Exclusivity of Remedy. Notwithstanding anything to the contrary set forth in this Agreement, if Company pays or causes to be paid to Buyer or to Buyer Bank the Termination Fee, neither Company nor Company Bank (or any successor in interest of Company or Company Bank) will have any further obligations or liabilities to Buyer or Buyer Bank with respect to this Agreement or the transactions contemplated by this Agreement.
Exclusivity of Remedy. The credits described herein are customer’s sole remedy for failure to meet any criteria, standard, measurement, goal, or objective set forth in this Service Level Agreement, regardless of cause. In no event shall the cumulative credits for all missed measurements in any month exceed the payments by Customer for recurring charges in that month.
Exclusivity of Remedy. 9.8.1 The indemnification provided for in this Article 9 shall be the exclusive remedy of the Purchaser against the Sellers in respect of all Claims.
Exclusivity of Remedy. Except as provided in Section 10.3 --------------------- ------------ with respect to any breach by either party of its representations, warranties, covenants, or agreements in this Agreement, the respective Buyer or Seller Ancillary Agreements, or the ROW Agreements and the transactions contemplated hereby and thereby, the sole and exclusive remedy of the other party (in contract, tort, for contribution under Requirements of Law, or otherwise) shall be the indemnification provided in the Coordinating Agreement. In view of this exclusivity of remedy provision, Buyer and Seller covenant and agree for themselves and their respective Affiliates that they will not bring, maintain, join or prosecute any Action or other proceeding against the other or its Affiliates for breach of this Agreement except as provided in the Coordinating Agreement.
Exclusivity of Remedy. Except with respect to Section 8.07 and Article X of the Acquisition Agreement, indemnification pursuant to the provisions of this Article VI shall be the exclusive remedy of the parties for any misrepresentation or breach of any warranty or covenant contained in this Agreement or in any closing document executed and delivered pursuant to the provisions hereof. Notwithstanding the foregoing, the provisions of Section 8.07(c) shall apply, mutatis mutandis, to indemnification claims referred to in Section 6.01, Section 6.02, Section 8.07(a) or Section 8.07(b).
Exclusivity of Remedy. The remedies provided to the Buyer under Subparagraphs 2.7.2 and 4.6 above are mutually exclusive and not cumulative.
Exclusivity of Remedy. Notwithstanding anything to the contrary set forth in this Agreement, if Sandwich pays or causes to be paid to 1855 Bancorp or to Compass Bank the Expense Fee, neither Sandwich nor Sandwich Bank will have any further obligations or liabilities to 1855 Bancorp or Compass Bank with respect to this Agreement or the transactions contemplated by this Agreement.
Exclusivity of Remedy. The indemnification provided in this Article 15 shall be the exclusive remedy of the Sellers’ Retained Group Companies against the Buyer under this Agreement or in respect of the subject matter covered by the representation or warranties of the Buyer contained herein, the Transferred Assets or the Transferred Liabilities and, except in the case of fraud or willful misconduct (dol), General Motors hereby waives any rights to rescission it may have.
Exclusivity of Remedy. Notwithstanding anything to the contrary set forth in this Agreement, if the Seller pays or causes to be paid to the Buyer the Seller Special Payment, neither the Seller nor any affiliate will have any further obligations or liabilities to the Buyer or the Buyer Bank or any other person with respect to this Agreement or the transactions contemplated by this Agreement, it being understood, however, that payment of the Seller Special Payment shall not have any effect on the respective rights and obligations of the parties pursuant to the Stock Option Agreement.
Exclusivity of Remedy. Notwithstanding any provision of this Agreement to the contrary, the Parties’ sole recourse following the Closing for any breach of any representation, warranty, agreement or covenant contained herein, or for any Losses or any other matters arising under this Agreement or the transaction contemplated hereby shall be the recovery of indemnification payments under this Article IX.
