Exceptions to Limitations. Nothing herein shall be deemed to limit or restrict in any manner any rights or remedies that any party has, or might have, at law, in equity or otherwise, against any other party hereto, based on fraud or willful failure to fulfill any agreement or covenant.
Appears in 1 contract
Sources: Agreement and Plan of Reorganization (Memberworks Inc)
Exceptions to Limitations. Nothing herein shall be deemed to limit or restrict in any manner any rights or remedies that any party has, or might have, at law, in equity or otherwise, against any other party hereto, based on fraud any willful misrepresentation, willful breach of warranty or willful failure to fulfill any agreement or covenant.
Appears in 1 contract
Sources: Agreement and Plan of Reorganization (DBT Online Inc)
Exceptions to Limitations. Nothing herein shall be deemed to limit or restrict in any manner any rights or remedies that any party Party has, or might have, at law, in equity or otherwise, against any other party heretoParty, based on fraud any fraudulent action, willful misrepresentation or willful failure to fulfill breach of any agreement warranty or covenantrepresentation.
Appears in 1 contract
Sources: Merger Agreement (Verticalnet Inc)
Exceptions to Limitations. Nothing Except as set forth in Section 6.07, nothing herein shall be deemed to limit or restrict in any manner any rights or remedies that any party Party has, or might have, at law, in equity or otherwise, against any other party heretoParty, based on fraud any fraudulent action, willful misrepresentation or willful failure to fulfill breach of any agreement warranty or covenantrepresentation.
Appears in 1 contract
Sources: Merger Agreement (Verticalnet Inc)
Exceptions to Limitations. Nothing Except as set forth in Section 7.10, nothing herein shall be deemed to limit or restrict in any manner any rights or remedies that any party has, or might have, at law, in equity or otherwise, against any other party heretoparty, based on fraud any fraudulent action, willful misrepresentation or willful failure to fulfill breach of any agreement warranty or covenantrepresentation.
Appears in 1 contract
Sources: Merger Agreement (Digirad Corp)
Exceptions to Limitations. Nothing Except as set forth in Section 5.08, nothing herein shall be deemed to limit or restrict in any manner any rights or remedies that any party Party has, or might have, at law, in equity or otherwise, against any other party heretoParty, based on fraud any fraudulent action, intentional misrepresentation or willful failure to fulfill intentional breach of any agreement warranty or covenantrepresentation.
Appears in 1 contract
Exceptions to Limitations. Nothing herein shall be deemed to limit or restrict in any manner any rights or remedies that any party Party has, or might have, at law, in equity or otherwise, against any other party heretoParty, based on fraud intentional misrepresentation, or willful failure to fulfill any agreement or covenantother fraud.
Appears in 1 contract
Sources: Plan of Reorganization and Agreement of Merger (Maverick Tube Corporation)
Exceptions to Limitations. Nothing herein shall be deemed to limit or restrict in any manner any rights or remedies that any party has, or might have, at law, in equity or otherwise, against any other party hereto, based on fraud any fraud, willful misrepresentation, willful breach of warranty or willful failure to fulfill any agreement or covenant.
Appears in 1 contract
Exceptions to Limitations. Nothing herein shall be deemed to limit or ------------------------- restrict in any manner any rights or remedies that which any party has, or might have, at law, in equity or otherwise, against any other party hereto, based on fraud a willful misrepresentation or willful failure to fulfill any agreement or covenantbreach of warranty hereunder.
Appears in 1 contract
Sources: Merger Agreement (Acsys Inc)
Exceptions to Limitations. Nothing herein shall be deemed to limit or restrict in any manner any rights or remedies that any party Party has, or might have, at law, in equity or otherwise, against any other party heretoParty, based on fraud any fraudulent action, willful misrepresentation or willful failure to fulfill any agreement or covenantbreach of warranty.
Appears in 1 contract
Sources: Merger Agreement (Verticalnet Inc)
Exceptions to Limitations. Nothing herein shall be deemed to limit ------------------------- or restrict in any manner any rights or remedies that which any party has, or might have, at law, in equity or otherwise, against any other party hereto, based on fraud or willful failure to fulfill any agreement or covenanta fraudulent misrepresentation.
Appears in 1 contract
Sources: Asset Purchase Agreement (Telespectrum Worldwide Inc)
Exceptions to Limitations. Nothing herein shall be deemed to limit or restrict in any manner any rights or remedies that which any party Indemnified Party or Selling Shareholder has, or might have, at law, in equity or otherwise, against any other party hereto, based on fraud such party’s willful misrepresentation, willful breach of warranty or willful failure to fulfill any agreement or covenantcovenant set forth herein.
Appears in 1 contract
Sources: Merger Agreement (Solar Power, Inc.)
Exceptions to Limitations. Nothing herein shall be deemed to limit or restrict in any manner any rights or remedies that any party has, or might have, at law, in equity or otherwise, against any other party hereto, based on fraud any willful misrepresentation, any willful breach of a covenant or willful failure agreement contained herein or other intentional torts or fraud; provided however that no party shall be entitled to fulfill any agreement or covenantassert such a claim unless the amount of such claim exceeds $25,000.
Appears in 1 contract