Common use of Indemnity Exclusive Remedy Clause in Contracts

Indemnity Exclusive Remedy. In the absence of fraud, the indemnification pursuant to this Article XII shall be the exclusive remedy for any breach or misrepresentation of warranty of MEI or the Company contained in this Agreement or in any exhibit or schedule hereto, any breach of any covenant or obligation of MEI contained in this Agreement, whether requiring performance before or after the Closing Date, and any breach of any covenant or obligation of the Company contained in this Agreement requiring performance prior to the Closing Date.

Indemnity Exclusive Remedy. In the absence of fraud, the indemnification pursuant to this Article XII shall be the exclusive remedy for any breach or misrepresentation of warranty of MEI MEI, Sub or the Company contained in this Agreement or in any -51- 58 exhibit or schedule hereto, any breach of any covenant or obligation of MEI or Sub contained in this Agreement, whether requiring performance before or after the Closing Date, and any breach of any covenant or obligation of the Company contained in this Agreement requiring performance prior to the Closing Date.

Indemnity Exclusive Remedy. In the absence of fraud, the indemnification pursuant to this Article XII shall be the exclusive remedy for any breach or misrepresentation of warranty of MEI MEI, Sub or the Company contained in this Agreement or in any exhibit or schedule hereto, any breach of any covenant or obligation of MEI or Sub contained in this Agreement, whether requiring performance before or after the Closing Date, and any breach of any covenant or obligation of the Company contained in this Agreement requiring performance prior to the Closing Date.