Common use of Whole Agreement Clause in Contracts

Whole Agreement. 9.8.1 This Agreement, the Purchase Agreement and other Ancillary Agreements contain the whole agreement between the parties relating to the subject matter of this Agreement to the exclusion of any terms implied by Law which may be excluded by contract and supersede any previous written or oral agreement between the parties in relation to the matters dealt with herein and therein. The parties acknowledge and agree that the provisions set forth in Annex A and Annex B, which relate to matters including termination rights, data security, confidentiality, and recovery and resolution matters, are incorporated herein. 9.8.2 Each party acknowledges that it has not been induced to enter this Agreement by any representation, warranty, assurance, commitment, statement or undertaking not expressly incorporated into this Agreement and agrees that it will not contend to the contrary. 9.8.3 So far as is permitted by Law, other than in the case of actual or intentional fraud by the Sellers, the Purchasers agree and acknowledge that their only right and remedy in relation to any provision of this Agreement shall be for breach of the terms of this Agreement pursuant to the procedures and subject to the limitations set forth herein to the exclusion of (i) any right to rescind this Agreement and (ii) any and all other rights and remedies (including those in tort or arising under statute). 9.8.4 In the event of any inconsistency between the Purchase Agreement and this Agreement, the provisions of the Purchase Agreement shall govern and control.