Other Indemnification Provisions. The foregoing indemnification provisions are in addition to, and not in derogation of, any statutory, equitable, or common law remedy any Party may have for breach of representation, warranty, or covenant.
Appears in 25 contracts
Samples: Asset Purchase Agreement (Silicon Graphics International Corp), Stock Purchase Agreement (Phoenix Group Corp), Asset Purchase Agreement (Teamstaff Inc)
Other Indemnification Provisions. The foregoing indemnification provisions are in addition to, and not in derogation of, any statutory, equitable, statutory or common law remedy any Party may have for breach of representation, warranty, or covenant.
Appears in 12 contracts
Samples: Asset Purchase Agreement (New World Brands Inc), Program Service and Time Brokerage Agreement (Cumulus Media Inc), Asset Purchase Agreement (Pico Products Inc)
Other Indemnification Provisions. The foregoing indemnification provisions are in addition to, and not in derogation of, any statutory, equitable, or common law remedy any Party party may have for breach of representationwith respect to the transactions contemplated by this Agreement and any rights any party may have under any other agreement, warrantydocument or instrument, or covenantincluding, without limitation, the Registration Rights Agreement.
Appears in 8 contracts
Samples: Series H Preferred Stock Purchase Agreement (Vie Financial Group Inc), Preferred Stock Purchase Agreement (Softbank Holdings Inc Et Al), Preferred Stock Purchase Agreement (Softbank Corp)
Other Indemnification Provisions. The foregoing indemnification provisions are in addition to, and not in derogation of, any statutory, equitable, or common law remedy any Party may have for breach of representation, warranty, or covenantthis Agreement.
Appears in 7 contracts
Samples: Switch Agreement (Equalnet Holding Corp), Asset Purchase Agreement (First Sierra Financial Inc), Merger Agreement (Equalnet Holding Corp)
Other Indemnification Provisions. The foregoing indemnification provisions are in addition to, and not in derogation of, any statutory, equitable, statutory or common law remedy any Party party may have for breach of representation, warranty, or covenant.
Appears in 6 contracts
Samples: Asset Purchase Agreement (Cumulus Media Inc), Asset Purchase Agreement (Cumulus Media Inc), Asset Purchase Agreement (Cumulus Media Inc)
Other Indemnification Provisions. The foregoing indemnification provisions are in addition to, and not in derogation of, any statutory, equitable, or common law remedy any Party party may have for breach of representation, warranty, or covenant.
Appears in 6 contracts
Samples: Share Purchase Agreement (Continental Illinois Venture Corp), Registration Rights Agreement (Factual Data Corp), Service Agreement (Seafield Capital Corp)
Other Indemnification Provisions. The foregoing indemnification provisions are in addition to, and not in derogation of, any statutory, equitable, or common law remedy any Party party may have for any misrepresentation made in connection with the transactions contemplated by this Agreement, or any breach of representation, warranty, warranty or covenantnon-fulfillment of or failure to perform any covenant or agreement.
Appears in 4 contracts
Samples: Primary Agreement (Eco Telecom LTD), Primary Agreement (Eco Telecom LTD), Primary Agreement (Telenor East Invest As)
Other Indemnification Provisions. The foregoing indemnification provisions are in addition to, and not in derogation of, any other indemnification provisions in this Agreement, or any contractual, statutory, equitable, equitable or common law remedy any Party party may have for the breach of any representation, warranty, warranty or covenant.
Appears in 3 contracts
Samples: Membership Purchase Agreement (Lithia Motors Inc), 3 Stock Purchase Agreement (Lithia Motors Inc), Stock Purchase Agreement (Cross Continent Auto Retailers Inc M&l)
Other Indemnification Provisions. The foregoing indemnification provisions are in addition to, and not in derogation of, any statutory, equitable, statutory or common law remedy any Party party may have for breach of representation, warranty, warranty or covenant.
Appears in 3 contracts
Samples: Asset Purchase Agreement (Surebet Casinos Inc), Stock Purchase Agreement (Realamerica Co/New), Realamerica Co/New
Other Indemnification Provisions. The Except as provided in Section 8(f) above, the foregoing indemnification provisions are in addition to, and not in derogation of, any statutory, equitable, statutory or common law remedy any Party may have for breach of representation, warranty, or covenant.
Appears in 3 contracts
Samples: Stock Purchase Agreement (Xpedior Inc), Stock Purchase Agreement (Answerthink Consulting Group Inc), Merger Agreement (Answerthink Consulting Group Inc)
Other Indemnification Provisions. The foregoing indemnification provisions are in addition to, and not in derogation of, any statutory, equitable, statutory or common law remedy any Party may have for breach of representation, warranty, or covenantintentional fraud.
