Common use of Effect of Xxxxxxxxxxx Clause in Contracts

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.

Appears in 2 contracts

Samples: Asset Purchase and Sale Agreement, Asset Purchase and Sale Agreement

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Effect of Xxxxxxxxxxx. Xx the event of the termination of this Agreement as provided‌ 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.

Appears in 1 contract

Samples: Asset Purchase and Sale Agreement (Norfolk Southern Corp)

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Effect of Xxxxxxxxxxx. Xx the event of the termination of this Agreement as provided‌ in this Article XIIpursuant to Section 9.01, this Agreement shall forthwith become null void, and void and there shall be no liability on the part of no further force or effectany party hereto, except for provisions that are specifically identified (a) as intended to survive such termination set forth in Section 9.03 and (including Sections 2.03(a)(ib) and 4.01, Section 12.06 (as contemplated therein) and this Section 12.07). Notwithstanding the foregoing, nothing herein shall relieve any Party hereto party from liability for any fraud or breach hereof prior to the date of such termination; provided, however, that the Confidentiality Agreement shall survive any intentional and material breach termination of any provision hereofthis Agreement.

Appears in 1 contract

Samples: Agreement and Plan of Merger (D & K Healthcare Resources Inc)

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