No Waiver Relating to Claims for Fraud/Willful Misconduct. The liability of any party under this Article VII shall be in addition to, and not exclusive of, any other liability that such party may have at law or in equity based on such party’s (a) fraudulent acts or omissions or (b) willful misconduct. None of the provisions set forth in this Agreement shall be deemed to be a waiver by or release of any party of any right or remedy that such party may have at law or equity based on any other party’s fraudulent acts or omissions or willful misconduct nor shall any such provisions limit, or be deemed to limit, (i) the amounts of recovery sought or awarded in any such claim for fraud or willful misconduct, (ii) the time period during which a claim for fraud or willful misconduct may be brought, or (iii) the recourse that any such party may seek against another party with respect to a claim for fraud or willful misconduct.
Appears in 14 contracts
Samples: Agreement and Plan of Merger (Navios Maritime Partners L.P.), Agreement and Plan of Merger (Navios Maritime Containers L.P.), Agreement and Plan of Merger (Navios Maritime Partners L.P.)
No Waiver Relating to Claims for Fraud/Willful Misconduct. The liability of any party under this Article VII V shall be in addition to, and not exclusive of, any other liability that such party may have at law or in equity based on such party’s (a) fraudulent acts or omissions or (b) willful misconduct. None of the provisions set forth in this Agreement shall be deemed to be a waiver by or release of any party of any right or remedy that which such party may have at law or equity based on any other party’s fraudulent acts or omissions or willful misconduct nor shall any such provisions limit, or be deemed to limit, (i) the amounts of recovery sought or awarded in any such claim for fraud or willful misconduct, (ii) the time period during which a claim for fraud or willful misconduct may be brought, or (iii) the recourse that which any such party may seek against another party with respect to a claim for fraud or willful misconduct.
Appears in 4 contracts
Samples: Purchase and Sale Agreement (Duke Energy Corp), Purchase and Sale Agreement (El Paso Corp/De), Securities Purchase Agreement (Enterprise GP Holdings L.P.)
No Waiver Relating to Claims for Fraud/Willful Misconduct. The liability of any party under this Article VII VIII shall be in addition to, and not exclusive of, any other liability that such party may have at law or in equity based on such party’s (a) fraudulent acts or omissions or (b) willful misconduct. None of the provisions set forth in this Agreement shall be deemed to be a waiver by or release of any party of any right or remedy that such party may have at law or equity based on any other party’s fraudulent acts or omissions or willful misconduct nor shall any such provisions limit, or be deemed to limit, (i) the amounts of recovery sought or awarded in any such claim for fraud or willful misconduct, (ii) the time period during which a claim for fraud or willful misconduct may be brought, or (iii) the recourse that any such party may seek against another party with respect to a claim for fraud or willful misconduct.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Williams Pipeline Partners L.P.), Agreement and Plan of Merger (Plains All American Pipeline Lp), Agreement and Plan of Merger (Pacific Energy Partners Lp)
No Waiver Relating to Claims for Fraud/Willful Misconduct. The liability of any party under this Article VII V shall be in addition to, and not exclusive of, any other liability that such party may have at law or in equity based on such party’s (a) fraudulent acts or omissions or (b) willful misconduct. None of the provisions set forth in this Agreement shall be deemed to be a waiver by or release of any party of any right or remedy that such party may have at law or equity based on any other party’s fraudulent acts or omissions or willful misconduct nor shall any such provisions limit, or be deemed to limit, (i) the amounts of recovery sought or awarded in any such claim for fraud or willful misconduct, (ii) the time period during which a claim for fraud or willful misconduct may be brought, or (iii) the recourse that any such party may seek against another party with respect to a claim for fraud or willful misconduct.
