Remedies Cumulative. The remedies provided in this Article IV shall be cumulative and, subject to the provisions of Article VIII, shall not preclude assertion by any Indemnitee of any other rights or the seeking of any and all other remedies against any Indemnifying Party.
Appears in 132 contracts
Sources: Separation and Distribution Agreement (Mdu Resources Group Inc), Separation and Distribution Agreement (Everus Construction Group, Inc.), Separation and Distribution Agreement (Curbline Properties Corp.)
Remedies Cumulative. The remedies provided in this Article IV V shall be cumulative and, subject to the provisions of Article VIII, and shall not preclude assertion by any Indemnitee of any other rights or the seeking of any and all other remedies against any Indemnifying Party.
Appears in 54 contracts
Sources: Separation and Distribution Agreement (SilverSun Technologies Holdings, Inc./Nv), Investment Agreement (SilverSun Technologies, Inc.), Separation and Distribution Agreement (Harvard Apparatus Regenerative Technology, Inc.)
Remedies Cumulative. The remedies provided in this Article IV IX shall be cumulative and, subject to the provisions of Article VIIIX, shall not preclude assertion by any Indemnitee of any other rights or the seeking of any and all other remedies against any Indemnifying Party.
Appears in 44 contracts
Sources: Separation and Distribution Agreement (W. P. Carey Inc.), Separation and Distribution Agreement (Net Lease Office Properties), Separation and Distribution Agreement (Net Lease Office Properties)
Remedies Cumulative. The remedies provided in this Article IV shall be cumulative and, subject to the provisions of Article VIII, and shall not preclude assertion by any Indemnitee of any other rights or the seeking of any and all other remedies against any Indemnifying Party.
Appears in 43 contracts
Sources: Separation and Distribution Agreement (White Fiber, Inc.), Separation and Distribution Agreement (MachTen, Inc.), Separation and Distribution Agreement (MachTen, Inc.)
Remedies Cumulative. The remedies provided in this Article IV V shall be cumulative and, subject to the provisions of Article VIII, shall not preclude assertion by any Indemnitee of any other rights or the seeking of any and all other remedies against any Indemnifying Party.
Appears in 32 contracts
Sources: Master Separation Agreement (Force Protection Video Equipment Corp.), Master Separation Agreement, Master Separation Agreement (Arlo Technologies, Inc.)
Remedies Cumulative. The remedies provided in this Article IV shall be cumulative and, subject to the provisions of Article VIII, and shall not preclude assertion by any Indemnitee Indemnified Party of any other rights or the seeking of any and all other remedies against any Indemnifying Party; provided, that the procedures set forth in this Article IV shall be the exclusive procedures governing any indemnity action brought under this Agreement.
Appears in 17 contracts
Sources: Separation and Distribution Agreement, Separation and Distribution Agreement (J. Alexander's Holdings, Inc.), Separation and Distribution Agreement (J. Alexander's Holdings, Inc.)
Remedies Cumulative. The remedies provided in this Article IV V shall be cumulative and, subject to the provisions of Article VIIIIX, shall not preclude assertion by any Indemnitee of any other rights or the seeking of any and all other remedies against any Indemnifying Party.
Appears in 16 contracts
Sources: Separation and Distribution Agreement (Synaptogenix, Inc.), Separation and Distribution Agreement (Neurotrope, Inc.), Separation and Distribution Agreement (Neurotrope Bioscience, Inc.)
Remedies Cumulative. The remedies provided in this Article IV shall be cumulative and, subject to the provisions of Article VIIIVII, shall not preclude assertion by any Indemnitee of any other rights or the seeking of any and all other remedies against any Indemnifying Party.
Appears in 15 contracts
Sources: Separation Agreement (Mallinckrodt PLC), Separation and Distribution Agreement (Solventum Corp), Separation and Distribution Agreement (3m Co)
Remedies Cumulative. The remedies provided in this Article IV VII shall be cumulative and, subject to the provisions of Article VIII, and shall not preclude assertion by any Indemnitee of any other rights or the seeking of any and all other remedies against any Indemnifying Party.
