ’s liability for breach of such representation or warranty shall survive the Closing and continue in full force and effect for the applicable statute of limitations, and the injured Party’s ability to recover damages relating thereto shall not be subject to any cap or other limitation.

Special Rule for Fraud. Notwithstanding anything in this Article 6, ARTICLE VIII to the contrary, in the event of any breach of a representation or warranty by a Party party that is intentional or constitutes actual fraud with the intent to deceivefraud, such Party's party’s liability for breach of such representation or warranty shall survive the Closing and continue in full force and effect for the applicable statute of limitationsforever thereafter, and the injured Partyparty’s ability to recover damages Damages relating thereto shall not be subject to any cap or other limitation.