Appears in 3 contracts
Samples: Stock Purchase Agreement (Ns Group Inc), Stock Purchase Agreement (Sovereign Specialty Chemicals Inc), Stock Purchase Agreement (Ns Group Inc)
Other Indemnification Provisions. (a) The foregoing indemnification provisions are in addition to, and not in derogation of, any statutory, equitable, remedy at Law or common law remedy in equity that any Party may have for breach of representation, warranty, or covenantwith respect to the Transactions.
Appears in 2 contracts
Samples: Mutual Stock Purchase Agreement (United Fuel & Energy Corp), Stock Purchase Agreement (Northgate Innovations Inc)
Other Indemnification Provisions. The foregoing indemnification provisions under this Section 9 are in addition to, and not in derogation of, any statutory, equitable, equitable or common law remedy any Party party may have for breach of representation, warranty, warranty or covenant.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Amedisys Inc), Exchange Agreement (Amedisys Inc)
Other Indemnification Provisions. (a) The foregoing indemnification provisions are in addition to, and not in derogation of, any statutory, equitable, remedy at law or common law remedy in equity that any Party may have for breach of representation, warranty, or covenantwith respect to the Transactions.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Cygne Designs Inc), Asset Purchase Agreement (Innovo Group Inc)
Other Indemnification Provisions. The foregoing indemnification provisions are in addition to, and not in derogation of, equitable remedy (but not any statutory, equitable, statutory or common law remedy remedy) any Party may have for breach of representation, warranty, or covenantcovenant (including without limitation any such remedy arising under Environmental, Health, and Safety Requirements) any Party may have with respect to the Business or the transactions contemplated by this Agreement. The limitations of this provision shall not apply to any claim for fraud or willful misconduct.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Onstream Media CORP), Asset Purchase Agreement (Issuer Direct Corp)
Other Indemnification Provisions. The foregoing indemnification provisions are in addition to, and not in derogation of, any statutory, equitable, or common law remedy any Party may have for breach of representation, warranty, or covenantwith respect to the transactions contemplated by this Agreement.
Appears in 2 contracts
Samples: Purchase Agreement (Cenes Pharmaceuticals PLC), Asset Purchase Agreement (Sykes Enterprises Inc)
Other Indemnification Provisions. The foregoing indemnification provisions are in addition to, and not in derogation of, any statutory, equitable, or common law remedy any Party party may have for breach of representationwith respect to the transactions contemplated by this Agreement and any rights any party may have under any other agreement, warrantydocument or instrument, or covenantincluding, without limitation, the Investors' Rights Agreement.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Ashton Technology Group Inc), Securities Purchase Agreement (Optimark Holdings Inc)
Other Indemnification Provisions. The foregoing indemnification provisions are in addition to, and not in derogation of, any statutory, equitable, or common law remedy (including without limitation any such remedy arising under Environmental, Health, and Safety Requirements) any Party may have for breach of representation, warranty, or covenantwith respect to the transactions contemplated by this Agreement.
Appears in 2 contracts
Samples: Merger Agreement (Oakhurst Co Inc), Asset Purchase Agreement (Able Telcom Holding Corp)
Other Indemnification Provisions. The foregoing indemnification provisions are in addition to, and not in derogation of, any statutory, equitable, statutory or common law remedy any Party party may have for breach of representation, warranty, covenant or covenantcontract.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Laser Storm Inc), Asset Purchase Agreement (Laser Storm Inc)
Other Indemnification Provisions. The foregoing indemnification provisions are in addition to, and not in derogation of, any statutory, equitable, or common law remedy (including without limitation any such remedy arising under Environmental, Health, and Safety Requirements) any Party may have for breach of representation, warranty, with respect to Target or covenantthe transactions contemplated by this Agreement.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Professional Diversity Network, Inc.), Asset Purchase Agreement (Professional Diversity Network, Inc.)
Other Indemnification Provisions. The foregoing indemnification provisions under this Article X are in addition to, and not in derogation of, any statutory, equitable, equitable or common law remedy any Party party may have for breach of representation, warranty, warranty or covenant.
Appears in 2 contracts
Samples: Execution Copy (Young Innovations Inc), Execution Copy (Young Innovations Inc)
Other Indemnification Provisions. The foregoing indemnification provisions are in addition to, and not in derogation of, any statutory, equitable, equitable remedy (but not any statutory or common law remedy remedy) any Party may have for breach of representation, warranty, or covenantcovenant (including without limitation any such remedy arising under Environmental, Health, and Safety Requirements) any Party may have with respect to the Business or the transactions contemplated by this Agreement. The limitations of this provision shall not apply to any claim for fraud or willful misconduct.