Appears in 10 contracts
Sources: Separation and Distribution Agreement (WPX Energy, Inc.), Separation and Distribution Agreement (Williams Companies Inc), Separation and Distribution Agreement (Williams Companies Inc)
Remedies Cumulative. The rights and remedies provided in this Article IV V shall be cumulative and, subject to the provisions of Article VIII, shall not preclude assertion by any Indemnitee Indemnified Party of any other rights or the seeking of any and all other remedies against any Indemnifying Party.
Appears in 7 contracts
Sources: Master Separation and Distribution Agreement (Vishay Intertechnology Inc), Separation and Distribution Agreement (Vishay Precision Group, Inc.), Master Separation and Distribution Agreement (Vishay Precision Group, Inc.)
Remedies Cumulative. The remedies provided in this Article IV VIII shall be cumulative and, subject to the provisions of Article VIII, and shall not preclude assertion by any Indemnitee of any other rights or the seeking of any and all other remedies against any Indemnifying Party.
Appears in 7 contracts
Sources: Separation and Distribution Agreement (WPX Energy, Inc.), Separation and Distribution Agreement (WPX Energy, Inc.), Separation and Distribution Agreement (WPX Energy, Inc.)
Remedies Cumulative. The remedies provided in this Article IV VIII shall be cumulative and, subject to the provisions of Article VIII, and shall not preclude assertion by any Indemnitee an Indemnified Party of any other rights at law or in equity or the seeking of any and all other remedies against any Indemnifying Party.
Appears in 6 contracts
Sources: Master Separation Agreement, Master Separation Agreement (Assured Guaranty LTD), Master Separation Agreement (Assured Guaranty LTD)
Remedies Cumulative. The remedies provided in this Article IV shall be cumulative and, subject to the provisions of Article VIII, and shall not preclude assertion by any Indemnitee of any other rights or the seeking of any and all other remedies against any Indemnifying Party; provided, that the procedures set forth in Section 4.6 and Section 4.7 shall be the exclusive procedures governing any indemnity action brought under this Agreement, except as otherwise expressly provided in any of the Ancillary Agreements.
Appears in 6 contracts
Sources: Master Separation Agreement (Lazard LTD), Master Separation Agreement (Lazard LTD), Master Separation Agreement (Lazard LTD)
Remedies Cumulative. The remedies provided in this Article IV shall be cumulative and, subject to the provisions of Article VIII, shall not preclude assertion by any Indemnitee Indemnified Party of any other rights or the seeking of any and all other remedies against any Indemnifying Party.
Appears in 6 contracts
Sources: Separation and Distribution Agreement, Separation and Distribution Agreement (Adient LTD), Separation and Distribution Agreement (Johnson Controls International PLC)
Remedies Cumulative. The remedies provided in this Article IV shall be cumulative and, subject to the provisions of Article VIIIIX, shall not preclude assertion by any Indemnitee of any other rights or the seeking of any and all other remedies against any Indemnifying Party.
Appears in 5 contracts
Sources: Separation Agreement (Centuri Holdings, Inc.), Separation Agreement (Southwest Gas Holdings, Inc.), Separation Agreement (Centuri Holdings, Inc.)
Remedies Cumulative. The remedies provided in this Article IV shall be cumulative and, subject to the provisions of Article VIIISections 4.08 and 7.01, shall not preclude assertion by any Indemnitee of any other rights or the seeking of any and all other remedies against any Indemnifying Party.
Appears in 5 contracts
Sources: Separation and Distribution Agreement (Abbott Laboratories), Separation and Distribution Agreement (AbbVie Inc.), Separation and Distribution Agreement (AbbVie Inc.)
Remedies Cumulative. The remedies provided in this Article IV XVII shall be cumulative and, subject to the provisions of Article VIIIXVIII, shall not preclude assertion by any Indemnitee of any other rights or the seeking of any and all other remedies against any Indemnifying Party.
Appears in 5 contracts
Sources: Employee Matters Agreement (AOL Inc.), Employee Matters Agreement (AOL Inc.), Employee Matters Agreement (AOL Inc.)
