Effect of Xxxxxxxxxxx. Xx the event of the termination of this Agreement as provided in this Article XII, this Agreement shall forthwith become null and void and of no further force or effect, except for provisions that are specifically identified as intended to survive such termination (including Sections 2.03(a)(i) and 4.01, Section 12.06 (as contemplated therein) and this Section 12.07). Notwithstanding the foregoing, nothing herein shall relieve any Party hereto from liability for any fraud or any intentional and material breach of any provision hereof.
Effect of Xxxxxxxxxxx. Xx the event of the termination of this Agreement in accordance with this Section 14.1, this Agreement shall forthwith become void (except for the provisions of ARTICLE XVII) and there shall be no liability on the part of any Party hereto except as set forth in this ARTICLE XIV.
Effect of Xxxxxxxxxxx. 00.0 X xxxxxxx xxxxxxxx smlouvy budou částky, na které na základě této smlouvy vzniká nárok, omezeny na poměrně krácenou odměnu dle služeb skutečně poskytnutých dle protokolu, stanovenou dle Přílohy 2. 16.1 In the event of termination, the sum payable under this Agreement shall be limited to prorated fees based on actual Services performed pursuant to the Protocol as determined in accordance with Schedule 2.
Effect of Xxxxxxxxxxx. Xx the event that this Agreement is validly terminated as provided herein, then each of the parties shall be relieved of its duties and obligations arising under this Agreement effective as of the date of such termination and such termination shall be without Liability to the Purchaser or the Sellers; provided, however, that Section 3.4, Section 3.5, this Section 3.6, Article 12, and the Bidding Procedures Order shall survive any such termination and shall be enforceable hereunder. In no event shall any termination of this Agreement relieve any party hereto of any Liability for any willful breach of this Agreement by such party.
Effect of Xxxxxxxxxxx. Xx the event of the termination of this Agreement as provided in Section 8.1, written notice thereof shall be given to the other party or parties, specifying the provision hereof pursuant to which such termination is made, and this Agreement shall forthwith become null and void (other than Sections 6.9, 8.2 and 8.3, Article IX and the last sentence of Section 6.6, and the Confidentiality Agreement in accordance with its terms, all of which shall survive termination of this Agreement), and there shall be no liability on the part of Parent, Merger Sub or the Company or their respective directors, officers and Affiliates, except (i) the Company may have liability as provided in Section 8.3 and (ii) nothing shall relieve any party from liability for fraud.
Effect of Xxxxxxxxxxx. Xx the event of termination of this Agreement or any agreement contemplated hereby, this Agreement or any such other agreement shall forthwith become void and there shall be no liability or obligation hereunder or thereunder on the part of any party hereto. Section 9.3
Effect of Xxxxxxxxxxx. Xx the event this Agreement is terminated pursuant to Sections 13.1.2 through 13.1.5, any party not then in material breach of this Agreement shall be entitled to pursue, exercise and enforce any and all remedies, rights, powers and privileges available at Law or in equity, except that in no event shall any party be liable to any other party for lost profits or indirect, incidental, consequential, special, punitive or exemplary damages in connection with such termination of this Agreement. In the event of a termination of this Agreement under Sections 13.1.1, 13.1.6 or 13.1.7, the parties hereto shall stand fully released and discharged of any and all obligations under this Agreement.
Effect of Xxxxxxxxxxx. Xx the event this Agreement is terminated by either the Purchaser or the Sellers Representative as provided above, (a) the provisions of this Agreement shall immediately become void and of no further force and effect (other than this Section 7.02 and Article X hereof which shall survive the termination of this Agreement), provided, however, that the Confidentiality Agreement will survive the termination of this Agreement in accordance with its terms, and (b) there shall be no liability on the part of any of the Purchaser, the Merger Subs, the Company, LGC any of their respective Subsidiaries or Affiliates or the Sellers to one another, except for any Willful Breach of this Agreement prior to the time of such termination. Nothing in this Article VII shall be deemed to impair the right of any party to compel specific performance by another party of its obligations under this Agreement in accordance with the terms of this Agreement.
Effect of Xxxxxxxxxxx. Xx the event of termination of this Agreement by either the Company or EarthLink as provided in SECTION 7.1, this Agreement shall forthwith become void and have no effect, without any current or future liability or obligation on the part of EarthLink or the Company, other than the confidentiality provisions of SECTION 5.2, the provisions of SECTION 8.3 and the provisions of ARTICLE IX. Any termination of this Agreement pursuant to SECTION 7.1 hereof shall not relieve any party hereto for liabilities related to any breach of any of its representations, warranties, covenants or agreements in this Agreement, which right to recover damages shall be in addition to (and not exclusive of) any other remedy at law or in equity available to any party, including without limitation the Company Termination Fee set forth in SECTION 8.3 hereof.
Effect of Xxxxxxxxxxx. Xx the event of termination of this Agreement by any Party as provided in Section 9.1, this Agreement shall forthwith become void and there shall be no liability or obligation on the part of any other Party except (a) with respect to any actual liabilities or damages incurred or suffered by any other Party as a result of the willful breach by the breaching Party of any of its representations, warranties, covenants or other agreements set forth in this Agreement, and (b) with respect to provisions hereof that expressly survive the termination of this Agreement.
