Common use of Inapplicable Clause in Contracts

Inapplicable. Notwithstanding any provision in this Agreement to the contrary, there shall be no limitation on the aggregate amount for which a Claimant may be indemnified pursuant to this Article XII (i) in the event of fraud by the Indemnifying Party in connection with the matter for which indemnification is sought (a "Fraud Claim"), (ii) for any claim whatsoever relating in any way to or arising out of the Merger Lawsuits (a "Merger Claim"), (iii) for any claim arising out of a breach of the representations set forth in the first two sentences of Section 2.02, clause (a) of the fourth sentence in Section 2.02 or Section 2.03 or Section 2.09, (iv) for any claim relating to any casino or enterprise directly or indirectly owned or operated by HGHC other than the riverboat operated by Joliet, including without limitation the employee claims listed on Schedule 2.10 as items numbered 1 and 3 and items 1 and 4 of Exhibit C thereto (a "Non-Joliet Claim") or (v) for any claim arising out of a breach of Section 13.16 (a "13.16 Claim"). In addition, the Basket and the Cap shall not apply to a Fraud Claim, a Broker Claim, a Merger Claim, a Non-Joliet Claim or a 13.16 Claim and none of such claims shall be included in determining whether the aggregate Indemnity Losses equal or exceed the Basket and shall not count against the Cap.

Inapplicable. Notwithstanding any provision in this Agreement to the contrary, there shall be no limitation on the aggregate amount for which a Claimant may be indemnified pursuant to this Article ARTICLE XII (i) in the event of fraud by the Indemnifying Party in connection with the matter for which indemnification is sought (a "Fraud Claim"), (ii) for any claim whatsoever relating in any way to or arising out of the Merger Lawsuits (a "Merger Claim"), (iii) for any claim arising out of a breach of the representations set forth in the first two sentences of Section SECTION 2.02, clause (a) of the fourth sentence in Section SECTION 2.02 or Section SECTION 2.03 or Section SECTION 2.09, (iv) for any claim relating to any casino or enterprise directly or indirectly owned or operated by HGHC other than the riverboat operated by Joliet, including without limitation the employee claims listed on Schedule 2.10 as items numbered 1 and 3 and items 1 and 4 of Exhibit C thereto (a "Non-Joliet Claim") or (v) for any claim arising out of a breach of Section SECTION 13.16 (a "13.16 Claim"). In addition, the Basket and the Cap shall not apply to a Fraud Claim, a Broker Claim, a Merger Claim, a Non-Joliet Claim or a 13.16 Claim and none of such claims shall be included in determining whether the aggregate Indemnity Losses equal or exceed the Basket and shall not count against the Cap.