Remedies Cumulative. The remedies provided in this Article IV VIII shall be cumulative and, subject to the provisions of Article VIIISection 12.2, shall not preclude assertion by any Indemnitee of any other rights or the seeking of any and all other remedies against any Indemnifying Party.
Appears in 4 contracts
Sources: Separation Agreement (U S West Inc /De/), Separation Agreement (Usw-C Inc), Separation Agreement (Usw-C Inc)
Remedies Cumulative. The remedies provided in this Article IV shall be cumulative and, subject to the provisions of Article VIII, shall not preclude assertion by any Indemnitee of any other rights or the seeking of any and all other remedies against any Indemnifying Party.
Appears in 4 contracts
Sources: Merger Agreement (Netflix Inc), Separation and Distribution Agreement (International Paper Co /New/), Separation and Distribution Agreement (Sylvamo Corp)
Remedies Cumulative. The Subject to the provisions of Section 7.05, the remedies provided in this Article IV shall be cumulative and, subject to the provisions of Article VIII, and shall not preclude assertion by any Indemnitee of any other rights or the seeking of any and all other remedies against any Indemnifying Party.
Appears in 4 contracts
Sources: Distribution Agreement (CombiMatrix Corp), Distribution Agreement (Fortune Brands Inc), Distribution Agreement (Mindspeed Technologies Inc)
Remedies Cumulative. The remedies provided in this Article IV shall be cumulative and, subject to the provisions of Article VIII, shall not preclude assertion by any Indemnitee of any other rights or the seeking of any and all other remedies against any Indemnifying Party.
Appears in 4 contracts
Sources: Separation and Distribution Agreement, Separation and Distribution Agreement (PENTAIR PLC), Separation and Distribution Agreement (nVent Electric PLC)
Remedies Cumulative. The remedies provided in this Article IV V shall be cumulative and, subject to the provisions of Section 5.01, Section 5.11 and Article VIIIXI, shall not preclude assertion by any Indemnitee of any other rights or the seeking of any and all other remedies against any Indemnifying Party.
Appears in 4 contracts
Sources: Separation and Distribution Agreement (CompoSecure, Inc.), Separation and Distribution Agreement (Resolute Holdings Management, Inc.), Separation and Distribution Agreement (Resolute Holdings Management, Inc.)
Remedies Cumulative. The remedies provided in this Article IV shall be cumulative and, subject to the provisions of Article VIII, and shall not preclude assertion by any Indemnitee Indemnified Party of any other rights or the seeking of any and all other remedies against any an Indemnifying Party. The procedures set forth in this Article IV, however, shall be the exclusive procedures governing any indemnity action brought under this Article IV or otherwise relating to Losses.
Appears in 3 contracts
Sources: Separation Agreement (HFS Inc), Separation Agreement (Avis Rent a Car Inc), Separation Agreement (Avis Rent a Car Inc)
Remedies Cumulative. The remedies provided in this Article IV V shall be cumulative and, subject to the provisions of Section 5.10 and Article VIIIX, shall not preclude assertion by any Indemnitee of any other rights or the seeking of any and all other remedies against any Indemnifying Party.
Appears in 3 contracts
Sources: Separation Agreement (Vista Outdoor Inc.), Separation Agreement (Revelyst, Inc.), Separation Agreement (Vista Outdoor Inc.)
Remedies Cumulative. The Subject to the provisions of Article VII and Section 8.12, the remedies provided in this Article IV VIII shall be cumulative and, subject to the provisions of Article VIII, and shall not preclude assertion by any Indemnitee an Indemnified Party of any other rights or the seeking of any and all other remedies against any Indemnifying Party.
Appears in 3 contracts
Sources: Separation and Distribution Agreement (Nisource Inc/De), Separation and Distribution Agreement (Columbia Pipeline Group, Inc.), Separation and Distribution Agreement (Columbia Pipeline Group, Inc.)
Remedies Cumulative. The remedies provided in this Article IV shall be cumulative and, subject to the provisions of Article VIIIVII, shall not preclude assertion by any Indemnitee Indemnified Party of any other rights or the seeking of any and all other remedies against any Indemnifying Party.
