No Other Remedy Sample Clauses

No Other Remedy. Buyer acknowledges that the Properties were --------------- used by present or prior owners or operators for the storage, manufacture and sale of petroleum and other products. This use and the possible Release of materials, including gasoline or other petroleum products, may have caused physical and other changes in the Properties, including the deposit of solid and hazardous wastes and Hazardous Substances. Buyer acknowledges having the opportunity to conduct the Inspection to ascertain the physical characteristics and existing conditions of the Properties and Personalty. Buyer's sole remedy for Environmental Liability (including, but not limited to, Environmental Liability for subsurface conditions, contamination, and solid and hazardous wastes, Hazardous Substances, and petroleum products or their constituents on, under or migrating from the Properties) will be as set forth in this Article 9 or under Paragraph 8.5 for a breach of warranty in Paragraph 9.2 and these remedies are in lieu of any statutory rights that Buyer may have under any Environmental Laws or common law causes of action.
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No Other Remedy. You are not entitled to invoke any other remedy in case of breach by us than the remedies explicitly mentioned in this XXXX.
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No Other Remedy. The Parties expressly agree that, except as provided in Article 5, the rights and remedies provided in Section 11.1 shall be in lieu of any and all other right or remedy of the Purchaser, provided by law or otherwise, however arising in connection with any breach of the representations and warranties, covenants and/or obligations of the Sellers contained in this Agreement. In particular, but without limitation to the generality of the foregoing, no breach or inaccuracy of any representations or warranties of the Sellers contained in this Agreement will give rise to any right on the part of the Purchaser to rescind or terminate this Agreement. Notwithstanding anything herein to the contrary, nothing in this Agreement will limit the remedies provided for by applicable laws for fraud or willful misconduct.
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No Other Remedy. The rights and remedies provided in Section 9.1 shall be in lieu of any and all other right or remedy of the Buyer, provided by law (in contract and/or in torts) or otherwise, however arising in connection with any breach of the representations and warranties covenants PRIVILEGED & CONFIDENTIAL EXECUTION COPY and/or obligations (other than covenants under Section 11.1 and 11.2) of the Seller contained in this Agreement. Notwithstanding anything to the contrary contained in this Agreement, no breach or inaccuracy of any covenants, (other than covenants under Section 4.3(iv), 4.3(viii) representations or warranties of the Seller contained in this Agreement will give rise to any right on the part of the Buyer to rescind or terminate this Agreement.
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No Other Remedy. Except as specifically set forth in this Agreement or the other Transaction Documents or in any other agreement executed in connection herewith, at and after the Closing, this ‎Article 8 will provide the sole and exclusive remedy for inaccuracy or breach of any representations or warranty, any breach or non-fulfillment of any covenant or other agreement, or claim arising out of or related to this Agreement or the Transactions, and each Party waives, effective as of the Closing, all other rights and claims in Law or equity with respect to such matters.
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No Other Remedy. 9.7.1 The Parties hereto acknowledge and agree that, from and after the Closing, their sole and exclusive remedy with respect to any and all claims relating to the breach of representations, and warranties contained in this Agreement (other than any claims for fraud) shall be pursuant to the indemnification provisions set forth in this ARTICLE 9; provided, however, that this sentence shall not limit the rights of the Parties hereto to seek specific performance of any provision of this Agreement. In furtherance of the foregoing, each of the Parties hereto hereby waives, to the fullest extent permitted under applicable law, any and all other rights, claims and causes of action it may have, from and after the Closing, against the other Party or their respective officers, directors, employees, agents, representatives and Affiliates relating to the breach of representations and warranties contained in this Agreement.
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No Other Remedy. 14.4.1 It is specifically agreed that the Sellers’ liability in relation to the Company’s business is exclusively governed by the Sellers’ Warranties and the Specific Warranty and thus no remedy whatsoever under the Sale of Goods Act (Sw. Köplagen (1990:931)) or under any other statute, law or legal principle, including (but not limited to) the right to rescind this Agreement, shall be available to the Buyer.
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No Other Remedy. Without affecting in any way the right of adjustment to the Purchase Price contemplated in Article 2 hereof, or the right to seek injunctive or similar relief, no Party hereto shall have any remedy for any breach of any representation, warranty or covenant set forth in this Agreement or in any Closing Document (other than Non-Competition Agreements delivered in connection with this Agreement), except for a claim for indemnification made pursuant to and subject to the provisions and limitations contained in this Article 5, it being acknowledged and agreed that the remedies provided in this Article 5 constitute the sole and exclusive remedies for recovery against a Party hereto based upon the breach of any representation, warranty, covenant or obligation of such Party pursuant to this Agreement and any Closing Document.
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No Other Remedy. Except as specifically set forth in this Agreement or the other Transaction Documents or in any other agreement executed as of the date of this Agreement in connection herewith, at and after the Closing, this Article 9 will provide the exclusive remedy for any misrepresentation, breach of warranty, covenant or other agreement or claim arising out of or related to the this Agreement or the transactions contemplated hereby, and the Purchaser hereby waives, effective as of the Closing, all other rights and claims in law or equity with respect to such matters including claims for contribution or other rights of recovery arising out of or relating to any environmental law (whether now or hereinafter in effect), claims for rescission, claims for breach of contract, breach of representation or warranty, negligent misrepresentation and all other claims for breach of duty with respect thereto.
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Related to No Other Remedy

