Exercise of Termination Rights. The rights of termination contained in subparagraphs 11(a), (b), (c), (d) and (e) may be exercised by the Underwriter and are in addition to any other rights or remedies the Underwriter may have in respect of any default, act or failure to act or non-compliance by the Company in respect of any of the matters contemplated by this Agreement or otherwise. In the event of any such termination, there shall be no further liability on the part of the Underwriter to the Company or on the part of the Company to the Underwriter except in respect of any liability which may have arisen or may arise after such termination in respect of acts or omissions prior to such termination under paragraphs 12, 14 and 15.
Appears in 2 contracts
Samples: Underwriting Agreement (Bid Com International Inc), Underwriting Agreement (Bid Com International Inc)
Exercise of Termination Rights. The rights of termination contained in subparagraphs 11(asections 9(a), (b), (c), ) or (d) and (e) of this Agreement may be exercised by the Underwriter Underwriter; and such rights of termination are in addition to any other rights or remedies that the Underwriter may have in respect of any default, act or failure to act or non-compliance by the Company Corporation in respect of any of the matters contemplated by this Agreement or otherwise. In the event of any such termination, there shall be no further liability on the part of the Underwriter to the Company Corporation or on the part of the Company Corporation to the Underwriter except in respect of any liability which may have arisen or may arise after such termination in respect under Sections 10 or 12 of acts or omissions prior to such termination under paragraphs 12, 14 and 15this Agreement.
Appears in 2 contracts
Samples: Underwriting Agreement, Underwriting Agreement
Exercise of Termination Rights. The rights of termination contained in subparagraphs 11(a)Sections 16.1, (b)16.2, (c), (d) 16.3 and (e) may be exercised by the Underwriter and 16.4 are in addition to any other rights or remedies that the Underwriter may have in respect of any default, act or failure to act or non-compliance by the Selling Shareholder or the Company in respect of any of the matters contemplated by this Agreement or otherwise. In the event of any such termination, there shall be no further liability on the part of the Underwriter to the Selling Shareholder or the Company or on the part of the Selling Shareholder or the Company to the Underwriter Underwriter, except in respect of any liability which may have arisen prior to or may arise after such termination in respect of acts or omissions prior to such termination under paragraphs 12Sections 17, 14 18 and 1520.
Appears in 2 contracts
Samples: Underwriting Agreement (BRP Inc.), Underwriting Agreement (BRP Inc.)
Exercise of Termination Rights. The rights of termination contained in subparagraphs 11(a)Sections 16.1, (b)16.2, (c), (d) 16.3 and (e) may be exercised by the Underwriter and 16.4 are in addition to any other rights or remedies that the Underwriter may have in respect of any default, act or failure to act or non-compliance by the Selling Shareholders or the Company in respect of any of the matters contemplated by this Agreement or otherwise. In the event of any such termination, there shall be no further liability on the part of the Underwriter to the Selling Shareholders or the Company or on the part of the Selling Shareholders or the Company to the Underwriter Underwriter, except in respect of any liability which may have arisen prior to or may arise after such termination in respect of acts or omissions prior to such termination under paragraphs 12Sections 17, 14 18 and 1520.
Appears in 1 contract
Samples: Underwriting Agreement (BRP Inc.)