Further Liability. Upon the expiration of the Term of this Ground Lease, neither party shall have any further obligation or liability to the other except as otherwise provided in this Ground Lease and except for (a) such obligations as by their nature or under the circumstances can only be, or by the provisions of this Ground Lease may be, performed after such expiration, and (b) any liability for Rent, and (c) any liability for acts or negligent omissions occurring during the Term, and (d) any obligation or liability under Articles IX, all of which shall survive such expiration.
Further Liability. The obligations of the Company and each of the Guarantors under this Section 6 shall be in addition to any liability which the Company or any of the Guarantors may otherwise have and shall extend, upon the same terms and conditions, to each officer, director and partner of each holder, agent and underwriter and each person, if any, who controls any holder, agent or underwriter within the meaning of the Securities Act; and the obligations of the holders and any agents or underwriters contemplated by this Section 6 shall be in addition to any liability which the respective holder, agent or underwriter may otherwise have and shall extend, upon the same terms and conditions, to each officer and director of the Company or any of the Guarantors (including any person who, with his consent, is named in any registration statement as about to become a director of the Company or any of the Guarantors) and to each person, if any, who controls the Company within the meaning of the Securities Act.
Further Liability. 10.1 Unless otherwise specified in these general terms and conditions, including the following provisions, Xxxxx is liable for any breach of contractual and non-contractual obligations under the relevant statutory provisions.
Further Liability. Unless expressly stipulated in these conditions, all further contractual or legal claims against us, especially claims for compensation including compensation for indirect or consequential damages are excluded. We are liable, however, for gross negligence, but only for typical damages re- sulting therefore, or in other cases of strict legal liability.
Further Liability. If this Agreement is terminated for any reason, none of the parties hereto shall have any further liability hereunder of any nature whatsoever to the other parties; provided, however, that, notwithstanding the foregoing, (i) this Section 4.4(b) shall not preclude liability from attaching to a party who has caused the termination hereof by a willful act or a willful failure to act in violation of the terms and provisions hereof, and (ii) termination of this Agreement shall not terminate or affect the agreements of the parties contained in Section 2.7 (No Broker's or Finder's Fees), Section 3.6 (Publicity), Article V (Termination Obligations) and Section 7.2 (Confidentiality) hereof, the provisions of all of which shall survive any termination of this Agreement; provided, however, that any aggrieved party, without terminating this Agreement, shall be entitled to specifically enforce the terms hereof against the breaching party or parties in order to cause the Merger to be consummated. Each party hereto acknowledges that there is not an adequate remedy at law to compensate the other parties with respect to relating to the non-consummation of the Merger. To this end, each party, to the extent permitted by law, irrevocably waives any defense it might have based on the adequacy of a remedy at law that might be asserted as a bar to specific performance, injunctive relief or other equitable relief.
Further Liability. In no event or way will Xxxxxxx County, its Commissioners, officers, directors, or County Representatives be liable for any direct, incidental, indirect, special, punitive, exemplary or consequential damages, or for any other damages, including, but not limited to, personal injury, wrongful death, property damage, loss of data, loss of revenue or profits, or damages arising out of or in connection with the use or inability to use the services and/or the equipment installed and/or serviced under this Agreement. The limitations set forth herein apply to claims founded in all areas, including, but not limited, to breach of contract, breach of warranty, and product liability, and apply whether or not Xxxxxxx County was informed of the likelihood of any particular type of damages.
Further Liability. If this Agreement or the Bank Merger Agreement is terminated for any reason, no party shall have any further liability hereunder or thereunder of any nature whatsoever to the other parties hereto and thereto; provided, however, that, notwithstanding the foregoing, (i) this Paragraph 24(b) shall not preclude liability from attaching to a party who has caused the termination hereof by a willful act or a willful failure to act in violation of the terms and provisions hereof or thereof, and (ii) termination of either agreement shall not terminate or affect the agreements of the parties contained in Paragraph 12 hereof (with respect to confidentiality), in Paragraph 25 hereof (with respect to a termination and/or expense payment), in Paragraph 18 hereof (with respect to the payment of certain expenses), or in any paragraph of the Bank Merger Agreement the language of which specifically provides for survival thereof notwithstanding a termination of said agreement, the provisions of all of which paragraphs shall survive any termination of this Agreement and/or the Bank Merger Agreement.
Further Liability. If this Agreement is terminated for any reason, no party to this Agreement shall have any further liability hereunder of any nature whatsoever to the other parties hereto; provided, however, that, notwithstanding the foregoing, (i) this Paragraph 25(b) shall not preclude liability from attaching to a party who has caused the termination hereof by a willful act or a willful failure to act in violation of the terms and provisions hereof, and (ii) termination of this Agreement shall not terminate or affect the agreements of the parties contained in Paragraph 12 hereof (with respect to confidentiality), in Paragraph 26 hereof (with respect to a termination payment), or in Paragraph 19 hereof (with respect to the payment of certain expenses), the provisions of all of which paragraphs shall survive any termination of this Agreement.
Further Liability. In the event of termination of this Agreement and the abandonment of the Merger pursuant to this Article VIII, no party to this Agreement shall have any liability or further obligation to any other party hereunder except (i) as set forth in subsection (b), (c) or (d) below and Section 9.01, (ii) that termination will not relieve a breaching party from liability for any willful breach of any covenant, agreement, representation or warranty of this Agreement giving rise to such termination and (iii) under any other provision of this Agreement which expressly survives the termination of this Agreement.
Further Liability. 20 Section 3.18. Payments.....................................................................................21 Section 3.19.
