Other Rights and Remedies Not Affected. The indemnification rights of the Company Indemnified Party under this Article VII are independent of and in addition to such rights and remedies as Buyer, Buyer and the Company Indemnified Party may have at law or in equity or otherwise for any misrepresentation, breach of warranty or failure to fulfill any agreement or covenant hereunder, including without limitation the right to seek specific performance, rescission or restitution, none of which rights or remedies shall be affected or diminished hereby.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Voip Inc), Asset Purchase Agreement (iTalk Inc.)
Other Rights and Remedies Not Affected. The indemnification rights of the Company each Seller Indemnified Party under this Article VII are independent of and in addition to such rights and remedies as BuyerFusion, Buyer Newco and the Company Seller Indemnified Party may have at law or in equity or otherwise for any misrepresentation, breach of warranty or failure to fulfill any agreement or covenant hereunder, including without limitation the right to seek specific performance, rescission or restitution, none of which rights or remedies shall be affected or diminished hereby.
Appears in 2 contracts
Samples: Membership Interest Purchase and Sale Agreement (Fusion Telecommunications International Inc), Asset Purchase and Sale Agreement (Fusion Telecommunications International Inc)
Other Rights and Remedies Not Affected. The indemnification rights of the Company each Indemnified Party under this Article VII are independent of and in addition to such rights and remedies as Buyer, Buyer and the Company such Indemnified Party may have at law Law or in equity or otherwise for any misrepresentation, breach of warranty or failure to fulfill any agreement or covenant hereunder, including including, without limitation limitation. the right to seek specific performance, rescission or restitution, none of which rights or remedies shall be affected or diminished hereby.
Appears in 1 contract
Samples: Asset Purchase and Sale Agreement (Fusion Telecommunications International Inc)
Other Rights and Remedies Not Affected. The indemnification rights of the Company Indemnified Indemnifying Party under this Article VII VIII are independent of of, and in addition to to, such rights and remedies as Buyer, Buyer and the Company Indemnified Party may have at law or in equity or otherwise for any misrepresentation, breach of warranty or failure to fulfill any agreement Agreement or covenant hereunderunder this Agreement on the part of the Indemnified Party, including including, without limitation limitation, the right to seek specific performance, rescission or restitution, none of which rights or remedies shall be affected or diminished herebyby this Agreement.
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Other Rights and Remedies Not Affected. The indemnification rights of the Company Indemnified Party under this Article VII are independent of and in addition to such rights and remedies as Buyer, Buyer and the Company Indemnified Party may have at law or in equity or otherwise for any misrepresentation, breach of warranty or failure to fulfill any agreement or covenant hereunder, including without limitation the right to seek specific performance, rescission or restitution, none of which rights or remedies shall be affected or diminished hereby.
Appears in 1 contract
Samples: Assets Purchase Agreement (Fusion Telecommunications International Inc)
Other Rights and Remedies Not Affected. The indemnification rights of the Company Indemnified Indemnifying Party under this Article VII are independent of of, and in addition to to, such rights and remedies as Buyer, Buyer and the Company Indemnified Party may have at law or law, in equity or otherwise for any misrepresentation, breach of warranty or failure to fulfill any agreement Agreement or covenant hereunderunder this Agreement on the part of the Indemnified Party, including including, without limitation limitation, the right to seek specific performance, rescission or restitution, none of which rights or remedies shall be affected or diminished herebyby this Agreement.
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