Common use of Other Rights and Remedies Not Affected Clause in Contracts

Other Rights and Remedies Not Affected. The indemnification rights under this ARTICLE VII are independent of and in addition to such rights and remedies as the parties may have at Law or in equity or otherwise for any misrepresentation, breach of warranty, or failure to fulfill any agreement or covenant contained in this Agreement on the party of any party hereto, including, without limitation, the right to seek specific performance, recession or restitution, none of which rights or remedies shall be affected or diminished hereby.

Appears in 2 contracts

Samples: Membership Interest Purchase Agreement (Diplomat Pharmacy, Inc.), Stock Purchase Agreement (Diplomat Pharmacy, Inc.)

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Other Rights and Remedies Not Affected. The indemnification rights of the parties under this ARTICLE VII Article IX are independent of and in addition to such rights and remedies as the parties may have at Law or in equity or otherwise for any misrepresentation, breach of warranty, warranty or failure to fulfill any agreement or covenant contained in this Agreement hereunder on the party part of any party hereto, including, without limitation, including the right to seek specific performance, recession rescission or restitution, none of which rights or remedies shall be affected or diminished hereby.

Appears in 2 contracts

Samples: Employment Agreement (InfuSystem Holdings, Inc), Purchase Agreement (Penson Worldwide Inc)

Other Rights and Remedies Not Affected. The indemnification rights of the parties under this ARTICLE VII Article IX are independent of and in addition to such rights and remedies as the parties may have at Law law or in equity or otherwise for any misrepresentation, breach of warranty, warranty or failure to fulfill any agreement or covenant contained in this Agreement hereunder on the party part of any party hereto, including, without limitation, the right to seek specific performance, recession rescission or restitutionany remedy other than monetary damages, none of which rights or remedies shall be affected or diminished hereby.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Myturn Com Inc)

Other Rights and Remedies Not Affected. The indemnification rights of the parties under this ARTICLE VII Article IX are independent of and in addition to such rights and remedies as the parties may have at Law law or in equity or otherwise for any misrepresentation, breach of warranty, or failure to fulfill any agreement or covenant contained hereunder (other than those relating to the representations and warranties set forth in this Agreement Article II, III and IV) on the party part of any party hereto, including, without limitation, the right to seek specific performance, recession rescission or restitution, none of which rights or remedies shall be affected or diminished hereby.

Appears in 1 contract

Samples: Asset Purchase Agreement (Next Inc/Tn)

Other Rights and Remedies Not Affected. The indemnification rights of the parties under this ARTICLE VII Article XIII are independent of and in addition to such rights and remedies as the parties may have at Law law or in equity or otherwise for any misrepresentation, breach of warranty, warranty or failure to fulfill any agreement or covenant contained in this Agreement hereunder on the party part of any party hereto, including, including without limitation, limitation the right to seek specific performance, recession rescission or restitution, none of which rights or remedies shall be affected or diminished hereby.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Middle Bay Oil Co Inc)

Other Rights and Remedies Not Affected. The indemnification rights of the parties under this ARTICLE Article VII are independent of and in addition to such rights and remedies as the parties may have at Law law or in equity or otherwise for any misrepresentation, breach of warranty, warranty or failure to fulfill any agreement or covenant contained in this Agreement hereunder on the party part of any party hereto, including, without limitation, including the right to seek specific performance, recession rescission or restitution, none of which rights or remedies shall be affected or diminished hereby.

Appears in 1 contract

Samples: Asset Purchase Agreement (P&f Industries Inc)

Other Rights and Remedies Not Affected. The indemnification rights of the parties under this ARTICLE VII Article VIII are independent of and in addition to such rights and remedies as the parties may have at Law law or in equity or otherwise for any misrepresentation, breach of warranty, warranty or failure to fulfill any agreement or covenant contained in this Agreement hereunder on the party part of any party hereto, including, hereto including without limitation, limitation the right to seek specific performance, recession rescission or restitution, none of which rights or remedies shall be affected or diminished hereby.

Appears in 1 contract

Samples: Agreement and Plan of Exchange (Harbour Capital Corp)

Other Rights and Remedies Not Affected. The indemnification rights of the parties under this ARTICLE VII Article VIII are independent of of, and in addition to to, such rights and remedies as the parties may have at Law or in equity or otherwise for any misrepresentationfraud, as specified in Section 8.04(d), breach of warranty, or failure to fulfill any agreement covenant, agreement, or covenant contained in this Agreement obligation hereunder on the party part of any party hereto, including, without limitation, including the right to seek specific performance, recession rescission, or restitution, without any requirement to post bond, none of which rights or remedies shall be affected or diminished hereby.

Appears in 1 contract

Samples: Asset Purchase Agreement (Truli Technologies, Inc.)

Other Rights and Remedies Not Affected. The indemnification rights of the parties under this ARTICLE VII are independent of of, and in addition to to, such rights and remedies as the parties may have at Law or in equity or otherwise for any misrepresentation, breach of warranty, warranty or failure to fulfill any covenant, agreement or covenant contained in this Agreement obligation hereunder on the party part of any party hereto, including, without limitation, including the right to seek specific performance, recession rescission or restitution, none of which rights or remedies shall be affected or diminished hereby.

