No Duplication; Exclusive Remedy. (a) Any liability for indemnification hereunder shall be determined without duplication of recovery by reason of the state of facts giving rise to such liability constituting a breach of more than one representation, warranty, covenant or agreement. (b) Purchaser and Parent hereby acknowledge and agree that, from and after the Closing, their sole remedy with respect to any and all claims arising in connection with the Transactions (other than with respect to fraud or willful breach) shall be pursuant to the indemnification provisions set forth in this Article 8.
Appears in 2 contracts
Sources: Stock Sale Agreement (Infospace Inc), Stock Sale Agreement (Lightbridge Inc)
No Duplication; Exclusive Remedy. (a) Any liability for indemnification hereunder shall be determined without duplication of recovery by reason of the state of facts giving rise to such liability constituting a breach of more than one representation, warranty, covenant or agreement.
(b) . Seller and Purchaser and Parent hereby acknowledge and agree that, from and after the Closing, their sole remedy with respect to any and all claims arising in connection with the Transactions transactions contemplated by this Agreement (other than with respect to fraud or willful breachbreach or as specifically set forth in the Ancillary Agreements) shall be pursuant to the indemnification provisions set forth in this Article 8VII.
Appears in 2 contracts
Sources: Stock Purchase Agreement (Science Applications International Corp), Stock Purchase Agreement (Science Applications International Corp)
No Duplication; Exclusive Remedy. (a) Any liability for indemnification hereunder shall be determined without duplication of recovery by reason of the state of facts giving rise to such liability constituting a breach of more than one representation, representation or warranty, covenant or agreement.
(b) . Seller and Purchaser and Parent hereby acknowledge and agree that, from and after the Closing, their sole remedy with respect to any and all claims arising in connection with the Transactions transactions contemplated by this Agreement (other than with respect to fraud or willful breach) shall be pursuant to the indemnification provisions set forth in this Article 87.
Appears in 2 contracts
Sources: Merger and Asset Purchase Agreement (National Rv Holdings Inc), Merger and Asset Purchase Agreement (Riley Investment Management LLC)