Appears in 1 contract
Other Indemnification Provisions. The foregoing indemnification provisions are in addition to, and not in derogation of, any statutory, equitable, or common law remedy any Party may have for breach of representation, warranty, or covenantcovenant (including without limitation any such remedy arising under Environmental, Health, and Safety Requirements) any Party may have made with respect to the Distribution Division, the Seller or the transactions contemplated by this Agreement.
Appears in 1 contract
Other Indemnification Provisions. The foregoing indemnification provisions are in addition to, and not in derogation of, any statutory, equitable, or common law remedy any Party may have for breach of representation, warranty, or covenantcovenant any Party may have with respect to the transactions contemplated by this Agreement.
Appears in 1 contract
Other Indemnification Provisions. The foregoing indemnification provisions are in addition to, and not in derogation of, any statutory, equitable, or common law remedy any Party may have for breach of representation, warranty, or covenantcovenant (including without limitation any such remedy arising under Environmental, Health, and Safety Requirements) any Party may have with respect to CRM or the transactions contemplated by this Agreement.
Appears in 1 contract
Samples: Asset Purchase Agreement by And (New Generation Foods Inc)
Other Indemnification Provisions. The foregoing indemnification provisions are in addition to, and not in derogation of, any statutory, equitable, statutory or common law remedy any Party may have for breach of representation, warranty, covenant or covenantindemnity.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Telecom Wireless Corp/Co)
Other Indemnification Provisions. The foregoing indemnification provisions are in addition to, and not in derogation of, any statutory, equitable, or common law remedy any Party party may have for breach of representation, warranty, or covenantwith respect to the Contemplated Transactions.
Appears in 1 contract
Samples: Asset Purchase Agreement (Meridian Waste Solutions, Inc.)
Other Indemnification Provisions. The foregoing indemnification provisions are in addition to, and not in derogation of, any statutory, equitable, or common law remedy any Party may have for breach of representation, warranty, warranty or covenant.
Appears in 1 contract
Samples: Stock Purchase Agreement (Able Telcom Holding Corp)
Other Indemnification Provisions. The foregoing indemnification provisions are in addition to, and not in derogation of, any statutory, equitable, or common law remedy (including without limitation any such remedy arising under Environmental, Health, and Safety Requirements) any Party may have for breach of representation, warrantywith respect to any other Party, or covenantthe transactions contemplated by this Agreement.
Appears in 1 contract
Other Indemnification Provisions. The foregoing indemnification provisions are in addition to, and not in derogation of, any statutory, equitable, or common law law, right, remedy or defense any Party may have for or with respect to any breach of representation, warranty, or covenantcovenant (including without limitation any such remedy arising under Environmental, Health, and Safety Requirements) with respect to Sequa Can, the Business, or the transactions contemplated by this Agreement, including, without limitation, any right, remedy or defense of offset or deduction.
Appears in 1 contract
Other Indemnification Provisions. The foregoing indemnification provisions under this agreement are in addition to, and not in derogation of, any statutory, equitable, or common law remedy any Party may have for breach of representation, warranty, or covenant.
Appears in 1 contract
Other Indemnification Provisions. The foregoing indemnification provisions are in addition to, and not in derogation of, any statutory, equitable, or common law remedy any Party may have for breach of representation, warranty, or covenantcovenant any Party may have with respect to the Acquired Assets, or the transactions contemplated by this Agreement.
Appears in 1 contract
Other Indemnification Provisions. The foregoing indemnification -------------------------------- provisions are in addition to, and not in derogation of, any statutory, equitable, or common law remedy any Party either party may have for breach of representation, warranty, or covenant.
Appears in 1 contract
Other Indemnification Provisions. The Except as -------------------------------- provided in Section 8(f) above, the foregoing indemnification provisions are in addition to, and not in derogation of, any statutory, equitable, statutory or common law remedy any Party may have for breach of representation, warranty, or covenant.
Appears in 1 contract
Samples: Merger Agreement (Answer Think Consulting Group Inc)
Other Indemnification Provisions. The foregoing indemnification -------------------------------- provisions are in addition to, and not in derogation of, any statutory, equitable, equitable (including the right to specific performance) or common law remedy any Party party may have for breach of a representation, warranty, warranty or covenant.
Appears in 1 contract
Other Indemnification Provisions. The foregoing indemnification provisions are in addition to, and not in derogation of, any statutory, equitable, or common law remedy any Party may have for breach of representation, warranty, or covenantthe transactions contemplated by this Agreement.
