Common use of Other Indemnification Provisions Clause in Contracts

Other Indemnification Provisions. The foregoing indemnification provisions under this Section 9 are in addition to any statutory, equitable or common law remedy any party may have for breach of representation, warranty or covenant.

Appears in 2 contracts

Samples: Exchange Agreement (Amedisys Inc), Agreement and Plan of Merger (Epicedge Inc)

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Other Indemnification Provisions. The foregoing indemnification provisions under in this Section 9 8 are in addition to 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; provided, however, that the Buyer acknowledges and agrees that the foregoing indemnification provisions in this Section 8 shall be the exclusive remedy of the Buyer for any breach of the representations and warranties in Section 4 above.

Appears in 2 contracts

Samples: Merger Agreement (Xpedior Inc), Stock Purchase Agreement (Ralcorp Holdings Inc /Mo)

Other Indemnification Provisions. The foregoing indemnification provisions under this Section 9 set forth in Sections 8(a), 8(b), 8(c) and 8(d) are in addition to 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. The Buyer shall have the right to recoup from any amount due to the Seller any amount due from the Seller under this Section 8.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Cumulus Media Inc), Stock Purchase Agreement (Cumulus Media Inc)

Other Indemnification Provisions. The foregoing indemnification provisions under in this Section 9 8 are in addition to 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; provided, however, that Buyers acknowledge and agree that the foregoing indemnification provisions in this Section 8 shall be the exclusive remedy of Buyers for any breach of the representations and warranties in Section 4 above.

Appears in 1 contract

Samples: Agreement for Sale and Purchase of Membership Interests (Central Parking Corp)

Other Indemnification Provisions. The foregoing indemnification provisions under in this Section 9 8 are in addition to 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, provided, however, that the Buyer's obligations under the Buyer's Note shall be non-recourse and Buyer's recourse obligations hereunder shall be limited exclusively to the warranties and representations set forth in Section 3(b) hereof.

Appears in 1 contract

Samples: Stock Purchase Agreement (Lahaina Acquisitions Inc)

Other Indemnification Provisions. The foregoing indemnification provisions under in this Section 9 8 are in addition to 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; PROVIDED, HOWEVER, that Buyer and Parent acknowledge and agree that the foregoing indemnification provisions in this Section 8 will be the exclusive remedy of Buyer for any breach of the representations and warranties in Section 4 above.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Smart Choice Automotive Group Inc)

Other Indemnification Provisions. The foregoing indemnification provisions under in this Section 9 sec. 10 are in addition to 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 covenantcovenant provided, however, that the Buyer acknowledges and agrees that the foregoing indemnification provisions in this sec. 10 shall be the exclusive remedy of the Buyer for any breach of the representations and warranties in sec. 5 or sec. 6 above. 11.

Appears in 1 contract

Samples: Stock and Asset Purchase Agreement (Lynch Corp)

Other Indemnification Provisions. The foregoing indemnification provisions under in this Section 9 8 are in addition to 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., provided, however, that the Buyer's obligations under the Buyer's Note shall be non-

Appears in 1 contract

Samples: Stock Purchase Agreement (Lahaina Acquisitions Inc)

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Other Indemnification Provisions. 8.6.1 The foregoing indemnification provisions under in this Section 9 Article 8 are in addition to any statutory, equitable or common law remedy any party may have for breach of any representation, warranty warranty, covenant, or covenantother provision of this Agreement.

Appears in 1 contract

Samples: Stock Purchase Agreement (Penske Automotive Group, Inc.)

Other Indemnification Provisions. The foregoing indemnification provisions under in this Section 9 10 are in addition to 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 covenantcovenant PROVIDED, HOWEVER, that the Buyer acknowledges and agrees that the foregoing indemnification provisions in this Section 10 shall be the exclusive remedy of the Buyer for any breach of the representations and warranties in Section 5 or Section 6 above.

Appears in 1 contract

Samples: Stock and Asset Purchase Agreement (Spinnaker Industries Inc)

Other Indemnification Provisions. The foregoing indemnification provisions under in this Section 9 are in addition to any statutory, equitable or common law Article 8 shall be the exclusive remedy any party may have for damages for breach of any representation, warranty warranty, or covenant.covenant herein. Except as provided herein, no representations or warranties are being provided by Seller with respect to the transactions contemplated hereby. Nothing herein shall prevent any party from seeking equitable relief

Appears in 1 contract

Samples: Stock Purchase Agreement (Boots & Coots International Well Control Inc)

Other Indemnification Provisions. The foregoing indemnification provisions under in this Section 9 8 are in addition to 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; PROVIDED, HOWEVER, that the Buyer acknowledges and agrees that the foregoing indemnification provisions in this Section 8 shall be the exclusive remedy of the Buyer for any breach of the representations and warranties in Section 3 above.

Appears in 1 contract

Samples: Asset Purchase Agreement (Cynet Inc)

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