Fraud definition
Examples of Fraud in a sentence
Nothing contained in this Section 9.2 shall relieve either Party from (i) liability for any Fraud, or Willful and Material Breach of any provision of this Agreement prior to the termination of this Agreement or (ii) its obligation to pay the Valaris Termination Fee, Transocean Termination Fee or Recovery Costs, as applicable and if, as and when required pursuant to this Article 9.
For the avoidance of doubt, the foregoing limitation shall not apply to any claim based on Fraud, intentional misrepresentation, willful misconduct or gross negligence, and no such claim shall be subject to any cap under this Agreement with respect to the Person that committed such act.
No provision of this Article V shall apply to or limit any claim that a Party committed Fraud in making any representation or warranty contained in Article II (as qualified by the Disclosure Letter) or Article III, which may be brought at any time prior to 5:00 p.m., Pacific Standard Time, on the date that is the 36-month anniversary of the first date on which such Party has knowledge of facts, matters or circumstances from which it is reasonably apparent that the other Party committed Fraud.