Appears in 1 contract
Samples: Share Exchange Agreement (Equus Total Return, Inc.)
Other Indemnification Provisions. The foregoing indemnification provisions under this Section 12 are in addition to, and not in derogation of, to any statutory, equitable, equitable or common law remedy any Party party may have for breach of representation, warranty, warranty or covenant.
Appears in 1 contract
Other Indemnification Provisions. The foregoing indemnification provisions are in addition to, and not in derogation of, any statutory, equitable, or common law remedy any Party party may have for any misrepresentation made in connection with the transactions contemplated by this Agreement, breach of representation, warranty, warranty or covenantnon-fulfillment of or failure to perform any covenant or agreement.
Appears in 1 contract
Other Indemnification Provisions. The foregoing indemnification provisions are in addition to, and not in derogation of, any statutory, equitable, equitable or common law remedy any Party may have for breach of representation, warrantywarranty or covenant any Party may have with respect to the Seller, or covenantthe transactions contemplated by this Agreement.
Appears in 1 contract
Other Indemnification Provisions. The foregoing indemnification provisions are in addition to, and not in derogation of, any statutory, equitable, or common law remedy (including without limitation any such remedy arising under Environmental Laws and Health and Safety Requirements) any Party may have for breach of representation, warranty, or covenantwith respect to the transactions contemplated by this Agreement.
Appears in 1 contract
Samples: Stock Purchase Agreement (Premier Research Worldwide LTD)
Other Indemnification Provisions. The foregoing indemnification provisions are in addition to, and not in derogation of, any statutory, equitable, or common law remedy any Indemnified Party may have for breach of representation, warranty, or covenantagainst the Company.
Appears in 1 contract
Other Indemnification Provisions. The foregoing indemnification provisions are in addition to, and not in derogation of, any statutory, equitable, or common law remedy (including without limitation any such remedy arising under Environmental, Health, and Safety Requirements) any Party may have for breach of representation, warranty, with respect to the Target or covenantthe Transaction.
Appears in 1 contract
Other Indemnification Provisions. The foregoing indemnification provisions are in addition to, and not in derogation of, any statutory, equitable, or common law remedy any Party may have for breach of representation, warranty, or covenantcovenant any Party may have with respect to the Seller, or the transactions contemplated by this Agreement.
Appears in 1 contract
Other Indemnification Provisions. The foregoing indemnification provisions are in addition to, and not in derogation of, any statutory, equitable, or common law remedy (including any such remedy arising under Environmental, Health and Safety Requirements) any Party may have for breach of representation, warranty, or covenantcovenant with respect to the Company or the transactions contemplated by this Agreement.
Appears in 1 contract
Other Indemnification Provisions. The foregoing indemnification provisions are in addition to, and not in derogation of, any statutory, equitable, or common law remedy any remedies that a Party may have for breach of representation, warranty, or covenantin its favor.
Appears in 1 contract
Samples: Asset Purchase Agreement (Mdi, Inc.)
Other Indemnification Provisions. The foregoing indemnification provisions are in addition to, and not in derogation of, any statutory, equitable, statutory or common law Law remedy any Party may have for breach of representation, warranty, warranty or covenant. The Company and Buyer shall also be entitled to such equitable remedies for any breach of the Buyer or the Company's and the Principal Shareholders' representations, warranties or covenants as are permitted by applicable statutory or common Law.
Appears in 1 contract
Other Indemnification Provisions. The foregoing indemnification provisions are in addition to, and not in derogation of, any statutory, equitable, or common law remedy any Party may have for breach of representation, warrantywith respect to any other Party, or covenantthe transactions contemplated by this Agreement.
Appears in 1 contract
Samples: Software Purchase Agreement (Cyberfort Software, Inc.)
Other Indemnification Provisions. The foregoing indemnification provisions are in addition to, and not in derogation of, any statutory, equitable, or common law remedy any Party may have for breach of representation, warranty, or covenantcovenant any Party may have with respect to the Seller or Web Site, or the transactions contemplated by this Agreement.
Appears in 1 contract
Samples: Asset Purchase Agreement (Interactive Magic Inc /Nc/)
Other Indemnification Provisions. The foregoing indemnification provisions are in addition to, and not in derogation of, any statutory, equitable, or common law remedy any Party may have for breach of any representation, warranty, or covenantcovenant with respect to the Business or the transactions contemplated by this Agreement.
Appears in 1 contract
Other Indemnification Provisions. The foregoing indemnification provisions provision are in addition to, and not in derogation of, any statutory, equitable, or common law remedy any Party party may have for breach of representationwith respect to the transactions contemplated by this Agreement and any rights any party may have under any other agreement, warrantydocument or instrument, or covenantincluding, without limitation, the Registration Rights Agreement.
