Common use of Exclusive Remedies Clause in Contracts

Exclusive Remedies. Except as otherwise expressly set forth in this Agreement, and except as to fraud, following the Closing, the indemnification provisions of this Article XI shall be the sole and exclusive remedies of any Sellers’ Related Entities and any Buyer-Related Entities, respectively, for any Losses (including any Losses from claims for breach of contract, warranty, tortious conduct (including negligence) or otherwise and whether predicated on common law, statute, strict liability, or otherwise) that it may at any time suffer or incur, or become subject to, as a result of, or in connection with, any breach of or inaccuracy with respect to any representation or warranty set forth in this Agreement by the Buyer or the Sellers, respectively, or any breach or failure by the Buyer or the Sellers, respectively, to perform or comply with any obligation or covenant set forth herein. Without limiting the generality of the foregoing, the parties hereto hereby irrevocably waive any right of rescission they may otherwise have or to which they may become entitled.

Exclusive Remedies. Except as otherwise expressly set forth in this Agreement, and except as to fraudfor fraud or intentional misrepresentation, following the Closing, the indemnification provisions of this Article XI XII shall be the sole and exclusive remedies of any Sellers’ Related Entities Seller Indemnified Party and any Buyer-Related EntitiesBuyer Indemnified Party, respectively, for any Losses (including any Losses from claims for breach of contract, warranty, tortious conduct (including negligence) or otherwise and whether predicated on common law, statute, strict liability, or otherwise) that it may at any time suffer or incur, or become subject to, as a result of, or in connection with, any breach of or inaccuracy with respect to any representation or warranty set forth in this Agreement by the Buyer or the SellersSeller, respectively, or any breach or failure by the Buyer or the SellersSeller, respectively, to perform or comply with any obligation covenant or covenant agreement set forth herein. Without limiting the generality of the foregoing, except for fraud or intentional misrepresentation, the parties hereto Parties hereby irrevocably waive any right of rescission they may otherwise have or to which they may become entitled.

Exclusive Remedies. Except as otherwise expressly set forth in this Agreement, and except as to fraudfor fraud or intentional misrepresentation, following the Closing, the indemnification provisions of this Article XI ARTICLE VIII shall be the sole and exclusive remedies of any Sellers’ Related Entities Seller Indemnified Party and any Buyer-Related EntitiesBuyer Indemnified Party, respectively, for any Losses (including any Losses from claims for breach of contract, warranty, tortious conduct (including negligence) or otherwise and whether predicated on common law, statute, strict liability, or otherwise) that it may at any time suffer or incur, or become subject to, as a result of, or in connection with, any breach of or inaccuracy with respect to any representation or warranty set forth in this Agreement by the Buyer or the SellersSeller, respectively, or any breach or failure by the Buyer or the SellersSeller, respectively, to perform or comply with any obligation covenant or covenant agreement set forth herein. Without limiting the generality of the foregoing, except for fraud or intentional misrepresentation, the parties hereto Parties hereby irrevocably waive any right of rescission they may otherwise have or to which they may become entitled.

Exclusive Remedies. Except as otherwise expressly set forth in this Agreement, and except as to fraud, following the applicable Closing, the indemnification provisions of this Article XI shall be the sole and exclusive remedies of any Sellers’ Related Entities and any Buyer-Related Entities, respectively, for any Losses (including any Losses from claims for breach of contract, warranty, tortious conduct (including negligence) or otherwise and whether predicated on common law, statute, strict liability, or otherwise) that it may at any time suffer or incur, or become subject to, as a result of, or in connection with, any breach of or inaccuracy with respect to any representation or warranty set forth in this Agreement by the Buyer or the Sellers, respectively, or any breach or failure by the Buyer or the Sellers, respectively, to perform or comply with any obligation or covenant set forth herein. Without limiting the generality of the foregoing, the parties hereto hereby irrevocably waive any right of rescission they may otherwise have or to which they may become entitled.

Exclusive Remedies. Except as otherwise expressly set forth in this Agreement, and except as to fraudAgreement or in the Lease, following the Closing, the indemnification provisions of this Article XI shall be the sole and exclusive remedies of any Sellers’ Related Entities Seller and any Buyer-Related Entities, respectively, for any Losses (including any Losses from claims for breach of contract, warranty, tortious conduct (including negligence) or otherwise and whether predicated on common law, statute, strict liability, or otherwise) that it may at any time suffer or incur, or become subject to, as a result of, or in connection with, any breach of or inaccuracy with respect to any representation or warranty set forth in this Agreement by the Buyer or the SellersSeller, respectively, or any breach or failure by the Buyer or the SellersSeller, respectively, to perform or comply with any obligation or covenant set forth herein. Without limiting the generality of the foregoing, the parties hereto hereby irrevocably waive any right of rescission they may otherwise have or to which they may become entitled.

Exclusive Remedies. Except with respect to fraud and as otherwise expressly set forth in this Agreement, and except as to fraud, following the Closing, the indemnification provisions of this Article XI shall be the sole and exclusive remedies of any Sellers’ Related Entities Seller Indemnified Party and any Buyer-Related EntitiesBuyer Indemnified Party, respectively, for any Losses (including any Losses from claims for breach of contract, warranty, tortious conduct (including negligence) ), contribution or otherwise and whether predicated on common law, statute, strict liability, or otherwise, including pursuant to the Comprehensive Environmental Response, Compensation and Liability Act or any other Environmental Law) that it may at any time suffer or incur, or become subject to, as a result of, or in connection with, any breach of or inaccuracy with respect to any representation or warranty set forth in this Agreement by the Buyer or the SellersSeller, respectively, or any breach or failure by the Buyer or the SellersSeller, respectively, to perform or comply with any obligation covenant or covenant agreement set forth herein. Without limiting the generality of the foregoing, the parties hereto Parties hereby irrevocably waive any right of rescission they may otherwise have or to which they may become entitled.