Appears in 1 contract

Samples: Asset Purchase Agreement (EzFill Holdings Inc)

Other Rights and Remedies Not Affected. The indemnification rights of the parties under this ARTICLE VII Article VIII are independent of of, and in addition to to, such rights and remedies as the parties may have at Law law or in equity or otherwise for any intentional or knowing misrepresentation, breach of warranty, warranty or failure to fulfill any agreement or covenant contained in this Agreement hereunder on the party part of any party hereto, including, without limitation, including the right to seek specific performance, recession rescission or restitution, none of which rights or remedies shall be affected or diminished herebythereby.

Appears in 1 contract

Samples: Stock Purchase Agreement (Radio One Inc)

Other Rights and Remedies Not Affected. The indemnification rights of the parties under this ARTICLE VII IX are independent of and in addition to such rights and remedies as the parties may have at Law or in equity or otherwise for any misrepresentation, breach of warranty, warranty or failure to fulfill any agreement or covenant contained in this Agreement hereunder on the party part of any party hereto, including, without limitation, including the right to seek specific performance, recession rescission or restitution, none of which rights or remedies shall be affected or diminished hereby.

Appears in 1 contract

Samples: Share Purchase Agreement (Universal Gold Mining Corp.)

Other Rights and Remedies Not Affected. The indemnification rights of the parties under this ARTICLE VII Article IX are independent of and in addition to such rights and remedies as the parties may have at Law law or in equity or otherwise for any misrepresentation, breach of warranty, warranty or failure to fulfill any agreement or covenant contained in this Agreement hereunder on the party part of any party hereto, including, including without limitation, limitation the right to seek specific performance, recession rescission or restitution, none of which rights or remedies shall be affected or diminished hereby.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Middle Bay Oil Co Inc)

Other Rights and Remedies Not Affected. The indemnification rights of the parties under this ARTICLE VII Article VIII are independent of and in addition to such rights and remedies as the parties may have at Law or in equity or otherwise otherwise, for any (a) fraud, willful misrepresentation, willful breach of warranty, warranty or willful failure to fulfill any agreement or covenant contained in this Agreement on the party of covenant, or (b) specific performance or injunctive relief, any party hereto, including, without limitation, the right to seek specific performance, recession or restitution, none all of which rights or and remedies may be asserted at any time, except that Buyer shall not be affected or diminished herebyentitled to the remedy of rescission.

Appears in 1 contract

Samples: Stock Purchase Agreement (Tucows Inc /Pa/)

Other Rights and Remedies Not Affected. The indemnification rights of the parties under this ARTICLE VII Article IX are independent of and in addition to such rights and remedies as the parties may have at Law law or in equity or otherwise for any misrepresentation, breach of warranty, warranty or failure to fulfill any agreement or covenant contained in this Agreement hereunder on the party part of any party hereto, including, hereto including without limitation, limitation the right to seek specific performance, recession rescission or restitution, none of which rights or remedies shall be affected or diminished hereby.

Appears in 1 contract

Samples: Asset Purchase Agreement (Stater Bros Holdings Inc)

Other Rights and Remedies Not Affected. The indemnification rights of the parties under this ARTICLE VII Article are independent of and an in addition to such rights and remedies as the parties may have at Law law or in equity or otherwise for any misrepresentation, breach of warranty, warranty or failure to fulfill any agreement or covenant contained in this Agreement on the party of any party heretohereunder, including, including without limitation, limitation the right to seek specific performance, recession rescission, or restitution, none of which rights or remedies shall be affected or diminished hereby.

Appears in 1 contract

Samples: Asset Purchase Agreement (Summit Environmental Corp Inc)

Other Rights and Remedies Not Affected. The indemnification rights of the parties under this ARTICLE VII Article IV are independent of and in addition to such rights and remedies as the parties may have at Law law or in equity or otherwise for any misrepresentation, breach of warranty, warranty or failure to fulfill any agreement or covenant contained in this Agreement hereunder on the party part of any party hereto, including, without limitation, limitation the right to seek specific performance, recession recision or restitution, none of which rights or remedies shall be affected or diminished hereby.

Appears in 1 contract

Samples: Asset Purchase Agreement (Maxxim Medical Inc)

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Other Rights and Remedies Not Affected. The indemnification rights of the parties under this ARTICLE VII Article IX are independent of and in addition to such rights and remedies as the parties may have at Law or in equity or otherwise for any fraud, misrepresentation, breach of warranty, warranty or failure to fulfill any agreement or covenant contained in this Agreement hereunder on the party part of any party hereto, including, without limitation, including the right to seek specific performance, recession rescission or restitution, none of which rights or remedies shall be affected or diminished hereby.

Appears in 1 contract

Samples: Stock Purchase Agreement (Edgar Express, Inc.)

