Common use of Liability Upon Termination Clause in Contracts

Liability Upon Termination. If this Agreement is terminated under paragraph (a) or (d) of Section 11.2, then no party shall have any liability to any other party hereunder. If this Agreement is terminated under paragraph (b) or (c) of Section 11.2, then (i) the party so terminating this Agreement shall not have any liability to any other party hereto, provided the terminating party has not breached any representation or warranty or failed to comply with any of its covenants in this Agreement, and (ii) such termination shall not prejudice the rights and remedies of the terminating party against any other party which has breached any of its representations, warranties or covenants herein prior to such termination.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Carriage Services Inc), Asset Purchase Agreement (Brazos Sportswear Inc /De/)

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Liability Upon Termination. If this Agreement is terminated under paragraph (a) or (d) of Section 11.2, then no party shall have any liability to any other party hereunderparties here under. If this Agreement is terminated under paragraph (b) or (c) of Section 11.2, then (i) the party so terminating this Agreement shall not have any liability to any other party hereto, provided the terminating party has not breached any representation or warranty or failed to comply with any of its covenants in this Agreement, and (ii) such termination shall not prejudice the rights and remedies of the terminating party against any other party which has breached any of its representations, warranties or covenants herein prior to such termination.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Carriage Services Inc), Agreement and Plan of Merger (Carriage Services Inc)

Liability Upon Termination. If this Agreement is terminated under paragraph (a) or (d) of Section 11.2, then no party shall have any liability to any other party hereunder. If this Agreement is terminated under paragraph (b) or (c) of Section 11.2, then (i) the party so terminating this Agreement shall not have any liability to any other party hereto, provided the terminating party has not breached any representation or warranty or failed to comply with any of its covenants in this Agreement, and (ii) such termination termi nation shall not prejudice the rights and remedies of the terminating party against any other party which has breached any of its representations, warranties or covenants herein prior to such termination.

Appears in 1 contract

Samples: Asset Purchase Agreement (Carriage Services Inc)

Liability Upon Termination. If this Agreement is terminated under paragraph (a) or (d) of Section 11.29.2, then no party shall have any liability to any other party parties hereunder. If this Agreement is terminated under paragraph (b) or (c) of Section 11.29.2, then (i) the party so terminating this Agreement shall not have any liability to any other party hereto, provided the terminating party has not breached any representation or warranty or failed to comply with any of its covenants in this Agreement, and (ii) such termination shall not prejudice the rights and remedies of the terminating party against any other party which has breached any of its representations, warranties or covenants herein prior to such termination.

Appears in 1 contract

Samples: Merger Agreement (Carriage Services Inc)

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Liability Upon Termination. If this Agreement is terminated under paragraph (a), (d) or (de) of Section 11.2, then no party shall have any liability to any other party hereunder. If this Agreement is terminated under paragraph (b) or (c) of Section 11.2, then (i) the party so terminating this Agreement shall not have any liability to any other party hereto, provided the terminating party has not breached any representation or warranty or failed to comply with any of its covenants in this Agreement, and (ii) such termination shall not prejudice the rights and remedies of the terminating party against any other party which has breached any of its representations, warranties or covenants herein prior to such termination.

Appears in 1 contract

Samples: Asset Purchase Agreement (Carriage Services Inc)

Liability Upon Termination. If this Agreement is terminated under paragraph Sections 8.2 (a) or (d) of Section 11.2), then no party shall have any liability to any other party hereunder. If this Agreement is terminated under paragraph (bSections 8.2(b) or (c) of Section 11.2), then (i) the party so terminating this Agreement shall not have any liability to any other party hereto, provided the terminating party has not breached any representation or warranty or failed to comply with any of its covenants in this Agreement, and (ii) such termination shall not prejudice the rights and remedies of the terminating party against any other party which has breached any of its representations, warranties or covenants herein prior to such termination.

Appears in 1 contract

Samples: Technology Purchase Agreement (Medicalcv Inc)

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