Appears in 3 contracts
Sources: Separation and Distribution Agreement (Synnex Corp), Separation and Distribution Agreement (Concentrix Corp), Separation and Distribution Agreement (Concentrix Corp)
Remedies Cumulative. The remedies provided in this Article IV IX shall be cumulative and, subject to the provisions of Article VIIIXII, shall not preclude assertion by any Indemnitee Indemnified Party of any other rights or the seeking of any and all other remedies against any Indemnifying Party.
Appears in 3 contracts
Sources: Separation Agreement (Alcan Inc), Separation Agreement (Novelis Inc.), Separation Agreement (Novelis Inc.)
Remedies Cumulative. The remedies provided in this Article IV ARTICLE V shall be cumulative and, subject to the provisions of Article ARTICLE VIII, shall not preclude assertion by any Indemnitee of any other rights or the seeking of any and all other remedies against any Indemnifying Party; provided that the procedures set forth in this ARTICLE V shall be the exclusive procedures governing any indemnity action brought under this Agreement.
Appears in 3 contracts
Sources: Separation and Distribution Agreement (PROG Holdings, Inc.), Separation and Distribution Agreement (Aaron's SpinCo, Inc.), Separation and Distribution Agreement (Aaron's SpinCo, Inc.)
Remedies Cumulative. The remedies provided in this Article IV IX shall be cumulative and, subject to the provisions of Article VIIIIX, shall not preclude assertion by any Indemnitee of any other rights or the seeking of any and all other remedies against any Indemnifying Party.
Appears in 3 contracts
Sources: Separation and Distribution Agreement (Ashford Hospitality Trust Inc), Separation and Distribution Agreement (Ashford Inc), Separation and Distribution Agreement (Ashford Inc)
Remedies Cumulative. The remedies provided for in this Article IV shall be cumulative and, subject to the provisions of Article VIII, and shall not preclude assertion by any Indemnitee the indemnified parties of any other rights or the seeking of any and all other remedies against any Indemnifying Partythe indemnifying parties.
Appears in 3 contracts
Sources: Unit Redemption Agreement (First Wind Holdings Inc.), Unit Redemption Agreement (First Wind Holdings Inc.), Unit Redemption Agreement (First Wind Holdings Inc.)
Remedies Cumulative. The remedies provided in this Article IV shall be cumulative and, subject to the provisions of Article VIIIIX of the Separation and Distribution Agreement, shall not preclude assertion by any Indemnitee of any other rights or the seeking of any and all other remedies against any Indemnifying Party.
Appears in 3 contracts
Sources: Distribution Agreement (NCR Corp), Distribution Agreement (NCR Corp), Distribution Agreement (At&t Corp)
Remedies Cumulative. The remedies provided in this Article IV XII shall be cumulative and, subject to the provisions of Article VIIIXII, shall not preclude assertion by any Indemnitee an Indemnified Party of any other rights or the seeking of any and all other remedies against any Indemnifying Party.
Appears in 3 contracts
Sources: Separation and Distribution Agreement (Western Union CO), Separation and Distribution Agreement (Western Union CO), Separation and Distribution Agreement (Western Union CO)
Remedies Cumulative. The remedies provided in this Article IV shall will be cumulative and, subject to the provisions of Article VIII, shall and will not preclude assertion by any Indemnitee of any other rights or the seeking of any and all other remedies against any Indemnifying Party.
Appears in 3 contracts
Sources: Separation and Distribution Agreement (Cognyte Software Ltd.), Separation and Distribution Agreement (Cognyte Software Ltd.), Separation and Distribution Agreement (Sunpower Corp)
Remedies Cumulative. The remedies provided in this Article IV III shall be cumulative and, subject to the provisions of Article VIII, shall not preclude assertion by any Indemnitee of any other rights or the seeking of any and all other remedies against any Indemnifying Party.
Appears in 2 contracts
Sources: Master Separation Agreement (Plains Exploration & Production Co L P), Master Separation Agreement (Plains Resources Inc)
Remedies Cumulative. The remedies provided in this Article ARTICLE IV shall be cumulative exclusive and, subject to the provisions of Article VIIIARTICLE VII, shall not preclude assertion by any Indemnitee of any other rights or the seeking of any and all other remedies against any Indemnifying Party.
