Examples of Special Losses in a sentence
Each Party acknowledges that monetary damages alone may not be a sufficient remedy for any actual breach of this Clause 13 (Confidential Information), that injunctive and specific performance or any other equitable relief may be available to the non-defaulting Party in respect of any such breach and that no proof of Special Losses shall be necessary for the enforcement of this Clause 13 (Confidential Information).
For the avoidance of doubt, and notwithstanding anything herein to the contrary, this Section 11.4(c) shall not limit the ability of the Buyer Indemnified Parties to seek indemnification from the Seller or the Sellers, as applicable, (x) with respect to the portion of the Special Losses which is less than or equal to the retention of the R&W Policy and (y) if the Buyer Indemnified Party does not recover the Special Losses under the R&W Policy for any reason.
Resort to the provisions of this Article VII and Section 1.7 providing for the delivery of Exchangeable Shares to the Surviving Corporation for cancellation from the Escrow Fund shall be BackWeb Parent's (and its affiliates') exclusive remedy for any Losses, except for Losses resulting from breaches of representations and warranties contained in Sections 2.2, 2.7 and 2.17 of this Agreement and Losses resulting from fraud (collectively, the "Special Losses").
In no event, except in the case of Special Losses, shall the aggregate liability of any Seller for all Losses claimed by the Buyer Indemnified Parties against such Seller under Sections IX.B.1 and 2 exceed such Seller’s Percentage Share of the Escrow Fund.
Thereafter, Special Losses shall be allocated to the Senior Certificates of the related Loan Group.