Indemnification Exclusive Remedy. In the absence of fraud, and -------------------------------- except for non-monetary equitable relief, if the Closing occurs, indemnification pursuant to the provisions of this Article 10 shall be the sole and exclusive remedy of the parties for any breach of any representation or warranty contained in this Agreement.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (M2direct Inc), Asset Purchase Agreement (M2direct Inc), Agreement and Plan of Merger (M2direct Inc)
Indemnification Exclusive Remedy. In the absence of fraud, and -------------------------------- except for non-monetary equitable relief, if the Closing occurs, indemnification pursuant to the provisions of this Article 10 Section 9 shall be the sole and exclusive remedy of the parties for any breach of any representation or warranty contained in this Agreement.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Homecom Communications Inc), Asset Purchase Agreement (Netzee Inc)
Indemnification Exclusive Remedy. In the absence of fraud, and -------------------------------- except for non-monetary equitable relief, if the Closing occurs, indemnification pursuant to the provisions of this Article 10 8 shall be the sole and exclusive remedy of the parties for any breach of any representation or warranty contained in this Agreement.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Goldleaf Financial Solutions Inc.), Asset Purchase Agreement (Goldleaf Financial Solutions Inc.)
Indemnification Exclusive Remedy. In the absence of fraud, and -------------------------------- except for non-monetary equitable relief, if the Closing occurs, indemnification pursuant to the provisions of this Article 10 9 shall be the sole and exclusive remedy of the parties for any breach of any representation or warranty contained in this Agreement.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Preferred Networks Inc), Agreement and Plan of Merger (Lifestream Technologies Inc)
Indemnification Exclusive Remedy. In the absence of fraudfraud or gross misrepresentations, and -------------------------------- except for non-monetary equitable relief, if the Closing occurs, indemnification pursuant to the provisions of this Article 10 shall be the sole and exclusive remedy of the parties for any breach of any representation or warranty contained in this Agreement.
Appears in 1 contract
Indemnification Exclusive Remedy. In the absence of fraud, and -------------------------------- except for non-monetary equitable relief, if the Closing occurs, indemnification pursuant to the provisions of this Article 10 9 shall be the sole and exclusive remedy of the parties for any breach of any representation representation, warranty, covenant or warranty agreement contained in this Agreement.
Appears in 1 contract
Indemnification Exclusive Remedy. In the absence of fraud, and -------------------------------- except for non-monetary equitable relief, if the Closing occurs, indemnification pursuant to the provisions of this Article 10 8 shall be the sole and exclusive remedy of the parties for any breach of any representation or warranty contained in this Agreement.
Appears in 1 contract
Indemnification Exclusive Remedy. In the absence of fraud, and -------------------------------- except for non-monetary equitable relief, if the Closing occurs, --------------------------------- indemnification pursuant to the provisions of this Article 10 9 shall be the sole and exclusive remedy of the parties for any breach of any representation representation, warranty, covenant or warranty agreement contained in this Agreement.
Appears in 1 contract
Samples: Asset Purchase Agreement (Satellink Communications Inc)