Other Rights and Remedies Not Affected. The indemnification rights of the parties under this ARTICLE VII VIII are independent of and in addition to such rights and remedies as the parties may have at Law law or in equity or otherwise for any misrepresentation, breach of warranty, warranty or failure to fulfill any agreement or covenant contained in this Agreement hereunder on the party part of any party hereto, including, including without limitation, limitation the right to seek specific performance, recession rescission or restitution, none of which rights or remedies shall be affected or diminished herebyby this Article, but which may be affected by other provisions of this Agreement.

Appears in 1 contract

Samples: Asset Purchase Agreement (Star Services Group Inc)

Other Rights and Remedies Not Affected. The indemnification rights of the Parties and other Persons under this ARTICLE VII Article 13 are independent of and in addition to such other rights and remedies as that the parties Parties and such other Persons may have at Law law or in equity or otherwise for any misrepresentation, breach of warranty, warranty or failure to fulfill any agreement or covenant contained in this Agreement hereunder on the party part of any party Party hereto, including, without limitation, the right to offset or to seek specific performance, recession rescission or restitution, none of which rights or remedies shall be adversely affected or diminished hereby. ARTICLE 14.

Appears in 1 contract

Samples: Asset Purchase Agreement (Main Street Banks Inc /New/)

Other Rights and Remedies Not Affected. The indemnification rights of the parties under this ARTICLE VII Article IX are independent of and in addition to such rights and remedies as the parties may have at Law law or in equity or otherwise for any misrepresentation, breach of warranty, or failure to fulfill any agreement or covenant contained hereunder (other than those relating to the representations, warranties and covenants set forth in this Agreement Article II, III and IV) on the party part of any party hereto, including, without limitation, the right to seek specific performance, recession rescission or restitution, none of which rights or remedies shall be affected or diminished hereby.

Appears in 1 contract

Samples: Asset Purchase Agreement (Next Inc/Tn)

Other Rights and Remedies Not Affected. The indemnification rights of the Parties under this ARTICLE VII Article VIII are independent of and in addition to such rights and remedies as the parties Parties may have at Law or in equity or otherwise for any misrepresentation, breach of warranty, or failure to fulfill any agreement or covenant contained in this Agreement hereunder on the party part of any party heretoParty or for fraud or fraudulent misrepresentation, including, without limitation, including the right to seek specific performance, recession rescission or restitution, none of which rights or remedies shall be affected or diminished hereby.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Health Benefits Direct Corp)

Other Rights and Remedies Not Affected. The indemnification rights of the parties under this ARTICLE Article VII are independent of and in addition to such rights and remedies as the parties may have at Law law or in equity or otherwise for any misrepresentation, breach of warranty, warranty or failure to fulfill any agreement or covenant contained in this Agreement hereunder on the party part of any party hereto, including, without limitation, the right to seek specific performance, recession rescission or restitution, none of which rights or remedies shall be affected or diminished hereby.

Appears in 1 contract

Samples: Quadramed Corp

Other Rights and Remedies Not Affected. The indemnification rights under this ARTICLE VII VIII are independent of and in addition to such rights and remedies as the parties may have at Law or in equity or otherwise for any misrepresentation, breach of warranty, or failure to fulfill any agreement or covenant contained in this Agreement on the party of any party hereto, including, without limitation, the right to seek specific performance, recession or restitution, none of which rights or remedies shall be affected or diminished hereby.

Appears in 1 contract

Samples: Stock Purchase Agreement (Diplomat Pharmacy, Inc.)

Other Rights and Remedies Not Affected. The indemnification rights of the parties under this ARTICLE VII Article XII are independent of and in addition to such rights EXTECH CORPORATION 45 and remedies as the parties may have at Law law or in equity or otherwise for any misrepresentation, breach of warranty, warranty or failure to fulfill any agreement or covenant contained in this Agreement hereunder on the party part of any party hereto, including, including without limitation, limitation the right to seek specific performance, recession rescission or restitution, none of which rights or remedies shall be affected or diminished hereby.

Appears in 1 contract

Samples: Agreement (Extech Corp)

Other Rights and Remedies Not Affected. The indemnification rights of the parties under this ARTICLE VII Article VIII are independent of of, and in addition to to, such rights and remedies as the parties may have at Law or in equity or otherwise for any misrepresentationfraud, as specified in Section 8.04(b), breach of warranty, or failure to fulfill any agreement covenant, agreement, or covenant contained in this Agreement obligation hereunder on the party part of any party hereto, including, without limitation, including the right to seek specific performance, recession rescission, or restitution, without any requirement to post bond, none of which rights or remedies shall be affected or diminished hereby.

Appears in 1 contract

Samples: Asset Purchase Agreement (Aspen Group, Inc.)

Other Rights and Remedies Not Affected. The indemnification rights of the parties under this ARTICLE VII Article VIII are independent of and in addition to such rights and remedies as the parties may have at Law law or in equity or otherwise for any misrepresentation, breach of warranty, warranty or failure to fulfill any agreement or covenant contained in this Agreement hereunder on the party part of any party hereto, including, without limitation, including with limitation to the right to seek specific performance, recession rescission or restitution, none of which rights or remedies shall be affected or diminished hereby.

Appears in 1 contract

Samples: Agreement and Plan (Daleco Resources Corp)

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