No Other Remedies. Termination pursuant to this Agreement shall be in limitation of and with prejudice to any other right or remedy to which Executive may otherwise be entitled at law or in equity against Employer, its affiliates, and its agents, shareholders, employees, officers and directors.
No Other Remedies. 23.1 The User acknowledges and agrees that the User’s only rights and remedies relating to this Agreement are as set out in this Agreement.
No Other Remedies. No remedy against the Issuer, other than as referred to in Clause 6(b), shall be available to the Trustee, any Noteholder or Couponholder (i) for the recovery of amounts owing in respect of or arising under the Trust Deed, such Notes or the relative Coupons or (ii) in respect of the breach of any other term or condition or other obligation binding on the Issuer under or in respect of this Trust Deed, such Notes or the relative Coupons.
No Other Remedies. Except as provided in Sections 11.3 and 12.13, any and all remedies herein expressly conferred upon a party hereby are deemed exclusive of any other remedy conferred hereby or by law or equity on such party. In particular, the remedies provided by Article IX for Losses shall be exclusive of any other rights or remedies available to a party against the other party, either at law or in equity, in relation to any breach, default or nonperformance of any representation, warranty, covenant, agreement or undertaking made or entered into by such other party pursuant to this Agreement or the transactions contemplated hereby. Notwithstanding any provision hereof, neither party shall be liable hereunder to any Xxxxxxx Indemnified Party or WP Partners Indemnified Party for any incidental or consequential damages, damages for loss of profits or opportunities or exemplary or punitive damages, regardless of the circumstances from which such damages arose.
No Other Remedies. This Section 9 provides the sole remedies of the parties for breaches of representations or covenants under this Agreement. Any further claims and remedies against a party, irrespective of which nature, amount or legal basis, are hereby expressly waived and excluded, in particular, without limitation, claims under pre-contractual fault (§§ 311 para. 2 and 3, 241 para. 2 German Civil Code), for breach of contract on the basis of statutory warranty provisions or tort as well as any and all other claims, which could, due to a rescission, except for the rights set forth in Section 9.1, challenging, reduction of the Purchase Amount or any other reasons, result in the termination, invalidity or winding up of this Agreement, an amendment of its content or a repayment or reduction of the Purchase Amount, unless such claim is based on willful act of or fraudulent misrepresentation by such party.
No Other Remedies. Any and all remedies herein expressly conferred upon a party hereby are deemed exclusive of any other remedy conferred hereby or by law or equity on such party. In particular, the remedies provided by Section 11 for Damages shall be exclusive of any other rights or remedies available to a party against the other party, either at law or in equity, in relation to any breach, default or nonperformance of any representation, warranty, covenant, agreement or undertaking made or entered into by such other party pursuant to this Agreement.
No Other Remedies. Other than the limited remedies specified herein, no remedy against the Issuer will be available to the Trustee (acting on behalf of the Holders of the Notes) or the Holders of the Notes, whether for the recovery of amounts owing in respect of such Notes or under this Indenture or in respect of any breach by the Issuer of any of its obligations under or in respect of the terms of the Notes or under this Indenture in relation thereto. Under the terms of the Notes, an Automatic Conversion or exercise of discretionary powers by the relevant resolution authority and/or any relevant regulatory authority with respect to the Notes will not constitute a Winding-Up Event or a default under the terms of the Notes or failure to perform by the Issuer in any manner whatsoever.
No Other Remedies. The remedies of each party shall only be as provided in Section 14.2 and 14.3 hereof and neither party shall be entitled to any other right or remedy otherwise available to such party.
No Other Remedies. No remedy against the Issuer or the Guarantor other than as set out in this Condition 12 and petitioning for the winding up or liquidation of the Guarantor and the proving or claiming in any dissolution and liquidation of the Issuer or the Guarantor shall be available to the Securityholders whether for the recovering of amounts owing in respect of the Capital Securities or in respect of any breach by the Issuer or the Guarantor of any other obligation, condition or provision binding on it under the Capital Securities or the Subordinated Guarantee.
No Other Remedies. All legal remedies, other than those specified in clauses 7 and 8 of this Agreement, in relation to a Seller’s Breach are hereby excluded except in the case of wilful misconduct or fraud. In particular, claims for or based on a reduction of the Purchase Price (Minderung), rescission (Rücktritt), other claims for defects according to Section 437 of the Civil Code, culpa in contrahendo (Section 311 of the Civil Code), positive breach of contract (Section 280 of the Civil Code) (Schadensersatz wegen Pflichtverletzung) or frustration of contract (Section 313 of the Civil Code) (Störung der Geschäftsgrundlage) shall be excluded except in the case of fraud (Arglist) or wilful misconduct (Vorsatz). The Buyer shall not be entitled to rescind or terminate this Agreement under any circumstances whatsoever (except if based on fraud (Arglist) or wilful misconduct (Vorsatz)).
