Specific Limitations. 9.6.1 Neither Party shall be able to bring a claim against the other if and to the extent that: (a) the breach on which the claim is based occurs as a result of any legislation not in force at the date of this Agreement taking effect retrospectively, any increase in the rates of taxation in force at that date or as a consequence of a change in the interpretation of the law in any jurisdiction after the date of this Agreement, (b) the claim relates to any loss for which the Party is indemnified by insurance. 9.6.2 If a Party is prevented by clause 9.6.1 from bringing any claim in whole or in part, the losses, costs or damages the Party would have sought to recover in such claim shall not be taken into account when calculating the Minimum Liability. 9.6.3 No claim shall be made by a Party in relation to a fact, omission, if the Party has actual, constructive or imputed knowledge of the fact, omission, circumstance or occurrence at the time of execution of this Agreement.
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Samples: System Sale and Cooperation Agreement, Autolap System Sale Agreement (Transenterix, Inc.), Autolap System Sale Agreement (Transenterix, Inc.)
