Payment/Indemnification for Combined Breach. Anything in this Article II to the contrary notwithstanding, in the event of a Final Determination that Restructuring Taxes are due to a Taxing Authority and such Restructuring Taxes are caused by both a Tainting Act, and a breach, caused solely by any member of the Equifax Group, of any written representation or statement given in connection with an IRS letter ruling or legal opinion obtained by Equifax or contained in Section 2.6 of this Agreement, or, alternatively, such Restructuring Taxes are caused in part by one or more members of the Equifax Group and in part by one or more members of the Controlled Group (or their less than wholly-owned subsidiaries), then the liability of Equifax and Controlled for any Restructuring Taxes arising from such Final Determination and any liability to
Appears in 2 contracts
Samples: Sharing and Indemnification Agreement (Choicepoint Inc), Sharing and Indemnification Agreement (Choicepoint Inc)
