Extent of Indemnification. The indemnification provisions provided for in this Agreement shall be applicable whether or not the losses, costs, expenses and damages in question arose solely or in part from the active, passive or concurrent negligence of any indemnified Party; but the provisions shall exclude willful misconduct and gross negligence of any such indemnified Party.
Appears in 3 contracts
Samples: Stock Exchange Agreement (Wiless Controls Inc.), Pro Water Acquisition Agreement (Rg Global Lifestyles Inc), Stock Purchase Agreement (Imperial Petroleum Inc)
Extent of Indemnification. The indemnification and assumption provisions provided for in this Agreement shall be applicable whether or not the losses, costs, expenses and damages Liabilities in question arose out of or resulted from, solely or in part part, the sole, active, passive, concurrent or comparative negligence, gross negligence, strict liability or other fault or violation of Law of or by any Seller Indemnified Party or Buyer Indemnified Party, excepting only Liabilities to the extent resulting from the active, passive or concurrent negligence willful misconduct of any indemnified Party; but the provisions shall exclude willful misconduct and gross negligence of any such indemnified Seller Indemnified Party or Buyer Indemnified Party.
Appears in 2 contracts
Samples: Purchase and Sale Agreement, Purchase and Sale Agreement (Sandridge Energy Inc)
Extent of Indemnification. The indemnification and assumption provisions provided for in this Agreement shall be applicable whether or not the losses, costs, expenses and damages Liabilities in question arose out of or resulted from, solely or in part part, the sole, active, passive, concurrent or comparative negligence, gross negligence, strict liability or other fault or violation of law of or by any Seller Indemnified Party or Buyer Indemnified Party, excepting only Liabilities to the extent resulting from the active, passive or concurrent negligence willful misconduct of any indemnified Party; but the provisions shall exclude willful misconduct and gross negligence of any such indemnified Seller Indemnified Party or Buyer Indemnified Party.
Appears in 2 contracts
Samples: Purchase and Sale Agreement (Abraxas Petroleum Corp), Purchase and Sale Agreement (Linn Energy, LLC)
Extent of Indemnification. The indemnification and assumption provisions provided for in this Agreement shall be applicable whether or not the losses, costs, expenses and damages Liabilities in question arose solely or in part from the gross, active, passive or concurrent negligence or other fault of any indemnified Party; but the provisions shall exclude willful misconduct and gross negligence of any such indemnified Seller Indemnified Party or Buyer Indemnified Party.
Appears in 2 contracts
Samples: Purchase and Sale Agreement (Kodiak Oil & Gas Corp), Purchase and Sale Agreement (Kodiak Oil & Gas Corp)
Extent of Indemnification. The indemnification and assumption provisions provided for in this Agreement shall be applicable whether or not the losses, costs, expenses and damages Liabilities in question arose solely or in part from the gross, active, passive or concurrent negligence or other fault of any indemnified Foundation Indemnified Party or EPC Indemnified Party; but the provisions shall exclude willful misconduct and gross negligence of any such indemnified Party.. Section 9.8
Appears in 1 contract
Samples: Purchase and Sale Agreement (Evolution Petroleum Corp)