Appears in 2 contracts
Sources: Separation Agreement (Asv Holdings, Inc.), Separation Agreement (A.S.V., LLC)
Remedies Cumulative. The remedies provided in this Article IV VII shall be cumulative and, subject to the provisions of Article VIII, shall not preclude assertion by any Indemnitee an Indemnified Party of any other rights or the seeking of any and all other remedies against any Indemnifying Party.
Appears in 2 contracts
Sources: Separation and Distribution Agreement (Jefferies Financial Group Inc.), Separation and Distribution Agreement (Vitesse Energy, Inc.)
Remedies Cumulative. The remedies provided in this Article IV ARTICLE V shall be cumulative and, subject to the provisions of Article ARTICLE VIII, shall not preclude assertion by any Indemnitee of any other rights or the seeking of any and all other remedies against any Indemnifying Party; provided that the procedures set forth in this ARTICLE V and ARTICLE VIII shall be the exclusive procedures governing any indemnity action brought under this Agreement.
Appears in 2 contracts
Sources: Master Transaction Agreement (Bellring Brands, Inc.), Master Transaction Agreement (Bellring Brands, Inc.)
Remedies Cumulative. The remedies provided in this Article IV shall be cumulative and, subject to the provisions of Article VIII, and shall not preclude assertion by any Indemnitee Indemnified Party of any other rights or the seeking of any and all other remedies against any Indemnifying Party. The procedures set forth in this Article IV, however, shall be the exclusive procedures governing any indemnity action brought under this Article IV or otherwise relating to Indemnifiable Losses; provided, however, that nothing in this Article IV shall be deemed to govern any indemnity action brought under Article VII relating to Indemnifiable Claims.
Appears in 2 contracts
Sources: Distribution Agreement (Choice Hotels Holdings Inc), Distribution Agreement (Manor Care Inc/New)
Remedies Cumulative. The remedies provided in this Article IV VIII shall be cumulative and, subject to the provisions of Article VIII, and shall not preclude assertion by any Indemnitee an Indemnified Party of any other rights or the seeking of any and all other remedies against any Indemnifying Party.
Appears in 2 contracts
Sources: Separation Agreement (PAVANA POWER Corp), Separation Agreement (PAVANA POWER Corp)
Remedies Cumulative. The remedies provided in this Article IV V shall be cumulative and, subject to the provisions of Section 5.11 and Article VIII, shall not preclude assertion by any Indemnitee of any other rights or the seeking of any and all other remedies against any Indemnifying Party.
Appears in 2 contracts
Sources: Master Separation Agreement (Bausch Health Companies Inc.), Master Separation Agreement (Bausch & Lomb Corp)
Remedies Cumulative. The remedies provided in this Article IV IX shall be cumulative and, subject to the provisions of Section 9.10 and Article VIIIXI, shall not preclude assertion by any Indemnitee of any other rights or the seeking of any and all other remedies against any Indemnifying Party.
Appears in 2 contracts
Sources: Separation Agreement (Exelon Corp), Separation Agreement (Constellation Energy Corp)
Remedies Cumulative. The remedies provided in this Article Article IV shall be cumulative and, subject to the provisions of Article VIIIArticle VII, shall not preclude assertion by any Indemnitee of any other rights or the seeking of any and all other remedies against any Indemnifying Party.
Appears in 2 contracts
Sources: Separation and Distribution Agreement (International Seaways, Inc.), Separation and Distribution Agreement (International Seaways, Inc.)
Remedies Cumulative. The remedies provided in this Article IV shall be cumulative and, subject to the provisions of Article VIII, shall not preclude assertion by any Indemnitee of any other rights or the seeking of any and all other remedies against any Indemnifying Party.. Right of Contribution (a)
Appears in 2 contracts
Sources: Separation and Distribution Agreement (Paramount Gold & Silver Corp.), Separation and Distribution Agreement (Paramount Gold Nevada Corp.)