Appears in 2 contracts
Samples: Purchase Agreement (Plains All American Pipeline Lp), Purchase Agreement (Pacific Energy Partners Lp)
No Waiver Relating to Claims for Fraud/Willful Misconduct. The liability of any party under this Article VII IV shall be in addition to, and not exclusive of, any other liability that such party may have at law or in equity based on such party’s (a) fraudulent acts or omissions or (b) willful misconduct. None of the provisions set forth in this Agreement shall be deemed to be a waiver by or release of any party of any right or remedy that which such party may have at law or equity based on any other party’s fraudulent acts or omissions or willful misconduct nor shall any such provisions limit, or be deemed to limit, (i) the amounts of recovery sought or awarded in any such claim for fraud or willful misconduct, (ii) the time period during which a claim for fraud or willful misconduct may be brought, or (iii) the recourse that which any such party may seek against another party with respect to a claim for fraud or willful misconduct.
Appears in 2 contracts
Samples: Purchase and Sale Agreement (Colorado Interstate Gas Co), Purchase and Sale Agreement (Colorado Interstate Gas Co)
No Waiver Relating to Claims for Fraud/Willful Misconduct. The Notwithstanding any provision of this Agreement to the contrary the liability of any party under this Article VII VIII shall be in addition to, and not exclusive of, any other liability that such party may have at law or in equity based on such party’s (a) fraudulent acts or omissions or (b) willful misconduct. None of the provisions set forth in this Agreement shall be deemed to be a waiver by or release of any party of any right or remedy that such party may have at law or equity based on any other party’s fraudulent acts or omissions or willful misconduct misconduct, whether or not such fraud relates to a representation made in this Agreement, nor shall any such provisions limit, or be deemed to limit, (i) the amounts of recovery sought or awarded in any such claim for fraud or willful misconduct, (ii) the time period during which a claim for fraud or willful misconduct may be brought, or (iii) the recourse that any such party may seek against another party with respect to a claim for fraud or willful misconduct.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Tesoro Logistics Lp), Agreement and Plan of Merger (QEP Midstream Partners, LP)
No Waiver Relating to Claims for Fraud/Willful Misconduct. The liability of any party under this Article VII shall be in addition to, and not exclusive of, any other liability that such party may have at law or in equity based on such party’s (a) fraudulent acts or omissions or (b) willful misconduct. None of the provisions set forth in this Agreement shall be deemed to be a waiver by or release of any party of any right or remedy that such party may have at law or equity based on any other party’s fraudulent acts or omissions or willful misconduct nor shall any such provisions limit, or be deemed to limit, (i) the amounts of recovery sought or awarded in any such claim for fraud or willful misconduct, (ii) the time period during which a claim for fraud or willful misconduct may be brought, or (iii) the recourse that any such party may seek against another party with respect to a claim for fraud or willful misconduct. Without limiting the rights of the Parent Group Entities under this Agreement, the RRMS Parties shall not have any liability for monetary damages for any breach of, or inaccuracy in, any representation or warranty made by the RRMS Parties, and the Parent Parties shall not have any liability for monetary damages for any breach of Section 5.1(b)(vii).
Appears in 2 contracts
Samples: Agreement and Plan of Merger (SemGroup Corp), Agreement and Plan of Merger
No Waiver Relating to Claims for Fraud/Willful Misconduct. The liability of any party under this Article VII XI shall be in addition to, and not exclusive of, any other liability that such party may have at law or in equity based on such party’s (ax) fraudulent acts or omissions or (by) willful misconduct. None of the provisions set forth in this Agreement shall be deemed to be a waiver by or release of any party to this Agreement of any right or remedy that which such party may have at law or in equity based on any other party’s fraudulent acts or omissions or willful misconduct nor shall any such provisions limit, or be deemed to limit, (i) the amounts of recovery sought or awarded in any such claim for fraud or willful misconduct, (ii) the time period during which a claim for fraud or willful misconduct may be brought, or (iii) the recourse that which any such party may seek against another party with respect to a claim for fraud or willful misconduct.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Gasco Energy Inc), Agreement and Plan of Merger (Brek Energy Corp)
No Waiver Relating to Claims for Fraud/Willful Misconduct. The liability of any party under this Article VII 9 shall be in addition to, and not exclusive of, any other liability that such party may have at law or in equity based on such party’s (a) fraudulent acts or omissions or (b) willful misconduct. None of the provisions set forth in this Agreement shall be deemed to be a waiver by or release of any party of any right or remedy that which such party may have at law or equity based on any other party’s fraudulent acts or omissions or willful misconduct nor shall any such provisions limit, or be deemed to limit, (i) the amounts of recovery sought or awarded in any such claim for fraud or willful misconduct, (ii) the time period during which a claim for fraud or willful misconduct may be brought, or (iii) the recourse that which any such party may seek against another party with respect to a claim for fraud or willful misconduct.
