Common use of Continuing Liabilities Clause in Contracts

Continuing Liabilities. Notwithstanding anything contained herein to the contrary, to the extent that any damages imposed on Buyer by operation of law or otherwise in connection with, or which otherwise arises out of or in relation to, the transactions contemplated hereby (other than Buyer's assumption of the Assumed Liabilities assumed by it pursuant to Section 1.3), results from or arises out of an event or condition which is continuing or continuous in nature, Buyer shall assume and discharge only that portion of such damage that results from or arises out of that part of the event which occurs or condition which exists after the Closing, without, however, releasing Seller from its obligation to discharge that portion of such damage that results from that part of the event which occurs or condition which exists prior to the Closing; provided, however, that Seller shall discharge all of such continuing or continuous damages, including, without limitation, those Assumed Liabilities assumed by Buyer pursuant to Section 1.3 if and to the extent they result from a breach by Seller of any of its representations, warranties or covenants hereunder.

Continuing Liabilities. Notwithstanding anything contained herein to the contrary, to To the extent that any damages Assumed Liability or any Damages imposed on the Buyer by operation of law or otherwise in connection with, or which otherwise arises out of or in relation to, the transactions contemplated hereby (other than the Buyer's assumption of the Assumed Liabilities assumed by it pursuant to Section 1.3), results from or arises out of an event or condition which is continuing or continuous in nature, the Buyer shall assume and discharge only that portion of such damage Assumed Liability or Damage that results from or arises out of that part of the event which occurs occurs, or condition which exists exists, after the Closing, without, however, releasing . The Sellers and the Seller from its obligation Parent jointly and severally agree to discharge that portion of such damage that results from that part of the event which occurs or condition which exists prior to the Closing; provided, however, that Seller shall discharge all of such continuing or continuous damagesAssumed Liabilities or Damages, including, without limitation, those Assumed Liabilities assumed by the Buyer pursuant to Section 1.3 1.3, if and to the extent they result from a breach by either of the Sellers or the Seller Parent of any of its their respective representations, warranties or covenants hereunder.

Continuing Liabilities. Notwithstanding anything contained herein to ---------------------- the contrary, to the extent that any damages Assumed Liability assumed by Acquisition Sub pursuant to Section 1.4, or any Damages imposed on Buyer Acquisition Sub by operation of law or otherwise in connection with, or which otherwise arises out of or in relation to, the transactions contemplated hereby (other than BuyerAcquisition Sub's assumption of the Assumed Liabilities assumed by it pursuant to Section 1.31.4), results from or arises out of an event or condition which is continuing or continuous in nature, Buyer Acquisition Sub shall assume and discharge only that portion of such damage Assumed Liability or Damage that results from or arises out of that part of the event which occurs or condition which exists after the Closing, without, however, releasing Seller MarketSource from its obligation to discharge that portion of such damage Assumed Liability or Damage that results from that part of the event which occurs or condition which exists prior to the Closing; provided, however, that Seller MarketSource shall discharge all of such -------- ------- continuing or continuous damagesAssumed Liabilities or Damages, including, without limitation, those Assumed Liabilities assumed by Buyer Acquisition Sub pursuant to Section 1.3 1.4 if and to the extent they result from a breach by Seller MarketSource of any of its representations, warranties or covenants hereunder.

Continuing Liabilities. Notwithstanding anything contained herein to the contrary, to the extent that any damages Assumed Liability assumed by the Buyer pursuant to Section 1.3, or any Damages imposed on the Buyer by operation of law or otherwise in connection with, or which otherwise arises out of or in relation to, the transactions contemplated hereby (other than the Buyer's assumption of the Assumed Liabilities assumed by it pursuant to Section 1.3), results from or arises out of an event or condition which is continuing or continuous in nature, the Buyer shall assume and discharge only that portion of such damage Assumed Liability or Damage that results from or arises out of that part of the event which occurs or condition which exists after the ClosingEffective Date, without, however, releasing any Seller from its obligation to discharge that portion of such damage Assumed Liability or Damage that results from that part of the event which occurs or condition which exists prior to the ClosingEffective Date; provided, however, that Seller the Company shall discharge all of such continuing or continuous damagesAssumed Liabilities or Damages, including, without limitation, those Assumed Liabilities assumed by the Buyer pursuant to Section 1.3 if and to the extent they result from a breach by Seller the Company of any of its representations, warranties or covenants hereunder.