Common use of Entitlement to Indemnification, Exclusivity Clause in Contracts

Entitlement to Indemnification, Exclusivity. (a) Except as otherwise provided herein, each Purchaser Indemnified Party or Seller Indemnified Party, as the case may be, shall be entitled to indemnity under SECTION 11.1 or 11.2, as applicable, for any and all claims as to which notice is given pursuant to SECTION 11.4 during the applicable period set forth in SECTION 11.5. The termination of the representations and warranties contained in this Agreement shall not affect the rights of any Purchaser Indemnified Party or Seller Indemnified Party, as applicable, to prosecute to conclusion any claim resulting from any breach of a representation or warranty as to which notice is given pursuant to SECTION 11.4 prior to the termination of such representation or warranty.

Appears in 1 contract

Samples: Stock Purchase Agreement (Saxon Capital Inc)

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Entitlement to Indemnification, Exclusivity. (a) Except as otherwise provided herein, each Purchaser Each Indemnified Buyer Party or Indemnified Seller Indemnified Party, as the case may be, shall be entitled to indemnity under SECTION 11.1 Section 12.1(a)(ii) or 11.212.2(a)(iii), as applicable, for any and all claims as to which notice is given pursuant to SECTION 11.4 Section 12.4 during the applicable period periods set forth in SECTION 11.5Section 12.5. The termination of the representations and warranties contained in this Agreement shall not affect the rights of any Purchaser Indemnified Buyer Party or Indemnified Seller Indemnified Party, as applicable, to prosecute to conclusion any claim resulting from any breach of a representation or warranty as to which notice is given pursuant to SECTION 11.4 Section 12.4 prior to the termination of such representation or warranty.

Appears in 1 contract

Samples: Asset Purchase Agreement (Summit Technology Inc)

Entitlement to Indemnification, Exclusivity. (a) Except as otherwise provided herein, each Purchaser Each Indemnified Buyers' Party or Indemnified Seller Indemnified Party, as the case may be, shall be entitled to indemnity under SECTION 11.1 Section 12.1(a)(ii) or 11.212.2(a)(iii), as applicable, for any and all claims as to which notice is given pursuant to SECTION 11.4 Section 12.5 during the applicable period periods set forth in SECTION 11.5Section 12.6. The termination of the representations and warranties contained in this Agreement shall not affect the rights of any Purchaser Indemnified Buyers' Party or Indemnified Seller Indemnified Party, as applicable, to prosecute to conclusion any claim resulting from any breach of a representation or warranty as to which notice is given pursuant to SECTION 11.4 Section 12.5 prior to the termination of such representation or warranty.

Appears in 1 contract

Samples: Asset Purchase Agreement (Coram Healthcare Corp)

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Entitlement to Indemnification, Exclusivity. (a) Except as otherwise provided herein, each Each Indemnified Purchaser Indemnified Party or Indemnified Seller Indemnified Party, as the case may be, shall be entitled to indemnity under SECTION 11.1 Section 13.1(a)(ii) or 11.213.2(a)(iii), as applicable, for any and all claims as to which notice is given pursuant to SECTION 11.4 Section 13.4 during the applicable period periods set forth in SECTION 11.5Section 13.5. The termination of the representations and warranties contained in this Agreement shall not affect the rights of any Indemnified Purchaser Indemnified Party or Indemnified Seller Indemnified Party, as applicable, to prosecute to conclusion any claim resulting from any breach of a representation or warranty as to which notice is given pursuant to SECTION 11.4 Section 13.4 prior to the termination of such representation or warranty.

Appears in 1 contract

Samples: Non Solicitation and Referral Agreement (Greenpoint Financial Corp)

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