Common use of Election of Remedies Clause in Contracts

Election of Remedies. Neither the exercise of nor the failure to exercise a right of set-off or to give notice of a claim under this Agreement will constitute an election of remedies or limit Purchaser or any of the Purchaser Indemnified Persons in any manner in the enforcement of any other remedies that may be available to any of them, whether at law or in equity.

Appears in 12 contracts

Samples: Stock Purchase Agreement (Stanley Works), Stock Purchase and Sale Agreement (Nptest Holding Corp), Share Purchase and Contribution Agreement (Paradigm Ltd.)

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Election of Remedies. Neither the exercise of nor the failure to exercise a right of set-off or to give notice of a claim under this Agreement will constitute an election of remedies or limit Purchaser or any of the Purchaser Indemnified Persons in any manner in the enforcement of any other remedies that may be available to any of them, whether at law or in equity.

Appears in 4 contracts

Samples: Asset Sale Agreement (Williams Communications Group Inc), Asset Sale Agreement (Ibeam Broadcasting Corp), Stock Purchase Agreement (Hewlett Packard Co)

Election of Remedies. Neither the exercise of nor the failure to exercise a right of set-off or to give notice of a claim under this Agreement will constitute an election of remedies or limit Purchaser or Purchaser's Subsidiary or any of the Purchaser Indemnified Persons on the one hand, or Seller or any of the Seller Indemnified Persons on the other hand, in any manner in the enforcement of any other remedies that may be available to any of them, whether at law or in equity.

Appears in 4 contracts

Samples: Asset Purchase Agreement (Mining Services International Corp/), Asset Purchase Agreement (Mining Services International Corp/), Asset Purchase Agreement (Mining Services International Corp/)

Election of Remedies. Neither the exercise of nor the failure to exercise a right of set-off or to give notice of a claim under this Agreement will constitute an election of remedies or limit Purchaser or any of the Purchaser Indemnified Persons Parties in any manner in the enforcement of any other remedies that may be available to any of them, whether at law or in equity.

Appears in 4 contracts

Samples: Asset Purchase Agreement (Odetics Inc), Asset Purchase Agreement (Sagent Technology Inc), Asset Purchase Agreement (Group 1 Software Inc)

Election of Remedies. Neither the exercise of nor the failure to exercise a right of set-off off, or to give notice of a claim under this Agreement Agreement, will constitute an election of remedies or limit Purchaser or any of the Purchaser Indemnified Persons Buyer in any manner in the enforcement of any other remedies that may be available to any of them, whether at law or in equity.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Covol Technologies Inc), Asset Purchase Agreement (Covol Technologies Inc)

Election of Remedies. Neither the exercise of nor the failure to exercise a right of set-off or to give notice of a claim under this Agreement will constitute an election of remedies or limit the Purchaser or any of the Purchaser Indemnified Persons Parties in any manner in the enforcement of any other remedies that may be available to any of them, whether at law or in equity.

Appears in 1 contract

Samples: Asset Purchase Agreement (Opteum Inc.)

Election of Remedies. Neither the exercise of nor the failure to exercise a right of set-off or to give notice of a claim under this Agreement will constitute an election of remedies or limit Purchaser or any of the Purchaser Indemnified Persons in any manner in the enforcement of any other remedies that may be available to any of them, whether at law or in equity.

Appears in 1 contract

Samples: Asset Purchase Agreement (Spatializer Audio Laboratories Inc)

Election of Remedies. Neither the exercise of nor the failure to exercise a right of set-off or to give notice of a claim under this Agreement will constitute an election of remedies or limit Purchaser or any of the Purchaser Indemnified Persons in any manner in the enforcement of any other remedies that may be available to any of them, whether at law or in equity.

Appears in 1 contract

Samples: Agreement and Plan of Demerger (Neophotonics Corp)

Election of Remedies. Neither the exercise of nor the -------------------- failure to exercise a right of set-off or to give notice of a claim under this Agreement will constitute an election of remedies or limit Purchaser or any of the Purchaser Indemnified Persons in any manner in the enforcement of any other remedies that may be available to any of them, whether at law or in equity.

Appears in 1 contract

Samples: Stock Purchase Agreement (McKesson Hboc Inc)

Election of Remedies. Neither the exercise of nor the failure to exercise a right of set-off or to give notice of a claim under this Agreement will constitute an election of remedies or limit Purchaser Purchaser, or any of the Purchaser Indemnified Persons Parties, in any manner in the enforcement of any other remedies that may be available to any of them, whether at law or in equity.

Appears in 1 contract

Samples: Asset Purchase Agreement (Dynamics Research Corp)

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Election of Remedies. Neither the exercise of nor the -------------------- failure to exercise a right of set-off or to give notice of a claim under this Agreement will constitute an election of remedies or limit Purchaser or any of the Purchaser Indemnified Persons Buyer in any manner in the enforcement of any other remedies that may be available to any of them, whether at law or in equity.

Appears in 1 contract

Samples: Asset Sale Agreement (U S Wireless Corp)

Election of Remedies. Neither the exercise of nor the failure to exercise a right of set-off or to give notice of a claim under this Agreement will constitute an election of remedies or limit Purchaser or any of the Purchaser Indemnified Persons Parties in any manner in the enforcement of any other remedies that may be available to any of them, whether at law or in equity.

Appears in 1 contract

Samples: Stock and Mortgage Loan Purchase Agreement (American Home Mortgage Investment Corp)

Election of Remedies. Neither the exercise of nor the failure to exercise a right of set-off or to give notice of a claim under this Agreement will constitute an election of remedies or limit Purchaser or any of the Purchaser Indemnified Persons on the one hand, or Seller or any of the Seller Indemnified Persons on the other hand, in any manner in the enforcement of any other remedies that may be available to any of them, whether at law or in equity.

Appears in 1 contract

Samples: Asset Purchase Agreement (Merit Medical Systems Inc)

Election of Remedies. Neither the exercise of nor the failure to exercise a right of set-off or to give notice of a claim under this Agreement will constitute an election of remedies or limit Purchaser or any of the Purchaser Indemnified Persons Parties in any manner in the enforcement of any other remedies that may be available to any of them, whether at law or in equity.

Appears in 1 contract

Samples: Asset Purchase Agreement (Magic Software Enterprises LTD)

Election of Remedies. Neither the exercise of nor the failure to exercise a right of set-off indemnification or to give notice of a claim under this Agreement will constitute an election of remedies or limit Purchaser or any of the Purchaser Indemnified Persons in any manner in the enforcement of any other remedies that may be available to any of them, whether at law or in equity.

Appears in 1 contract

Samples: Asset Purchase Agreement (Rf Micro Devices Inc)

Election of Remedies. Neither the exercise of nor the failure to exercise a right of set-off or to give notice of a claim under this Agreement will constitute an election of remedies or limit Purchaser Purchaser, or any of the Purchaser Indemnified Persons Parties, in any manner in the enforcement of any other remedies that may be available to any of them, whether at law or in equity.

Appears in 1 contract

Samples: Asset Purchase Agreement (Loudeye Corp)

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