Appears in 1 contract
Samples: Common Stock and Warrant Purchase Agreement (Niku Corp)
Other Indemnification Provisions. The foregoing indemnification provisions are in addition to, to and not in derogation of, any statutory, equitable, equitable or common law remedy any Party may have for breach of representation, warranty, warranty or covenant, subject to the time limits provided in Sections 5(b)(1) and 5(c)(1).
Appears in 1 contract
Other Indemnification Provisions. The foregoing indemnification provisions are in addition to, and not in derogation of, any statutory, equitable, or common law remedy any Party may have for breach of any representation, warranty, or covenantcovenant with respect to the Division or the transactions contemplated by this Agreement.
Appears in 1 contract
Other Indemnification Provisions. The foregoing indemnification provisions are in addition to, and not in derogation of, any statutory, equitable, or common law remedy any Party may have for breach of representation, warranty, or covenantcovenant (including without limitation any such remedy arising under Environmental, Health, and Safety Requirements) any Party may have with respect to FPD Parent, FPD, Buyer, or the transactions contemplated by this Agreement.
Appears in 1 contract
Other Indemnification Provisions. The foregoing indemnification provisions are in addition to, and not in derogation of, any statutory, equitable, or common law remedy any Party may have for breach of representation, warranty, or covenant.covenant SECTION 11 OTHER PROVISIONS ----------------
Appears in 1 contract
Samples: 7 Asset Purchase and Development Agreement (Orca Technologies Inc)
Other Indemnification Provisions. The foregoing Except as provided herein, the indemnification provisions hereof are in addition to, and not in derogation of, any statutory, equitable, or common law remedy any Party may have for breach of representation, warranty, or covenant.
Appears in 1 contract
Other Indemnification Provisions. The foregoing indemnification provisions are in addition to, and not in derogation of, any statutory, equitable, or common law remedy any Party party may have for breach of representation, warranty, or covenant.. 276
Appears in 1 contract
Samples: Asset Purchase and Settlement Agreement (Palomar Medical Technologies Inc)
Other Indemnification Provisions. The foregoing indemnification provisions are in addition to, and not in derogation of, any statutory, equitable, remedy at Law or common law remedy in equity that any Party may have for breach of representation, warranty, or covenantwith respect to the transactions contemplated hereby.
Appears in 1 contract
Other Indemnification Provisions. The foregoing above indemnification provisions are in addition to, and not in derogation of, any statutory, equitable, equitable or common law remedy any Party may have for breach of representation, warranty, or covenantwith respect to the transactions contemplated by this Agreement.
Appears in 1 contract
Samples: Asset Purchase Agreement (American Metals Recovery & Recycling Inc.)
Other Indemnification Provisions. The foregoing indemnification provisions are in addition to, and not in derogation of, any statutory, equitable, or common law remedy (including without limitation any Party such remedy arising under Environmental, Health, and Safety Requirements) the Parties may have for breach of representation, warrantywith respect to each other, or covenantthe transactions contemplated by this Agreement.
Appears in 1 contract
Samples: Property Purchase Agreement (Titan Holding Group, Inc.)
Other Indemnification Provisions. The foregoing indemnification provisions are in addition to, and not in derogation of, any statutory, equitable, or common law remedy any Party may have for breach of representation, warranty, or covenant; provided, however, that in the event of a conflict between any such statutory, equitable or common law remedy and the provisions of Section 9(b)(iii) above, the provisions of Section 9(b)(iii) shall prevail.
Appears in 1 contract
Samples: Asset Purchase Agreement (Pinnacle Data Systems Inc)
Other Indemnification Provisions. The foregoing indemnification provisions are in addition additional to, and not in derogation of, any statutory, equitable, statutory or common law remedy any Party party may have for breach of representation, warranty, covenant or covenantcontract.
Appears in 1 contract
Samples: Agreement (Quiznos Corp)
Other Indemnification Provisions. The foregoing indemnification provisions are in addition to, and not in derogation of, any other indemnification provisions in this Agreement, or any contractual, statutory, equitable, or common law remedy any Party party may have for the breach of any representation, warranty, or covenant.
Appears in 1 contract
Samples: Stock Purchase Agreement (South Dakota Soybean Processors LLC)
Other Indemnification Provisions. The foregoing indemnification provisions are in addition additional to, and not in derogation of, any statutory, equitable, statutory or common law remedy any Party party may have for breach of representation, warranty, covenant, or covenantcontract.
Appears in 1 contract
