Common use of Indemnification as Sole Remedy Clause in Contracts

Indemnification as Sole Remedy. The indemnification provided for in this Article 5 shall be the sole and exclusive remedy and recourse of the Parties for any breach of this Agreement. Notwithstanding anything in this Agreement to the contrary, (a) in the case of fraud or willful misconduct, the Buyer Indemnified Parties or the Seller Indemnified Parties, as applicable, shall have all remedies available under this Agreement or otherwise, without giving effect to any of the limitations contained herein, and (b) nothing herein shall limit any Party’s right to seek and obtain equitable remedies with respect to any covenant or agreement contained in this Agreement.

Indemnification as Sole Remedy. The Following the Closing, the indemnification provided for in this Article 5 VII shall be the sole and exclusive remedy and recourse of the Parties for any breach of this Agreement. Notwithstanding the foregoing or anything else in this Agreement to the contrary, (a) in the case of fraud or willful misconductfraud, the Buyer Indemnified Parties or the Seller Purchaser Indemnified Parties, as applicable, shall have all remedies available under this Agreement or otherwise, otherwise at Law without giving effect to any of the limitations or waivers contained herein, and (b) nothing herein shall limit any Party’s right to seek and obtain equitable remedies with respect to any covenant or agreement contained in this AgreementAgreement or any Transaction Document.