No Other Remedies Sample Clauses
The "No Other Remedies" clause defines that the remedies explicitly stated in the contract are the only remedies available to the parties in the event of a breach or dispute. In practice, this means that if a party suffers a loss or issue, they cannot seek additional or alternative remedies outside those specifically provided for in the agreement, such as suing for damages not mentioned or seeking injunctions if not allowed. This clause serves to limit the parties' recourse, ensuring predictability and reducing the risk of unexpected liabilities or protracted litigation.
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No Other Remedies. No remedy against the Issuer, other than as referred to in Clause 6(b), shall be available to the Trustee, any Noteholder or Couponholder (i) for the recovery of amounts owing in respect of or arising under the Trust Deed, such Notes or the relative Coupons or (ii) in respect of the breach of any other term or condition or other obligation binding on the Issuer under or in respect of this Trust Deed, such Notes or the relative Coupons.
No Other Remedies. 23.1 The User acknowledges and agrees that the User’s only rights and remedies relating to this Agreement are as set out in this Agreement.
No Other Remedies. Termination pursuant to this Agreement shall be in limitation of and with prejudice to any other right or remedy to which Executive may otherwise be entitled at law or in equity against Employer, its affiliates, and its agents, shareholders, employees, officers and directors.
No Other Remedies. (a) Any and all remedies herein expressly conferred upon a party hereby are deemed exclusive of any other remedy conferred hereby or by law or equity on such party; provided, however, that any party hereto shall have the right to seek specific performance of the obligations of another party hereto under this Agreement if all of the conditions to the obligations of such party seeking specific performance set forth in Article VII or Article VIII, as the case may be, have been satisfied. In particular, except as provided in Sections 2.10 and 6.5, the remedies provided by Article IX for Losses shall be exclusive of any other rights or remedies available to a party against another party, either at law or in equity, in relation to any breach, default or nonperformance of any representation, warranty, covenant, agreement or undertaking made or entered into by such other party pursuant to this Agreement, any agreement executed pursuant to this Agreement or the transactions contemplated hereby. Notwithstanding any provision hereof or of the Ancillary Agreements, no party hereto shall be liable hereunder or under the Ancillary Agreements to any Buyer Indemnified Party or Louisiana-Pacific Indemnified Party for any incidental or consequential damages, or loss of profits, or opportunities, or any exemplary or punitive damages, regardless of the circumstances from which such damages arose.
(b) No Action for termination or rescission, or claiming repudiation, of this Agreement or any agreement executed pursuant to this Agreement may be brought or maintained by any party against another party following the Closing Date no matter how severe, grave or fundamental any such breach, default or nonperformance may be by one party, except in the event of actual fraud in a material respect. Accordingly, the parties hereby expressly waive and forego any and all rights they may possess to bring any such Action.
(c) With regard to Section 2.10, Section 9.6, this Section 13.9 and Section 13.13, each party hereto acknowledges that it has read and is familiar with, and hereby waives the benefit of, the provisions of California Civil Code Section 1542, which is set forth below: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
No Other Remedies. Except as provided in Sections 11.3 and 12.13, any and all remedies herein expressly conferred upon a party hereby are deemed exclusive of any other remedy conferred hereby or by law or equity on such party. In particular, the remedies provided by Article IX for Losses shall be exclusive of any other rights or remedies available to a party against the other party, either at law or in equity, in relation to any breach, default or nonperformance of any representation, warranty, covenant, agreement or undertaking made or entered into by such other party pursuant to this Agreement or the transactions contemplated hereby. Notwithstanding any provision hereof, neither party shall be liable hereunder to any Xxxxxxx Indemnified Party or WP Partners Indemnified Party for any incidental or consequential damages, damages for loss of profits or opportunities or exemplary or punitive damages, regardless of the circumstances from which such damages arose.
No Other Remedies. BUYER SHALL NOT HAVE ANY OTHER RIGHTS OR REMEDIES HEREUNDER AS A RESULT OF ANY DEFAULT BY SELLER PRIOR TO CLOSING, AND BUYER HEREBY WAIVES ANY OTHER SUCH REMEDY AS A RESULT OF A DEFAULT HEREUNDER BY SELLER.
No Other Remedies. Without limiting the generality of Section 9.4.1, in particular, any right of the Parties to withdraw (Rücktritt) from this Agreement (with Section 6.3 above remaining unaffected) or to require the winding up of the Transaction contemplated hereunder on any other legal basis (e.g., by way of so-called großer Schadenersatz), any claims for breach of pre-contractual obligations (culpa in contrahendo), or based on the principles of disturbance of the fundamentals of the transaction (Störung der Geschäftsgrundlage), or ancillary obligations (positive Forderungsverletzung) are hereby expressly excluded.
No Other Remedies. Other than the limited remedies specified herein, no remedy against the Issuer will be available to the Trustee (acting on behalf of the Holders of the Notes) or the Holders of the Notes, whether for the recovery of amounts owing in respect of such Notes or under this Indenture or in respect of any breach by the Issuer of any of its obligations under or in respect of the terms of the Notes or under this Indenture in relation thereto. Under the terms of the Notes, an Automatic Conversion or exercise of discretionary powers by the relevant resolution authority and/or any relevant regulatory authority with respect to the Notes will not constitute a Winding-Up Event or a default under the terms of the Notes or failure to perform by the Issuer in any manner whatsoever.
No Other Remedies. This Section 9 provides the sole remedies of the parties for breaches of representations or covenants under this Agreement. Any further claims and remedies against a party, irrespective of which nature, amount or legal basis, are hereby expressly waived and excluded, in particular, without limitation, claims under pre-contractual fault (§§ 311 para. 2 and 3, 241 para. 2 German Civil Code), for breach of contract on the basis of statutory warranty provisions or tort as well as any and all other claims, which could, due to a rescission, except for the rights set forth in Section 9.1, challenging, reduction of the Purchase Amount or any other reasons, result in the termination, invalidity or winding up of this Agreement, an amendment of its content or a repayment or reduction of the Purchase Amount, unless such claim is based on willful act of or fraudulent misrepresentation by such party.
No Other Remedies. The remedies of each party shall only be as provided in Section 14.2 and 14.3 hereof and neither party shall be entitled to any other right or remedy otherwise available to such party.