Following the Closing Date, the sole and exclusive remedy (other than claims arising from fraud) (a) for any inaccuracy or breach of any representation, warranty, covenant or agreement contained in this Agreement, or (b) otherwise relating to the subject matter of this Agreement shall be subject to indemnification in accordance with this Article IX and Section 10.2 , and no Person will have any other entitlement, remedy or recourse, whether in contract, tort or otherwise. In furtherance of the foregoing, each Party hereby waives, to the fullest extent permitted by Law, any and all rights, claims and causes of action for any breach of any such representation, warranty, covenant or agreement or otherwise relating to the subject matter of this Agreement it may have against the other Party hereto and its Affiliates arising under or based upon any Law, except pursuant to the indemnification provisions set forth in this Article IX and Section 10.2 (and, for the avoidance of doubt, the foregoing waiver shall not limit any Purchaser Indemnified Party’s rights under the R&W Insurance Policy or any other insurance). Notwithstanding the foregoing, this Section 9.8 shall not interfere with or impede the operation of the provisions of Section 2.5(d)(ii) providing for the resolution of certain disputes relating to the Purchase Price between the parties and/or by an Accounting Referee. Nothing in this Section 9.8 shall limit any Party’s rights under Section 12.9 .