Common use of Determination of Damages Clause in Contracts

Determination of Damages. For purposes of determining the amount of Damages, but not for purposes of determining whether a breach has occurred giving rise to Damages, any inaccuracy in or breach of any representation or warranty shall be determined without regard to any materiality, Material Adverse Effect or other similar qualification contained in or otherwise applicable to such representation or warranty.

Appears in 1 contract

Samples: Interest Purchase Agreement (Neenah Paper Inc)

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Determination of Damages. For purposes of determining the amount of Damages, but not Solely for purposes of determining whether a breach has occurred giving rise to Damages, Damages (but not for determining any inaccuracy in or breach of any representation or warranty warranty) with respect to this Article X, such Damages shall be determined without regard to any materiality, Material Adverse Effect or other similar qualification contained in or otherwise applicable to such representation or warranty.

Appears in 1 contract

Samples: Agreement and Plan of Merger (GigOptix, Inc.)

Determination of Damages. For purposes of determining the amount of Damages, but not for purposes of determining whether a breach has occurred giving rise to Damages, Damages and/or any inaccuracy in or breach of any representation or warranty with respect to this Article X, such Damages shall be determined without regard to any materiality, Material Adverse Effect or other similar qualification contained in or otherwise applicable to such representation or warranty.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Novume Solutions, Inc.)

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Determination of Damages. For purposes of determining the amount of Damages, but not for purposes of determining whether a breach has occurred giving rise to Damages, Damages resulting from (i) any inaccuracy in or breach of any representation or warranty warranty, or (ii) any breach of any covenant, such Damages shall be determined without regard to any materiality, Material Adverse Effect or other similar qualification contained in or otherwise applicable to such representation representation, warranty or warrantycovenant.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Novume Solutions, Inc.)

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