Appears in 1 contract
No Waiver Relating to Claims for Fraud/Willful Misconduct. The liability of any party under this Article VII 8 shall be in addition to, and not exclusive of, any other liability that such party may have at law or in equity based on such party’s (a) fraudulent acts or omissions or (b) willful misconduct. None of the provisions set forth in this Agreement shall be deemed to be a waiver by or release of any party of any right or remedy that which such party may have at law or equity based on any other party’s fraudulent acts or omissions or willful misconduct nor shall any such provisions limit, or be deemed to limit, (i) the amounts of recovery sought or awarded in any such claim for fraud or willful misconduct, (ii) the time period during which a claim for fraud or willful misconduct may be brought, or (iii) the recourse that which any such party may seek against another party with respect to a claim for fraud or willful misconduct.
Appears in 1 contract
No Waiver Relating to Claims for Fraud/Willful Misconduct. The liability of any party under this Article VII V shall be in addition to, and not exclusive of, any other liability that such party may have at law or in equity based on such party’s 's (a) fraudulent acts or omissions or (b) willful misconduct. None of the provisions set forth in this Agreement shall be deemed to be a waiver by or release of any party of any right or remedy that which such party may have at law or equity based on any other party’s 's fraudulent acts or omissions or willful misconduct nor shall any such provisions limit, or be deemed to limit, (i) the amounts of recovery sought or awarded in any such claim for fraud or willful misconduct, (ii) the time period during which a claim for fraud or willful misconduct may be brought, or (iii) the recourse that which any such party may seek against another party with respect to a claim for fraud or willful misconduct.. -44-
Appears in 1 contract
Samples: Limited Liability Company Agreement (El Paso Corp/De)
No Waiver Relating to Claims for Fraud/Willful Misconduct. The liability Liability of any party under this Article VII VIII shall be in addition to, and not exclusive of, any other liability Liability that such party may have at law or in equity based on such party’s (a) fraudulent acts or omissions or (b) willful misconductmisconduct or Willful and Material Breach. None of the provisions set forth in this Agreement shall be deemed to be a waiver by or release of any party of any right or remedy that such party may have at law or equity based on any other party’s fraudulent acts or omissions or willful misconduct nor shall any such provisions limit, or be deemed to limit, (i) the amounts of recovery sought or awarded in any such claim for fraud or willful misconductmisconduct or Willful and Material Breach, (ii) the time period during which a claim for fraud or willful misconduct or Willful and Material Breach may be brought, or (iii) the recourse that any such party may seek against another party with respect to a claim for fraud or willful misconductmisconduct or Willful and Material Breach.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Broadstone Net Lease, Inc.)
No Waiver Relating to Claims for Fraud/Willful Misconduct. The liability of any party under this Article VII ARTICLE VIII shall be in addition to, and not exclusive of, any other liability that such party may have at law or in equity based on such party’s 's (a) fraudulent acts or omissions or (b) willful misconduct. None of the provisions set forth in this Agreement shall be deemed to be a waiver by or release of any party of any right or remedy that which such party may have at law or equity based on any other party’s 's fraudulent acts or omissions or willful misconduct nor shall any such provisions limit, or be deemed to limit, (i) the amounts of recovery sought or awarded in any such claim for fraud or willful misconduct, (ii) the time period during which a claim for fraud or willful misconduct may be brought, or (iii) the recourse that which any such party may seek against another party with respect to a claim for fraud or willful misconduct.
Appears in 1 contract
Samples: Merger Agreement (Enterprise Products Partners L P)
