Indemnification Non-Exclusive. The foregoing indemnification provision is in addition to, and not derogation of any statutory, equitable or common law remedy any party may have for breach of representation, warranty, covenant or agreement.
Indemnification Non-Exclusive. The foregoing indemnification provisions are in addition to, and not in derogation of, any statutory, equitable or common-law remedy any party may have for breach of representation, warranty, covenant or agreement. ARTICLE XI [INTENTIONALLY OMITTED]
Indemnification Non-Exclusive. Except as provided herein, the foregoing indemnification provisions shall be the sole and exclusive remedy after the Closing Date for money damages available to Purchaser for breach of any representations, warranties or covenants contained herein, but shall not limit any other remedy to which Purchaser may be entitled. Nothing in this Agreement shall be construed as limiting in any way the remedies that may be available to Purchaser in the event of fraud relating to the representations, warranties or covenants made by Seller in this Agreement.
Indemnification Non-Exclusive. The foregoing indemnification provisions are in addition to, not in derogation of, any statutory, equitable or common-law remedy any party may have for breach of any representation, warranty, covenant or agreement, subject to applicable laws regarding election of remedies. Notwithstanding the foregoing, in no event will either party's total liability to the other party under any theory, including, but not limited to, statutory, tort, negligence, breach of contract, breach of warranty, indemnification or any other legal theory under this Agreement and the Ancillary Agreements, exceed the total gross proceeds received by the Company from Purchaser pursuant to the Bridge Loan Agreement and this Agreement.
Indemnification Non-Exclusive. The foregoing indemnification provisions are in addition to, and not in derogation of, any statutory, equitable or common-law remedy IDT may have for breach of representation, warranty, covenant or agreement.
Indemnification Non-Exclusive. The foregoing indemnification provisions are in addition to, and not in derogation of, any statutory, equitable or common-law remedy any party may have for breach of representation, warranty, covenant or agreement; provided, however, the time and dollar limitations as set forth in Section 10.1, 10.2 and 10.6 shall apply to any such remedies.
Indemnification Non-Exclusive. The foregoing indemnification provisions are in addition to, and not in derogation of, any contractual, statutory, equitable or common-law remedy any Party may have for breach of representation, warranty, covenant or agreement or any other cause of action under this Agreement; provided, however, nothing herein shall be construed as creating any remedy or liability against Seller for the conduct and operations of the business of the Companies or any of their subsidiaries occurring prior to or following the Closing Date.
Indemnification Non-Exclusive. The foregoing indemnification provisions are in addition to, and not in derogation of, any statutory, equitable or common law remedy any party may have for breach of representation, warranty, covenant or agreement. Notwithstanding the foregoing, Parent and Sub's claims for monetary damages shall be limited to the Escrow Fund.
Indemnification Non-Exclusive. The indemnification provisions of this Section 7 are in addition to, and not in derogation of, any statutory, equitable or common-law remedy any Party may have for breach of representation, warranty, covenant or agreement.
Indemnification Non-Exclusive. Except as provided herein, the foregoing indemnification provisions shall be the sole and exclusive remedy after the Closing Date for money damages for breach of any representations, warranties or covenants contained herein, but shall not limit any other remedy to which a party may be entitled. Nothing in this Agreement shall be construed as limiting in any way the remedies that may be available to any party in the event of fraud relating to representations, warranties or covenants.