  • Other Remedies Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.

  • Exclusion of Other Remedies The provisions of Sections 6.03, 6.04 and 6.05 of this Agreement shall, to the maximum extent permitted by applicable Law, be the sole and exclusive remedies of the Provider Indemnified Parties and the Recipient Indemnified Parties, as applicable, for any claim, loss, damage, expense or liability, whether arising from statute, principle of common or civil law, principles of strict liability, tort, contract or otherwise under this Agreement, except as set forth in Section 8.03.

  • No Other Waiver Except as set forth in Paragraph 8 hereof, the execution of this Amendment and acceptance of any documents related hereto shall not be deemed to be a waiver of any Default or Event of Default under the Credit Agreement or breach, default or event of default under any Security Document or other document held by the Lender, whether or not known to the Lender and whether or not existing on the date of this Amendment.

  • No Other Rights Except for the rights expressly granted under this Agreement, no right, title, or interest of any nature whatsoever is granted whether by implication, estoppel, reliance, or otherwise, by a Party to the other Party. All rights with respect to Information, Patent or other intellectual property rights that are not specifically granted herein are reserved to the owner thereof.

  • No Waiver; Remedies No failure on the part of any Lender or the Agent to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.

  • No Other Representation Each of the parties represents, warrants, and agrees that in executing this Agreement it has relied solely on the statements set forth herein and the advice of its own counsel. Each of the parties further represents, warrants, and agrees that in executing this Agreement it has placed no reliance on any statement, representation, or promise of any other party, or any other person or entity not expressly set forth herein, or upon the failure of any party or any other person or entity to make any statement, representation or disclosure of anything whatsoever. The parties have included this clause: (1) to preclude any claim that any party was in any way fraudulently induced to execute this Agreement; and (2) to preclude the introduction of parol evidence to vary, interpret, supplement, or contradict the terms of this Agreement.

  • No Other Rights Granted Proprietary Information shall remain the property of the Originating Party. Neither this Agreement nor disclosure of Proprietary Information hereunder shall be construed as granting any right or license under any trade secrets, copyrights, inventions, patents or other Intellectual Property now or hereafter owned or controlled by either Party.

  • No Adequate Remedy The parties declare that it is impossible to measure in money the damages which will accrue to either party by reason of a failure to perform any of the obligations under this Agreement and therefore injunctive relief is appropriate. Therefore, if either party shall institute any action or proceeding to enforce the provisions hereof, such party against whom such action or proceeding is brought hereby waives the claim or defense that such party has an adequate remedy at law, and such party shall not urge in any such action or proceeding the claim or defense that such party has an adequate remedy at law.

  • EQUITABLE RELIEF AND OTHER REMEDIES The parties acknowledge and agree that the other party’s remedies at law for a breach or threatened breach of any of the provisions of this Section would be inadequate and, in recognition of this fact, the parties agree that, in the event of such a breach or threatened breach, in addition to any remedies at law, the other party, without posting any bond, shall be entitled to obtain equitable relief in the form of specific performance, temporary restraining order, a temporary or permanent injunction or any other equitable remedy which may then be available.

  • No Other Representations No representation, promise or inducement has been made by either party that is not embodied in this Agreement, and neither party shall be bound by or be liable for any alleged representation, promise or inducement not so set forth.

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