Common use of No Other Remedies Clause in Contracts

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.

Appears in 4 contracts

Samples: Agreement and Plan of Reorganization (Schuler James K), Agreement and Plan of Reorganization (Schuler James K), Agreement and Plan of Reorganization (Apollo Real Estate Investment Fund L P/Ny)

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No Other Remedies. Except as provided in Sections 11.3 6.6, 6.9, 12.3 and 12.1313.13, 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, except as provided in Sections 6.6 and 6.9 and Article X, 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 Buyer Indemnified Party or WP Partners Seller 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.

Appears in 1 contract

Samples: Stock Sale Agreement (Tesoro Capital Trust Iii)

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No Other Remedies. Except as provided in Sections 11.3 and 12.13, any (a) 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 Seller Losses or Buyer 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, any agreement executed pursuant to this Agreement or the transactions contemplated hereby. Notwithstanding any provision hereof, neither party shall be liable hereunder to any Xxxxxxx Buyer Indemnified Party or WP Partners Seller 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.

Appears in 1 contract

Samples: Stock Sale Agreement (Tesoro Capital Trust Iii)

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