Indemnification in Case of Strict Liability or Indemnitee Negligence. THE INDEMNIFICATION PROVISIONS IN THIS ARTICLE X SHALL BE ENFORCEABLE REGARDLESS OF WHETHER THE LIABILITY IS BASED UPON PAST, PRESENT OR FUTURE ACTS, CLAIMS OR LAWS (INCLUDING ANY PAST, PRESENT OR FUTURE BULK TRANSFER ACT, ENVIRONMENTAL LAWS, FRAUDULENT TRANSFER ACT, OCCUPATIONAL SAFETY AND HEALTH LAW, OR PRODUCTS LIABILITY, FALSE CLAIMS ACT OR OTHER HEALTHCARE LAWS, SECURITIES OR OTHER LAWS) AND, EXCEPT TO THE EXTENT REQUIRED BY SECTION 10.04(E), REGARDLESS OF WHETHER ANY PERSON (INCLUDING THE PERSON FROM WHOM INDEMNIFICATION IS SOUGHT) ALLEGES OR PROVES THE SOLE, CONCURRENT, CONTRIBUTORY OR COMPARATIVE NEGLIGENCE OF THE PERSON SEEKING INDEMNIFICATION OR THE SOLE OR CONCURRENT STRICT LIABILITY IMPOSED UPON THE PERSON SEEKING INDEMNIFICATION.
Appears in 4 contracts
Samples: Purchase Agreement (Halyard Health, Inc.), Purchase Agreement (Owens & Minor Inc/Va/), Purchase Agreement (Halyard Health, Inc.)
Indemnification in Case of Strict Liability or Indemnitee Negligence. THE INDEMNIFICATION PROVISIONS IN THIS ARTICLE X 11 SHALL BE ENFORCEABLE REGARDLESS OF WHETHER THE LIABILITY IS BASED UPON PAST, PRESENT OR FUTURE ACTS, CLAIMS OR LAWS LEGAL REQUIREMENTS (INCLUDING ANY PAST, PRESENT OR FUTURE BULK TRANSFER ACTSALES LAW, ENVIRONMENTAL LAWSLAW, FRAUDULENT TRANSFER ACT, OCCUPATIONAL SAFETY AND HEALTH LAW, LAW OR PRODUCTS LIABILITY, FALSE CLAIMS ACT OR OTHER HEALTHCARE LAWS, SECURITIES OR OTHER LAWSLEGAL REQUIREMENT) AND, EXCEPT TO THE EXTENT REQUIRED BY SECTION 10.04(E), AND REGARDLESS OF WHETHER ANY PERSON (INCLUDING THE PERSON FROM WHOM INDEMNIFICATION IS SOUGHT) ALLEGES OR PROVES THE SOLE, CONCURRENT, CONTRIBUTORY OR COMPARATIVE NEGLIGENCE OF THE PERSON SEEKING INDEMNIFICATION OR THE SOLE OR CONCURRENT STRICT LIABILITY IMPOSED UPON THE PERSON SEEKING INDEMNIFICATION.
Appears in 3 contracts
Samples: Strategic Alliance Agreement (Hooper Holmes Inc), Asset Purchase Agreement (Chart Industries Inc), Asset Purchase Agreement (Golden Eagle International Inc)
Indemnification in Case of Strict Liability or Indemnitee Negligence. THE INDEMNIFICATION PROVISIONS IN THIS ARTICLE X XI SHALL BE ENFORCEABLE REGARDLESS OF WHETHER THE LIABILITY IS BASED UPON PAST, PRESENT OR FUTURE ACTS, CLAIMS OR LAWS LEGAL REQUIREMENTS (INCLUDING ANY PAST, PRESENT OR FUTURE BULK TRANSFER ACTSALES LAW, ENVIRONMENTAL LAWSLAW, FRAUDULENT TRANSFER ACT, OCCUPATIONAL SAFETY AND HEALTH LAW, LAW OR PRODUCTS LIABILITY, FALSE CLAIMS ACT OR OTHER HEALTHCARE LAWS, SECURITIES OR OTHER LAWSLEGAL REQUIREMENT) AND, EXCEPT TO THE EXTENT REQUIRED BY SECTION 10.04(E), AND REGARDLESS OF WHETHER ANY PERSON (INCLUDING THE PERSON FROM WHOM INDEMNIFICATION IS SOUGHT) ALLEGES OR PROVES THE SOLE, CONCURRENT, CONTRIBUTORY OR COMPARATIVE NEGLIGENCE OF THE PERSON SEEKING INDEMNIFICATION OR THE SOLE OR CONCURRENT STRICT LIABILITY IMPOSED UPON THE PERSON SEEKING INDEMNIFICATION.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Winnebago Industries Inc), Stock Purchase Agreement (Proxymed Inc /Ft Lauderdale/)
Indemnification in Case of Strict Liability or Indemnitee Negligence. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE INDEMNIFICATION PROVISIONS IN ARTICLE VIII AND IN THIS ARTICLE X VII SHALL BE ENFORCEABLE REGARDLESS OF WHETHER THE LIABILITY IS BASED UPON ON PAST, PRESENT OR FUTURE ACTS, CLAIMS OR LAWS (INCLUDING ANY PAST, PRESENT OR FUTURE BULK TRANSFER ACT, ENVIRONMENTAL LAWSLAW, FRAUDULENT TRANSFER ACT, OCCUPATIONAL SAFETY AND HEALTH LAW, OR PRODUCTS LIABILITY, FALSE CLAIMS ACT OR OTHER HEALTHCARE LAWS, SECURITIES OR OTHER LAWS) AND, EXCEPT TO THE EXTENT REQUIRED BY SECTION 10.04(ELAW), AND REGARDLESS OF WHETHER ANY PERSON (INCLUDING THE PERSON FROM WHOM INDEMNIFICATION IS SOUGHT) ALLEGES OR PROVES THE SOLE, JOINT, CONCURRENT, CONTRIBUTORY OR COMPARATIVE NEGLIGENCE OF THE PERSON SEEKING INDEMNIFICATION INDEMNIFICATION, OR THE SOLE SOLE, JOINT, OR CONCURRENT STRICT LIABILITY IMPOSED UPON ON THE PERSON SEEKING INDEMNIFICATION.
