Exclusivity of Remedies. Subject to Sections 4.1(d) and 8, absent actual fraud or willful misconduct by any of the Parties to this Agreement, and except for matters for which the remedy of specific performance, injunctive relief or other non-monetary equitable remedies are available, the indemnification rights provided above shall be the sole and exclusive remedy of the Parties under this Agreement.
Appears in 2 contracts
Samples: Hosting Services Agreement (Prosper Funding LLC), Hosting Services Agreement (Prosper Funding LLC)
Exclusivity of Remedies. Subject to Sections 4.1(d) and 8, absent actual fraud or willful misconduct by any of the Parties parties to this Agreement, and except for matters for which the remedy of specific performance, injunctive relief or other non-monetary equitable remedies are available, the indemnification rights provided above shall be the sole and exclusive remedy of the Parties parties under this Agreement.
Appears in 2 contracts
Samples: Hosting Services Agreement (Prosper Marketplace Inc), Hosting Services Agreement (LendingClub Corp)
Exclusivity of Remedies. Subject to Sections 4.1(d) and 8Section 2.3, absent actual fraud or willful misconduct by any of the Parties to this Agreement, and except for matters for which the remedy of specific performance, injunctive relief or other non-monetary equitable remedies are available, the indemnification rights provided above shall be the sole and exclusive remedy of the Parties parties under this Agreement.
Appears in 2 contracts
Samples: Amended and Restated Services Agreement (Prosper Funding LLC), Amended and Restated Services Agreement (Prosper Funding LLC)
Exclusivity of Remedies. Subject to Sections 4.1(d) and 8Section 2.3, absent actual fraud or willful misconduct by any of the Parties parties to this Agreement, and except for matters for which the remedy of specific performance, injunctive relief or other non-monetary equitable remedies are available, the indemnification rights provided above shall be the sole and exclusive remedy of the Parties parties under this Agreement.
Appears in 1 contract
Samples: Prosper Folio Services Agreement (Prosper Marketplace Inc)
Exclusivity of Remedies. Subject to Sections 4.1(d) and 8ARTICLE V, absent actual fraud or willful misconduct by any of the Parties parties to this Agreement, and except for matters for which the remedy of specific performance, injunctive relief or other non-monetary equitable remedies are available, the indemnification rights provided above shall be the sole and exclusive remedy of the Parties parties under this Agreement.
Appears in 1 contract
