Exceptions to Limitations. Except as set forth in Section 5.08, 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, based on any fraudulent action, intentional misrepresentation or intentional breach of any warranty or representation.
Appears in 1 contract
Exceptions to Limitations. Except as set forth in Section 5.08, nothing 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, based on any fraudulent actionintentional misrepresentation, intentional misrepresentation or intentional breach of any warranty or representationother fraud.
Appears in 1 contract
Sources: Plan of Reorganization and Agreement of Merger (Maverick Tube Corporation)
Exceptions to Limitations. Except as set forth in Section 5.08, nothing Nothing herein shall be deemed to limit or restrict in any manner any rights or remedies that which any Indemnified Party or Selling Shareholder has, or might have, at law, in equity or otherwise, against any other Party, party based on any fraudulent actionsuch party’s willful misrepresentation, intentional misrepresentation or intentional willful breach of any warranty or representationwillful failure to fulfill any agreement or covenant set forth herein.
Appears in 1 contract
Sources: Merger Agreement (Solar Power, Inc.)
Exceptions to Limitations. Except as set forth in Section 5.08, nothing Nothing herein shall be deemed to limit ------------------------- or restrict in any manner any rights or remedies that which any Party party has, or might have, at law, in equity or otherwise, against any other Party, party based on any a fraudulent action, intentional misrepresentation or intentional breach of any warranty or representationmisrepresentation.
Appears in 1 contract
Sources: Asset Purchase Agreement (Telespectrum Worldwide Inc)
Exceptions to Limitations. Except as set forth in Section 5.086.07, 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, based on any fraudulent action, intentional willful misrepresentation or intentional willful breach of any warranty or representation.
Appears in 1 contract
Sources: Merger Agreement (Verticalnet Inc)
Exceptions to Limitations. Except as set forth in Section 5.08, nothing Nothing herein shall be deemed to limit or ------------------------- restrict in any manner any rights or remedies that which any Party party has, or might have, at law, in equity or otherwise, against any other Party, based on any fraudulent action, intentional a willful misrepresentation or intentional willful breach of any warranty or representationhereunder.
Appears in 1 contract
Sources: Merger Agreement (Acsys Inc)
Exceptions to Limitations. Except as set forth in Section 5.08, nothing 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, based on any fraudulent action, intentional willful misrepresentation or intentional willful breach of any warranty or representation.
Appears in 1 contract
Sources: Merger Agreement (Verticalnet Inc)
Exceptions to Limitations. Except as set forth in Section 5.08, nothing Nothing herein shall be deemed to limit or restrict in any manner any rights or remedies that any Party party has, or might have, at law, in equity or otherwise, against any other Partyparty hereto, based on any fraudulent actionwillful misrepresentation, intentional misrepresentation or intentional any willful breach of any warranty a covenant or representationagreement contained herein or other intentional torts or fraud; provided however that no party shall be entitled to assert such a claim unless the amount of such claim exceeds $25,000.
Appears in 1 contract
Exceptions to Limitations. Except as set forth in Section 5.08, nothing Nothing herein shall be deemed to limit or restrict in any manner any rights or remedies that any Party party has, or might have, at law, in equity or otherwise, against any other Partyparty hereto, based on fraud or willful failure to fulfill any fraudulent action, intentional misrepresentation agreement or intentional breach of any warranty or representationcovenant.
Appears in 1 contract
Sources: Agreement and Plan of Reorganization (Memberworks Inc)
Exceptions to Limitations. Except as set forth in Section 5.087.10, nothing herein shall be deemed to limit or restrict in any manner any rights or remedies that any Party party has, or might have, at law, in equity or otherwise, against any other Partyparty, based on any fraudulent action, intentional willful misrepresentation or intentional willful breach of any warranty or representation.
Appears in 1 contract
Sources: Merger Agreement (Digirad Corp)
Exceptions to Limitations. Except as set forth in Section 5.08, nothing Nothing herein shall be deemed to limit or restrict in any manner any rights or remedies that any Party party has, or might have, at law, in equity or otherwise, against any other Partyparty hereto, based on any fraudulent actionfraud, intentional misrepresentation or intentional willful misrepresentation, willful breach of any warranty or representationwillful failure to fulfill any agreement or covenant.
Appears in 1 contract
Exceptions to Limitations. Except as set forth in Section 5.08, nothing 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, based on any fraudulent action, intentional willful misrepresentation or intentional willful breach of any warranty or representationwarranty.
Appears in 1 contract
Sources: Merger Agreement (Verticalnet Inc)
Exceptions to Limitations. Except as set forth in Section 5.08, nothing Nothing herein shall be deemed to limit or restrict in any manner any rights or remedies that any Party party has, or might have, at law, in equity or otherwise, against any other Partyparty hereto, based on any fraudulent actionwillful misrepresentation, intentional misrepresentation or intentional willful breach of any warranty or representationwillful failure to fulfill any agreement or covenant.
Appears in 1 contract
Sources: Agreement and Plan of Reorganization (DBT Online Inc)