Should the Closing occur, the remedies provided for in this ARTICLE IX shall be the sole and exclusive remedies of any Indemnified Party in respect of Losses arising out of this Agreement, the Ancillary Agreements, the Purchased Assets, the Excluded Assets, the Assumed Liabilities, the Excluded Liabilities or the transactions contemplated hereby or by the Ancillary Agreements, other than (i) for actions for specific performance or other equitable remedies or (ii) for claims against a party arising out of the intentional fraud of such party. In furtherance of the foregoing, each party hereby waives (on behalf of itself and the relevant Indemnified Parties) any provision of applicable law to the extent that it would limit or restrict the agreement contained in this Section 9.06 , and each party hereby waives (on behalf of itself and the relevant Indemnified Parties) for periods following the Closing any and all other rights, claims or causes of action it or its affiliates or relevant Indemnified Parties may have against the other party or its affiliates or representatives now or in the future arising under or based upon this Agreement, any Ancillary Agreement, any document or certificate delivered in connection herewith, other than the remedies provided in this ARTICLE IX or contained in any Ancillary Agreement.