Exception to Limitations. Notwithstanding the provisions of Sections 3.1 and 3.2, the Company and any Subsidiary may issue, incur, create, assume or guarantee debt secured by Liens and enter into Sale and Lease-Back Transactions that would otherwise be subject to the restrictions in Sections 3.1 and 3.2, respectively, provided (a) the aggregate outstanding principal amount of all other debt of the Company and its Subsidiaries that is subject to the restrictions in Section 3.1 (not including debt permitted to be secured under clauses (a) to (f) inclusive of Section 3.1), plus (b) the aggregate Attributable Debt in respect of the Sale and Lease-Back Transactions in existence at such time (not including Sale and Lease-Back Transactions permitted by Section 3.2(i) or (ii)), does not exceed 15% of the Consolidated Net Tangible Assets.
Exception to Limitations. Nothing herein shall be deemed to limit or restrict in any manner any rights or remedies that any party has, or might have, at law, in equity or otherwise, against any other party hereto, based on any willful misrepresentation, willful breach of warranty or willful failure to fulfill any agreement or covenant.
Exception to Limitations. Nothing in this Agreement shall exclude or limit the liability of a Party, to the extent such liability may not be excluded or limited, as a matter of law.
Exception to Limitations. The limitations of liability set forth in Sections 9.1 and 9.2 above will not apply to damages arising from claims for bodily injury or tangible property damage resulting from F5’s gross negligence or willful misconduct, or for any liability which F5 is not, and to the extent that it is not, lawfully permitted to limit or exclude.
Exception to Limitations. Notwithstanding anything in this Section 9.3, the limitations set forth in Sections 9.3(a) and (b) will not apply with respect to any fraud or willful or intentional misrepresentation.
Exception to Limitations. The limitations described in Section 8.3 above shall not apply to a breach of a representation or warranty contained in Sections 3.3, 3.18 or 3.19 hereof (and such representations and warranties shall survive the Closing indefinitely), to Buyer Losses caused by Excluded Liabilities, or to any Losses incurred by Buyer as a result of any actual fraud or intentional or willful misrepresentation on the part of Members in the negotiation or execution of, or performance under, this Agreement.
Exception to Limitations. None of the limitations contained in clauses 9.1 to 9.4 and 9.6 shall apply to any breach of this Agreement which (or the delay in the discovery of which) is the consequence of fraud, by Champion Regal, any member of the Group Company, or any of their shareholders, officers, directors, employees, agents or representatives.
Exception to Limitations. 42 10.7 Payment of Indemnification Obligations....................42 10.8 Right to Set Off..........................................43
Exception to Limitations. For the sake of clarity, the limitations in this Section 8.4 shall not apply to any claim involving fraud, willful breach, or intentional misrepresentation.
Exception to Limitations. THE LIMITATIONS OF THIS SECTION 6.0 SHALL NOT APPLY TO ANY BREACH BY A PARTY OF ITS OBLIGATIONS UNDER SCHEDULE C OF THIS AGREEMENT.
