INDEMNIFICATION AND REMEDIES, CONTINUING COVENANTS. 10.1 Survival of Representations. All representations, warranties and covenants of Classifieds2000, Excite and Merger Sub contained in this Agreement will survive the Effective Time and remain operative and in full force and effect, regardless of any investigation made by or on behalf of the parties to this Agreement, until the earlier of (a) the termination of this Agreement or (b) six (6) months after the Closing Date, whereupon such representations, warranties and covenants will expire (except for covenants that by their terms survive for a longer period), provided however, that representations, warranties and covenants involving intentional fraud shall survive the Closing without the limitations of subsections (a) or (b) above.
INDEMNIFICATION AND REMEDIES, CONTINUING COVENANTS. 12.1 Survival of Representations. All representations, warranties, covenants and agreements of Broadbase and Servicesoft contained in this Agreement will remain operative and in full force and effect, regardless of any investigation made by or on behalf of the parties to this Agreement, until the earlier of the termination of this Agreement and the expiration of the Escrow Period, whereupon such representations, warranties, covenants and agreements will expire.
INDEMNIFICATION AND REMEDIES, CONTINUING COVENANTS. 10.1 Survival of Representations. All representations, warranties and covenants of ISI contained in this Agreement will remain operative and in full force and effect, regardless of any investigation made by or on behalf of the parties to this Agreement, until the earlier of the termination of this Agreement or one year after the Closing Date, whereupon such representations, warranties and covenants will expire (except for covenants that by their terms survive for a longer period). Unless otherwise specified herein, all representations, warranties and covenants of DDI will survive the Effective Time and will continue until the expiration of the one year period set forth above and covenants that by their terms survive thereafter will continue to survive in accordance with their terms.
INDEMNIFICATION AND REMEDIES, CONTINUING COVENANTS. 34 Section 10.1 Agreement to Indemnify . . . . . . . . . . . . . . . . . 34 Section 10.2 HCCH Agreement to Indemnify. . . . . . . . . . . . . . . 35 Section 10.3 Survival of Representations. . . . . . . . . . . . . . . 35 Section 10.4 Procedure for Indemnification; Third Party Claims. . . . 36
INDEMNIFICATION AND REMEDIES, CONTINUING COVENANTS. 12.1 Survival of Representations. The representations and warranties of the parties hereto contained in this Agreement or in any writing delivered pursuant hereto or thereto or at the Closing shall survive the Closing and the consummation of the transactions contemplated hereby and thereby (and any examination or investigation by or on behalf of any party hereto) until the first anniversary of the Closing Date (the "Indemnification Period"); provided, that the Indemnification Period for representations and warranties contained in Section 3.7, Section 3.14 and Section 3.18 of this Agreement shall not terminate until the expiration of any applicable statute of limitations; provided, further, that the Indemnification Period for representations and warranties contained in Sections 2.1, 2.2, 2.3, 2.4, 3.4, 3.11, 3.21 and 4.6 of this Agreement shall not terminate but shall continue indefinitely. Notwithstanding the foregoing, each Subparagraph under this Section 12 shall not be so limited and shall survive until any claims under this Agreement are resolved in accordance with this Agreement. The covenants contained in Section 7 shall survive in accordance with their terms.
INDEMNIFICATION AND REMEDIES, CONTINUING COVENANTS. 10.1 Survival of Representations. ---------------------------
INDEMNIFICATION AND REMEDIES, CONTINUING COVENANTS. 11.1 Survival of Representations. All representations, warranties and covenants of Retek and the Retek Shareholders contained in this Agreement will remain operative and in full force and effect, regardless of any investigation made by or on behalf of HNC, until that date ("ESCROW RELEASE DATE") which is the earlier of (i) the termination of this Agreement or (ii) twelve (12) months after the Closing Date; provided, however, that those representations and warranties respecting matters addressed by the first audited financial statements of the combined corporation, together with a report thereon from HNC's independent auditors, shall not expire later than upon the date on which such financial statements are first released to the public.
INDEMNIFICATION AND REMEDIES, CONTINUING COVENANTS. 10.1 Survival of Representations. All representations, warranties and covenants of Vaxis and the Stockholders contained in this Agreement and the other agreements, certificates and documents contemplated hereby will remain operative and in full force and effect, regardless of any investigation made by or on behalf of any of the parties to this Agreement, until that date which is the earlier of (a) the termination of this Agreement in accordance with its terms or (b) eighteen (18) months after the Closing Date; provided, however, that the representations and warranties of Vaxis contained in Sections 4.2, 4.3, 4.4, 4.11, 4.18, 4.19 and 4.20 and the representations and warranties of the Stockholders contained in Sections 11.1-11.5 will remain operative and in full force and effect until that date which is the earlier of (a) the termination of this Agreement in accordance with its terms or (b) forty-eight (48) months after the Closing Date (in each case, such period referred to as the "Survival Period"). All representations, warranties and covenants of Cellegy contained in this Agreement and the other agreements, certificates and documents contemplated hereby (other than covenants which by their terms are required to be performed after the Closing Date, which shall survive for the period of time during which such obligations are required to be performed) will terminate at the earlier of (a) the termination of this Agreement in accordance with its terms or (b) the Closing.
INDEMNIFICATION AND REMEDIES, CONTINUING COVENANTS. 12.1 Survival of Representations. The representations and warranties of the parties hereto contained in this Agreement or in any writing delivered pursuant hereto or thereto or at the Closing shall survive the Closing and the consummation of the transactions contemplated hereby and thereby (and any examination or investigation by or on behalf of any party hereto) until the first anniversary of the Closing Date (the "Indemnification Period"); provided, that the Indemnification Period for representations and warranties contained in Sections 2.1, 2.2, 2.3, 2.4, 3.4, 3.21 and 4.5 of this Agreement shall not terminate but shall continue indefinitely. Notwithstanding the foregoing, each Subparagraph under this Section 12 shall not be so limited and shall survive until any claims under this Agreement are resolved in accordance with this Agreement. The covenants contained in Section 7 shall survive in accordance with their terms.
INDEMNIFICATION AND REMEDIES, CONTINUING COVENANTS. 42 Section 11.1 Agreement to Indemnify. . . . . . . . . . . . . . . . . . 42 Section 11.2 Indemnification with Respect to Taxes . . . . . . . . . . 43 Section 11.3
