Common use of Exclusive Clause in Contracts

Exclusive. Other than claims for fraud or equitable relief (which equitable relief claims are nevertheless subject to Section 10.1), any claim arising under this Agreement or in connection with or as a result of the transactions contemplated by this Agreement or any Damages or injury alleged to be suffered by any party as a result of the actions or failure to act by any other party shall, unless otherwise specifically stated in this Agreement, be governed solely and exclusively by the provisions of this Article 10. If Seller and Purchaser cannot resolve such claim by mutual agreement, such claim shall be determined by adjudication by a court or similar tribunal subject to the provisions of this Article 10.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Horizon Health Corp /De/), Asset Sale Agreement (Health Management Associates Inc)

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Exclusive. Other than claims for fraud or equitable relief (which equitable relief claims are nevertheless subject to Section 10.1), any claim arising under this Agreement or in connection with or as a result of the transactions contemplated by this Agreement or any Damages or injury alleged to be suffered by any party as a result of the actions or failure to act by any other party shall, unless otherwise specifically stated in this Agreement, be governed solely and exclusively by the provisions of this Article 1010 and the Indemnity Escrow Agreement. If Seller and Purchaser cannot resolve such claim by mutual agreement, such claim shall be determined by adjudication by a court or similar tribunal subject to the provisions of this Article 10.

Appears in 1 contract

Samples: Asset Sale Agreement (VHS of Anaheim Inc)

Exclusive. Other than claims for fraud or equitable relief (which equitable relief claims are nevertheless subject to Section 10.112.1), any claim arising under this Agreement or in connection with or as a result of the transactions contemplated by this Agreement or any Damages or injury alleged to be suffered by any party as a result of the actions or failure to act by any other party shall, unless otherwise specifically stated in this Agreement, be governed solely and exclusively by the provisions of this Article 1012. If Seller the Sellers and Purchaser the Purchasers cannot resolve such claim by mutual agreement, such claim shall be determined by adjudication by a court or similar other tribunal subject to the provisions of this Article 1012.

Appears in 1 contract

Samples: Asset Purchase Agreement (Vanguard Health Systems Inc)

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Exclusive. Other than claims for fraud or equitable relief (which equitable relief claims are nevertheless subject to Section 10.1), any claim dispute arising under this Agreement or in connection with or as a result of the transactions contemplated by this Agreement or any Damages or injury alleged to be suffered by any party as a result of the actions or failure to act by any other party shall, unless otherwise specifically stated in this Agreement, be governed solely and exclusively by the provisions of this Article 10. If Seller and Purchaser cannot resolve such claim by mutual agreement, such claim shall be determined by adjudication by a court or similar tribunal subject to the provisions of this Article 10.

Appears in 1 contract

Samples: Asset Sale Agreement (Iasis Healthcare Corp)

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