Remedies Cumulative. The remedies provided in this Article IV shall be cumulative and, subject to the provisions of Article VIIISections 4.08 and 8.01, shall not preclude assertion by any Indemnitee of any other rights or the seeking of any and all other remedies against any Indemnifying Party.
Appears in 2 contracts
Sources: Separation and Distribution Agreement (Quorum Health Corp), Separation and Distribution Agreement (Quorum Health Corp)
Remedies Cumulative. The remedies provided in this Article IV ------------------- shall be cumulative and, subject to the provisions of Article VIII, and shall not preclude assertion by any Indemnitee of any other rights or the seeking of any and all other remedies against any Indemnifying Party.
Appears in 2 contracts
Sources: Distribution Agreement (Premark International Inc), Distribution Agreement (Tupperware Corp)
Remedies Cumulative. The remedies provided in this Article IV shall be cumulative and, subject to the provisions of Article VIII, and shall not preclude assertion by any an Indemnitee of any other rights or the seeking of any and all other remedies against any Indemnifying Party.
Appears in 2 contracts
Sources: Distribution Agreement (Tender Loving Care Health Care Services Inc/ Ny), Distribution Agreement (Tender Loving Care Health Care Services Inc/ Ny)
Remedies Cumulative. The remedies provided in this Article IV VIII shall be cumulative and, subject to the provisions of Article VIII, shall not preclude assertion by any Indemnitee of any other rights or the seeking of any and all other remedies against any Indemnifying Party.
Appears in 2 contracts
Sources: Separation and Distribution Agreement, Separation and Distribution Agreement (Livent Corp.)
Remedies Cumulative. The remedies provided in this Article IV VII shall be cumulative and, subject to the provisions of Article VIII, and shall not preclude assertion by any an Indemnitee of any other rights or the seeking of any and all other remedies against any Indemnifying Party.
Appears in 2 contracts
Sources: Know How License and Stock Purchase Agreement (Regenicin, Inc.), Know How License and Stock Purchase Agreement (Regenicin, Inc.)
Remedies Cumulative. The remedies provided in this Article IV shall be cumulative and, subject to the provisions of Article VIIISections 4.05(g) and 7.01, shall not preclude assertion by any Indemnitee of any other rights or the seeking of any and all other remedies against any Indemnifying Party.
Appears in 1 contract
Sources: Separation and Distribution Agreement (Hospira Inc)
Remedies Cumulative. The remedies provided in this Article IV IX shall be cumulative and, subject to the provisions of Article VIIISection 9.09 and Section 11.01, shall not preclude assertion by any Indemnitee of any other rights or the seeking of any and all other remedies against any Indemnifying Party.
Appears in 1 contract
Remedies Cumulative. The remedies provided in this Article IV Article VIII shall be cumulative and, subject to the provisions of Article Article VIII, shall not preclude assertion by any Indemnitee of any other rights or the seeking of any and all other remedies against any Indemnifying Party.
Appears in 1 contract
Sources: Separation and Distribution Agreement (Livent Corp.)
Remedies Cumulative. The remedies provided in this Article IV V shall be cumulative and, subject to the provisions of Article VIII, shall not preclude assertion by any Indemnitee Indemnified Party of any other rights or the seeking of any and all other remedies against any Indemnifying Party.
Appears in 1 contract
Remedies Cumulative. The remedies provided in this Article IV II shall be cumulative and, subject to the provisions of Article VIII, and shall not preclude assertion by any an Indemnitee of any other rights or the seeking of any and all other remedies against any Indemnifying Party.
Appears in 1 contract
Remedies Cumulative. The remedies provided in this Article IV VII shall be cumulative and, subject to the provisions of Article VIIIV, shall not preclude assertion by any Indemnitee of any other rights or the seeking of any and all other remedies against any Indemnifying Party.
Appears in 1 contract
Remedies Cumulative. The remedies provided in this Article IV shall be cumulative and, subject to the provisions of Article VIIIVIII and Section 5.2(f), shall not preclude assertion by any Indemnitee of any other rights or the seeking of any and all other remedies against any Indemnifying Party.
Appears in 1 contract
Sources: Separation and Distribution Agreement (Collagen Corp /De)