No Liability for Termination. Termination of this Agreement by a party (the “Terminating Party”) in accordance with the provisions of this Article VIII will not give rise to any Liability on the part of the Terminating Party on account of such termination; provided, however, that nothing herein shall relieve a party from liability for a willful breach of this Agreement. The provisions of this Article VIII and Article IX shall survive any termination of this Agreement.
Appears in 5 contracts
Samples: Merger Agreement (CDC Corp), Merger Agreement (CDC Software CORP), Merger Agreement (CDC Corp)
No Liability for Termination. Termination of this Agreement by a party hereto (the “"Terminating Party”") in accordance with the provisions of this Article VIII X will not give rise to any Liability on the part of the Terminating Party on account of such terminationtermination (other than pursuant to Section 6.14); provided, however, that nothing herein shall relieve a party from liability for a willful breach of this Agreement. The provisions of Section 6.14, this Article VIII X and Article IX XII shall survive any termination of this Agreement.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Invivo Corp), Asset Purchase Agreement (Invivo Corp)
No Liability for Termination. Termination of this Agreement by a ---------------------------- party (the “"Terminating Party”") in accordance with the provisions of this Article VIII 11 will not give rise to any Liability obligation or liability on the part of the Terminating Party on account of such termination; provided, however, that nothing herein shall relieve a party from liability for a willful breach of this Agreement. The provisions of this Article VIII 11 and Article IX 13 shall survive any termination of this Agreement.
Appears in 1 contract
Samples: Pemstar Inc
No Liability for Termination. Termination of this Agreement by a party (the “"Terminating Party”") in accordance with the provisions of this Article VIII will 10 shall not give rise to any Liability obligation or liability on the part of the Terminating Party on account of such termination; provided, however, that nothing herein shall relieve a party from liability for a willful breach of this Agreement. The provisions of this Article VIII 10 and Article IX 12 shall survive any termination of this Agreement.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Netscreen Technologies Inc)
No Liability for Termination. Termination of this Agreement by a party (the “Terminating Party”) in accordance with the provisions of this Article VIII will 9 shall not give rise to any Liability obligation or liability on the part of the Terminating Party on account of such termination; provided, however, that nothing herein shall relieve a party from liability for a willful breach of this AgreementAgreement or from the provisions of Section 10.18 hereof. The provisions of this Article VIII 9 and Article IX 10 shall survive any termination of this Agreement.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Keynote Systems Inc)
No Liability for Termination. Termination of this Agreement by a party (the “Terminating Party”) in accordance with the provisions of this Article VIII 11 will not give rise to any Liability obligation or liability on the part of the Terminating Party on account of such termination; provided, however, that nothing herein shall relieve a party from liability for a willful breach of this Agreement. The provisions of this Article VIII 11 and Article IX 13 shall survive any termination of this Agreement.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Intermix Media, Inc.)
No Liability for Termination. Termination of this Agreement by a party (the “Terminating Party”) in accordance with the provisions of this Article VIII 8 will not give rise to any Liability obligation or liability on the part of the Terminating Party on account of such termination; provided, however, that nothing herein shall relieve a party from liability for a willful breach of this Agreement. The provisions of this Article VIII Section 8.4 and Article IX 10 shall survive any termination of this Agreement.
Appears in 1 contract
No Liability for Termination. Termination of this Agreement by a party (the “Terminating Party”) in accordance with the provisions of this Article VIII XI will not give rise to any Liability or obligation on the part of the Terminating Party on account of such termination; provided, however, that nothing herein shall relieve a party from liability for a willful breach of this Agreement. The provisions of this Article VIII XI and Article IX XII shall survive any termination of this Agreement.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Energy Recovery, Inc.)
No Liability for Termination. Termination of this Agreement by a party (the “"Terminating Party”") in accordance with the provisions of this Article VIII 11 will not give rise to any Liability obligation or liability on the part of the Terminating Party on account of such termination; provided, however, that nothing herein shall relieve a party from liability for a willful breach of this Agreement. The provisions of this Article VIII 11 and Article IX 13 shall survive any termination of this Agreement.
Appears in 1 contract
No Liability for Termination. Termination of this Agreement by a party (the “Terminating Party”) in accordance with the provisions of this Article VIII will not give rise to any Liability obligation or liability on the part of the Terminating Party on account of such termination; provided, however, that nothing herein shall relieve a party from liability for a willful breach of this Agreement. The provisions of this Article VIII and Article IX X shall survive any termination of this Agreement.
Appears in 1 contract
