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• 0-9

Remedy

Last updated 28 June 2007

Description

Terms of remedy (or damages) for a breach in an agreeement.

Examples

Clause:

6.4 Remedy.

As WYETH's sole and exclusive remedy for any breach of Section 6.2.1 discovered prior to the distribution by WYETH or its Affiliates of the applicable Product, ACCESS shall promptly replace, at its sole cost and expense, any Product which fails to comply with the representations set forth in Section 6.2.1; provided that such non-conforming Product shall be returned to ACCESS in accordance with ACCESS's return procedures, and only if after ACCESS's inspection, such Product is determined to have been non-conforming pursuant to the procedures set forth in Section 3.3. Except as otherwise provided expressly in this Agreement, each Party is free to seek legal and equitable recourse against the other in the event of any breach of this Agreement (including, without limitation, any breach of such other Party's obligations, representations, or warranties under this Agreement), subject to the limitations of liability set forth in Section 6.7 and, in such case, the breaching party shall be liable for all damages, losses, liabilities, expenses or penalties (excluding attorneys' fees and expenses) incurred, assessed or sustained by or against the non-breaching party, its Affiliates, directors, officers, employees or agents arising out of such breach.

-- License and Supply agreement between Access and Wyeth, January 2004

See Also

None