Common use of Exclusivity of Remedy Clause in Contracts

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 Ancillary Agreements 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 set out in the Coordinating Agreement.

Exclusivity of Remedy. Except as provided in Section 10.39.2, with respect to any breach by either ----------- party of its representations, warranties, covenants covenants, or agreements in this Agreement, Agreement or the respective Buyer Ancillary Agreements or Seller Ancillary Agreements Agreements, or the ROW Agreements, Agreements and the transactions contemplated hereby and thereby, the sole and exclusive remedy of the other party (in contract, tort, for contribution contribution, under Requirements of Law Law, or otherwise) shall be the indemnification provided in the Coordinating Agreement. In view of this exclusivity of remedy provision, the Buyer and the 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 or indemnity therefor except as set out provided in the Coordinating Agreement.

Exclusivity of Remedy. Except as provided in Section 10.39.2, with respect to any breach by either party of its representations, warranties, covenants covenants, or agreements in this Agreement, Agreement or the respective Buyer Ancillary Agreements or Seller Ancillary Agreements Agreements, or the ROW Agreements, Agreements and the transactions contemplated hereby and thereby, the sole and exclusive remedy of the other party (in contract, tort, for contribution contribution, under Requirements of Law Law, or otherwise) shall be the indemnification provided in the Coordinating Agreement. In view of this exclusivity of remedy provision, the Buyer and Seller the Sellers 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 or indemnity therefor except as set out provided in the Coordinating Agreement.

Exclusivity of Remedy. Except as provided in Section 10.3, with respect to any breach by either party ------------ of its representations, warranties, covenants covenants, or agreements in this Agreement, the respective Buyer Ancillary Agreements 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 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 set out in the Coordinating Agreement.

Exclusivity of Remedy. Except as provided in Section 10.3, with With respect to any breach by either --------------------- party of its representations, warranties, covenants covenants, or agreements in this Agreement, the respective Buyer Ancillary Agreements or Seller Ancillary Agreements Agreements, or the ROW Agreements, Agreements and the transactions contemplated hereby and thereby, the sole and exclusive remedy of the other party (in contract, tort, for contribution contribution, under Requirements of Law 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 or indemnity therefore except as set out provided in the Coordinating Agreement.

Exclusivity of Remedy. Except as provided in Section 10.39.3, --------------------- ----------- with respect to any breach by either party of its representations, warranties, covenants covenants, or agreements in this Agreement, the respective Buyer Ancillary Agreements or Seller Ancillary Agreements Agreements, or the ROW Agreements, Agreements and the transactions contemplated hereby and thereby, the sole and exclusive remedy of the other party (in contract, tort, for contribution contribution, under Requirements of Law 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 or indemnity therefor except as set out provided in the Coordinating Agreement.

Exclusivity of Remedy. Except as provided in Section 10.3, 10.3 --------------------- ------------ with respect to any breach by either party of its representations, warranties, covenants covenants, or agreements in this Agreement, the respective Buyer Ancillary Agreements or Seller Ancillary Agreements Agreements, or the ROW Agreements, 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 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 set out provided in the Coordinating Agreement.