WebIf we are unable, after using commercially reasonable efforts, to correct the failure of the Software to perform in accordance with the foregoing warranties, your sole and exclusive remedy shall be (in the case of Software) to return the Software, terminate your rights under this Agreement and receive a full refund of the payments actually received by us from you … WebStandard Clause stating the parties' intention that express rights and remedies set out in the agreement are cumulative and in addition to any other rights or remedies provided by law …
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WebIndemnification Exclusive Remedy. Buyer and Seller acknowledge and agree that their sole and exclusive remedy with respect to any and all Damages relating to the subject matter of this Article 8 shall be pursuant to the indemnification provisions set forth in this Article 8. In furtherance of the foregoing, Buyer hereby waives, to the fullest extent permitted under … WebMay 14, 2015 · No.9813-CB (Del. Ch. Apr. 24, 2015, rev. Apr. 27, 2015), the Delaware Court of Chancery held that an exclusive remedy clause in a stock purchase agreement (SPA) did not require the parties to ... real chiche
What is Exclusive Remedy? - Definition from the MyAttorneyHome …
WebA Standard Clause stating the parties' intention to provide for equitable remedies for breach of contract in addition to or instead of monetary relief. If the parties intend that certain express remedies like liquidated damages constitute the exclusive or sole remedy for a particular breach, the parties can include the alternative exclusive remedy carve-out. WebClient and Data Recovery Thai agree that the sole and exclusive remedy for unsatisfactory work or data shall be, at Data Recovery Thai 's option, either( a) additional attempts by Data Recovery Thai to recover satisfactory data or( b) a refund of the amount paid by the client. WebApr 1, 2024 · To overcome the presumption that a limited remedy is cumulative or optional, counsel for the seller should describe the remedy with phrases such as “exclusive … real chef non stick cookware