Common use of No Overlap Clause in Contracts

No Overlap. Sections 9.1, 9.2(c) and 9.5 shall apply, but Sections 9.2(a) and 9.2(b) shall not apply, in respect of any claim for indemnification made pursuant to Section 6.1, and Section 9.4 shall not apply in respect of any audit or proceeding to which Section 6.3 applies. For further clarity, Taxes that are subject to the indemnification provisions of Section 6.1 shall not be treated as Losses that are indemnifiable under Article IX.

Appears in 2 contracts

Sources: Merger Agreement (HowStuffWorks, Inc.), Merger Agreement (Howstuffworks Inc)