Determination of Indemnified Amounts. The Indemnified Amounts payable by an Indemnifying Party hereunder shall be determined (a) by the written agreement of the parties, (b) by mediation, (c) by a final judgment or decree of any court of competent jurisdiction, or (d) by any other means agreed to in writing by the Parties. A judgment or decree of a court shall be deemed final when the time for appeal, if any, has expired and no appeal shall have been taken or when all appeals taken have been fully determined.
Appears in 3 contracts
Samples: Stock Purchase Agreement (Investools Inc), Stock Purchase Agreement (Hadzi-Pavlovic Vojin and Gloria), Stock Purchase Agreement (Villageedocs Inc)
Determination of Indemnified Amounts. The Indemnified Amounts payable by an Indemnifying Party hereunder shall be determined (ai) by the written agreement of the parties, (bii) by mediation, (ciii) by a final judgment or decree of any court of competent jurisdiction, or (div) by any other means agreed to in writing by the Partiesparties. A judgment or decree of a court shall be deemed final when the time for appeal, if any, has shall have expired and no appeal shall have been taken or when all appeals taken have been fully determined.
Appears in 1 contract
Determination of Indemnified Amounts. (a) The Indemnified Amounts payable by an Indemnifying Party hereunder shall be determined (ai) by the written agreement of the parties, (bii) by mediation, (ciii) by a final court judgment or decree of any court of competent jurisdiction, or (div) by any other means agreed to in writing by the Partiesparties. A judgment or decree of a court shall be deemed final when the time for appeal, if any, has shall have expired and no appeal shall have been taken or when all appeals taken have been fully determined.
Appears in 1 contract
Samples: Recapitalization and Investment Agreement (Pike Holdings, Inc.)
