No Waiver Relating to Claims for Fraud. The liability of any party under ARTICLE 8 shall be in addition to, and not exclusive of any other liability that such party may have at law or equity based on such party's fraudulent acts or omissions. None of the provisions set forth in this Agreement shall be deemed a waiver by any party to this Agreement of any right or remedy which such party may have at law or equity based on any other party's fraudulent acts or omissions, nor shall any such provisions limit, or be deemed to limit, (a) the amounts of recovery sought or awarded in any such claim for fraud, (b) the time period during which a claim for fraud may be brought, or (c) the recourse which any such party may seek against another party with respect to a claim for fraud; provided, that with respect to such rights and remedies at law or equity, the parties further acknowledge and agree that none of the provisions of this Section 9.13, nor any reference to this Section 9.13 throughout this Agreement, shall be deemed a waiver of any defenses which may be available in respect of actions or claims for fraud, including, but not limited to, defenses of statutes of limitations or limitations of damages.
No Waiver Relating to Claims for Fraud. The liability of any party under Article 11 shall be in addition to, and not exclusive of, any other liability that such party may have at law or equity based on such party’s fraudulent acts or omissions. None of the provisions set forth in this Agreement, including but not limited to the provisions set forth in Section 11.5(a) (relating to Minimum Loss), 11.5(b) (relating to De Minimis Losses), 11.5(c) (relating to the limitations on the period of time during which a claim for indemnification may be brought), 11.5(d) (relating to a cap on liability) or 11.5(e) (relating to recourse against escrow funds), or the carve-out of Section 3.1(f)(vi) from the definition of Buyer Indemnified Company Costs, shall be deemed a waiver by any party to this Agreement of any right or remedy which such party may have at law or equity based on any other party’s fraudulent acts or omissions, nor shall any such provisions limit, or be deemed to limit, (i) the amounts of recoveries sought or awarded in any such claim for fraud, (ii) the time period during which a claim for fraud may be brought, or (iii) the recourse which any party may seek against another party with respect to a claim for fraud; provided, that with respect to such rights and remedies at law or equity, the parties further acknowledge and agree that none of the provisions of this Section 13.16 nor any reference to this Section 13.16 throughout this Agreement, shall be deemed a waiver of any defenses which may be available in respect of actions or claims for fraud, including but not limited to, defenses of statutes of limitations or limitations of damages. 81
No Waiver Relating to Claims for Fraud. The liability of any party under Article 8 shall be in addition to, and not exclusive of, any other liability that such party may have at law or equity based on such party's fraudulent acts or omissions. None of the provisions set forth in this Agreement, including but not limited to the provisions set forth in Section 8.5, shall be deemed a waiver by any party to this Agreement of any right or remedy which such party may have at law or equity based on any other party's fraudulent acts or omissions, nor shall any such provisions limit, or be deemed to limit, (a) the time period during which a claim for fraud may be brought, or (b) the recourse which any such party may seek against another party with respect to a claim for fraud; provided, that with respect to such rights and remedies at law or equity, the parties further acknowledge and agree that none of the provisions of this Section 9.2, nor any reference to this Section 9.2 throughout this Agreement, shall be deemed a waiver of any defenses which may be available in respect of actions or claims for fraud, including but not limited to, defenses of statutes of limitations or limitations of damages.
No Waiver Relating to Claims for Fraud. The liability of any Party under Article VI shall be in addition to, and not exclusive of, any other liability that such Party may have at law or equity based on such Party's fraudulent acts or omissions. None of the provisions set forth in this Agreement, including the provisions set forth in Section 6.4(a) (relating to Minimum Loss), Section 6.4(b) (relating to limitations on the time during which a claim for indemnification may be brought), or Section 6.4(c) (relating to a cap on liability), shall be deemed a waiver by any Party of any right or remedy which such Party may have at law or equity based on any other Party's fraudulent acts or omissions with respect to any covenant set forth in this Agreement or any Party's fraudulent acts or omissions, nor shall any such provisions limit, or be deemed to limit, (a) the amounts of recoveries sought or awarded in any claim based on any other Party's fraudulent acts or omissions with respect to any covenant set forth in this Agreement or any Party's fraudulent acts or omissions, (b) the time period during which a claim based on any other Party's fraudulent acts or omissions with respect to any covenant set forth in this Agreement or any Party's fraudulent acts or omissions may be brought, or (c) the recourse which any party may seek against another party with respect to a claim based on any other Party's fraudulent acts or omissions with respect to any covenant set forth in this Agreement or any Party's fraudulent acts or omissions; provided, that with respect to such rights and remedies at law or equity, the Parties further acknowledge and agree that none of the provisions of this Section 6.7 nor any reference to this Section 6.7 throughout this Agreement, shall be deemed a waiver of any defenses which may be available in respect to actions or claims based on any other Party's fraudulent acts or omissions with respect to any covenant set forth in this Agreement or any Party's fraudulent acts or omissions, including defenses of statutes of limitations or limitations of damages. The foregoing notwithstanding, in no event shall any Company stockholder be liable (pursuant to this Section 6.7 or otherwise) to the Indemnified Parties in excess (in the aggregate) of (i) such stockholder's pro rata share of the Escrow Amount delivered to Parent pursuant to the Escrow Agreement, plus (ii) the actual net proceeds received by such stockholder pursuant to this Agreement. Such proceeds shall be valued by dividing the numb...
