Example ContractsClausesNon Exclusive Remedy
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Exclusive Remedy. Except with respect to Actions arising out of or relating to Fraud, each of the parties hereto expressly acknowledges and agrees that the indemnification provisions set forth in this ARTICLE VIII shall be the sole and exclusive remedy of the Parties with respect to any breaches of the representations, warranties, covenants, or agreements set forth in this Agreement or any of the certificates and instruments to be executed or delivered in connection with or pursuant to this Agreement. Nothing in this [Section 8.8] shall limit any Person’s right to seek and obtain any equitable relief to which any Person shall be entitled or to seek any remedy on account of any party’s Fraud.

Exclusive Remedy. In the event of a termination of Executive’s employment with the Company pursuant to [Section 3(a)] or [Section 3(b)], the provisions of this [Section 3] are intended to be and are exclusive and in lieu of any other rights or remedies to which Executive or the Company may otherwise be entitled, whether at law, tort or contract, in equity, or under this Agreement (other than the payment of accrued but unpaid wages, as required by law, and any unreimbursed reimbursable expenses). Executive will be entitled to no other severance, benefits, compensation or other payments or rights upon a termination of employment, including, without limitation, any severance payments and/or benefits provided in the Employment Agreement, other than those benefits expressly set forth in [Section 3] of this Agreement or pursuant to written equity award agreements with the Company.

Exclusive Remedy. The amounts payable pursuant to this [Section 5] shall constitute Executive’s sole and exclusive remedy in the event of the termination of Executive’s employment in accordance with [Section 5(a)].

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AT THE SOLE OPTION OF LICENSOR, THE MAXIMUM LIABILITY OF THE LICENSOR WILL BE LIMITED EXCLUSIVELY TO EITHER: REPAIR, REPLACEMENT OR MODIFICATION OF THE NON- CONFORMING COMPONENTS OF THE SYSTEM, OR IF LICENSOR IS UNABLE TO REMEDY, THE REFUND OF A MAXIMUM OF THE THEN CURRENT MONTH OF FEES PAID BY LICENSOR.

Exclusive Remedy. Except as otherwise expressly required by law (e.g., COBRA) or as specifically provided herein, all of Executive’s rights to salary, severance, benefits, bonuses and other amounts hereunder (if any) accruing after the termination of Executive’s employment shall cease upon such termination. In the event of a termination of Executive’s employment with the Company, and except in the event of violation of applicable law by the

Remedy. If Client breaches this Agreement by not paying any compensation or fee payments due, Consultant may terminate or suspend all performances or services remaining to be rendered by Consultant under this Agreement and Client will remain liable for all remaining payments due under this Agreement.

Non-exclusive remedy for breach of clause 8.1(d)

Exclusive Remedy; Nature of Representations and Warranties. Following the Closing Date, the sole and exclusive remedy (other than claims arising from fraud) # for any inaccuracy or breach of any representation, warranty, covenant or agreement contained in this Agreement, or # otherwise relating to the subject matter of this Agreement shall be subject to indemnification in accordance with this [Article IX] and [Section 10.2], and no Person will have any other entitlement, remedy or recourse, whether in contract, tort or otherwise. In furtherance of the foregoing, each Party hereby waives, to the fullest extent permitted by Law, any and all rights, claims and causes of action for any breach of any such representation, warranty, covenant or agreement or otherwise relating to the subject matter of this Agreement it may have against the other Party hereto and its Affiliates arising under or based upon any Law, except pursuant to the indemnification provisions set forth in this [Article IX] and [Section 10.2] (and, for the avoidance of doubt, the foregoing waiver shall not limit any Purchaser Indemnified Party’s rights under the R&W Insurance Policy or any other insurance). Notwithstanding the foregoing, this [Section 9.8] shall not interfere with or impede the operation of the provisions of [Section 2.5(d)(ii)] providing for the resolution of certain disputes relating to the Purchase Price between the parties and/or by an Accounting Referee. Nothing in this [Section 9.8] shall limit any Party’s rights under [Section 12.9].

Non-exclusivity of Remedies. No remedy conferred upon the Administrative Agent or is intended to be exclusive of any other remedy, and each remedy shall be cumulative of all other remedies existing by contract, at law, in equity, by statute or otherwise.

Legal Remedy. After exhaustion of the claims procedure as provided under this Plan, nothing will prevent any person from pursuing any other legal remedy.

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