No Waiver Relating to Claims for Fraud. Notwithstanding anything herein to the contrary, the liability of any party under this Agreement shall be in addition to, and not exclusive of any other liability that such party may have at law or equity based on such party's Fraud. Notwithstanding anything in this Agreement to the contrary, none of the provisions set forth in this Agreement, including, but not limited to, the provisions set forth in Sections 7.1 or 7.2, shall be deemed a waiver by any party to this Agreement of any right or remedy which such party may have at law or equity based on any other party's Fraud, nor shall any such provisions limit, or be deemed to limit, (a) the amounts of recovery sought or awarded in any such claim for Fraud, (b) the time period during which such a claim for Fraud may be brought, or (c) the recourse which any such party may seek against another party with respect to such a claim for Fraud.
No Waiver Relating to Claims for Fraud. The liability of any party under Article XI shall be in addition to, and not exclusive of any other liability that such party may have at law or equity based on such party's fraudulent acts or omissions. None of the provisions set forth in this Agreement, including but not limited to the provisions set forth in Section 11.6(a) (relating to Minimum Loss), 11.6(b) (relating to limitations on the period of time during which a claim for indemnification may be brought), or 11.6(c) (relating to recourse against escrowed funds), shall be deemed a waiver by any party to this Agreement of any right or remedy which such party may have at law or equity based on any other party's fraudulent acts or omissions, 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, (ii) the time period during which a claim for fraud may be brought, or (iii) the recourse which
No Waiver Relating to Claims for Fraud. The liability of any party to this Agreement under ARTICLE VIII will be in addition to, and not exclusive of, any other liability that such party may have at law or equity based on such party’s fraudulent acts or omissions, fraudulent inducement, intentional misrepresentation or willful misconduct. None of the provisions set forth in this Agreement, including the provisions set forth in ARTICLE VIII, will be deemed a waiver by any party to this Agreement of any right or remedy which such party may have at law or equity based on the fraudulent acts or omissions, fraudulent inducement, intentional misrepresentation or willful misconduct, in each case of any other party to this Agreement, nor will any such provisions limit, or be deemed to limit, (a) the amounts of recovery sought or awarded in any such claim for fraudulent acts or omissions, fraudulent inducement, intentional misrepresentation or willful misconduct; (b) the time period during which a claim for fraudulent acts or omissions, fraudulent inducement, intentional misrepresentation or willful misconduct may be brought; or (c) the recourse which any such party may seek against another party with respect to a claim for fraudulent acts or omissions, fraudulent inducement, intentional misrepresentation or willful misconduct; provided, that with respect to such rights and remedies at law or equity, the parties to this Agreement further acknowledge and agree that none of the provisions of this Section 9.2, nor any reference to this Section 9.2 throughout this Agreement, will be deemed a waiver of any defenses which may be available in respect of actions or claims for fraudulent acts or omissions, fraudulent inducement, intentional misrepresentation or willful misconduct, including defenses of statutes of limitations or limitations of damages.
No Waiver Relating to Claims for Fraud. The liability of any Person under Section 9 will be in addition to, and not exclusive of, any other liability that such Person may have at law or in equity based on such Person’s commission of or participation in fraud. Notwithstanding anything to the contrary contained in this Agreement, none of the provisions set forth in this Agreement, including the provisions set forth in Section 9, shall be deemed a waiver by any Indemnitee of any tort right or remedy which such Indemnitee may have at law or in equity based on the commission of or participation by such Person or any of such Person’s directors, officers, employees or agents in fraud, nor will any such provision limit, or be deemed to limit: (a) the amounts of recovery sought or awarded in any such claim for fraud; (b) the time period during which a claim for fraud may be brought; or (c) the recourse which any Indemnitee may seek against such Person with respect to such a claim for fraud. 10.4
No Waiver Relating to Claims for Fraud. Notwithstanding anything herein to the contrary, the liability of any party under Section 10 shall be in addition to, and not exclusive of any other liability that such party may have at law or equity based on such party's fraud, fraudulent inducement or intentional misrepresentation or concealment ("Fraud"). Notwithstanding anything herein to the contrary, none of the provisions set forth in this Agreement, including, but not limited to, the provisions set forth in Sections 10.1 or 10.2 shall be deemed a waiver by any party to this Agreement of any right or remedy which such party may have at law or equity based on any other party's Fraud, nor shall any such provisions limit, or be deemed to limit, (a) the amounts of recovery sought or awarded in any such claim for Fraud, (b) the time period during which such a claim for Fraud may be brought, or (c) the recourse which any such party may seek against another party with respect to such a claim for Fraud. 12.4
No Waiver Relating to Claims for Fraud. The liability of Seller under Section 12.1 shall be in addition to, and not exclusive of any other liability that Seller may have at law or equity based on its fraudulent acts or omissions. None of the provisions set forth in this Agreement, including but not limited to the provisions set forth in Section 12.1 shall be deemed a waiver by Buyer or the Company of any right or remedy which it may have at law or equity based on Seller's fraudulent acts or omissions; provided, that with respect to such rights and remedies at law or equity, the parties acknowledge and agree that none of the provisions of this Section 12.19 shall be deemed a waiver of any defenses which may be available in respect of actions or claims for fraud, including but not limited to, defenses of statutes of limitations or limitations of damages. [Signature page follows]