Appears in 2 contracts
Samples: Purchase Agreement (Duke Power CO LLC), Purchase Agreement (Dynegy Holdings Inc)
Indemnification in Case of Strict Liability or Indemnitee Negligence. THE INDEMNIFICATION PROVISIONS IN THIS ARTICLE X SECTION SHALL BE ENFORCEABLE REGARDLESS OF WHETHER THE LIABILITY IS BASED UPON PAST, PRESENT OR FUTURE ACTS, CLAIMS OR LAWS LEGAL REQUIREMENTS (INCLUDING ANY PAST, PRESENT OR FUTURE BULK TRANSFER ACT, ENVIRONMENTAL LAWSLAW, FRAUDULENT TRANSFER ACT, OCCUPATIONAL SAFETY AND HEALTH LAW, LAW OR PRODUCTS LIABILITY, FALSE CLAIMS ACT OR OTHER HEALTHCARE LAWS, SECURITIES OR OTHER LAWSLEGAL REQUIREMENT) AND, EXCEPT TO THE EXTENT REQUIRED BY SECTION 10.04(E), AND REGARDLESS OF WHETHER ANY PERSON (INCLUDING THE PERSON FROM WHOM INDEMNIFICATION IS SOUGHT) ALLEGES OR PROVES THE SOLE, CONCURRENT, CONTRIBUTORY OR COMPARATIVE NEGLIGENCE OF THE PERSON SEEKING INDEMNIFICATION (PROVIDED THAT ANY CONTRIBUTORY OR COMPARATIVE NEGLIGENCE SHALL OFFSET ANY INDEMNIFICATION AMOUNTS OWED TO THE INDEMNIFIED PARTY FROM THE INDEMNIFYING PARTY) OR THE SOLE OR CONCURRENT STRICT LIABILITY IMPOSED UPON THE PERSON SEEKING INDEMNIFICATION.
Appears in 2 contracts
Samples: Asset Purchase Agreement (VIASPACE Inc.), Asset Purchase Agreement (VIASPACE Inc.)
Indemnification in Case of Strict Liability or Indemnitee Negligence. THE INDEMNIFICATION PROVISIONS IN THIS ARTICLE X SHALL WILL BE ENFORCEABLE REGARDLESS OF WHETHER THE LIABILITY IS BASED UPON PAST, PRESENT OR FUTURE ACTS, CLAIMS OR LAWS LEGAL REQUIREMENTS (INCLUDING ANY PAST, PRESENT OR FUTURE BULK TRANSFER ACTSALES LAW, ENVIRONMENTAL LAWSLAW, FRAUDULENT TRANSFER ACT, OCCUPATIONAL SAFETY AND HEALTH LAW, LAW OR PRODUCTS LIABILITY, FALSE CLAIMS ACT OR OTHER HEALTHCARE LAWS, SECURITIES OR OTHER LAWSLEGAL REQUIREMENT) AND, EXCEPT TO THE EXTENT REQUIRED BY SECTION 10.04(E), AND REGARDLESS OF WHETHER ANY PERSON (INCLUDING THE PERSON FROM WHOM INDEMNIFICATION IS SOUGHT) ALLEGES OR PROVES THE SOLE, CONCURRENT, CONTRIBUTORY OR COMPARATIVE NEGLIGENCE OF THE PERSON SEEKING INDEMNIFICATION OR THE SOLE OR CONCURRENT STRICT LIABILITY IMPOSED UPON THE PERSON SEEKING INDEMNIFICATION.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Us Energy Corp), Asset Purchase Agreement (Crested Corp)
Indemnification in Case of Strict Liability or Indemnitee Negligence. THE INDEMNIFICATION PROVISIONS IN THIS ARTICLE X 10 SHALL BE ENFORCEABLE REGARDLESS OF WHETHER THE LIABILITY IS BASED UPON PAST, PRESENT OR FUTURE ACTS, CLAIMS OR LAWS LAW (INCLUDING ANY PAST, PRESENT OR FUTURE BULK TRANSFER ACTSALES LAW, ENVIRONMENTAL LAWSLAW, FRAUDULENT TRANSFER ACT, OCCUPATIONAL SAFETY AND HEALTH LAW, LAW OR PRODUCTS LIABILITY, FALSE CLAIMS ACT OR OTHER HEALTHCARE LAWS, SECURITIES OR OTHER LAWSLEGAL REQUIREMENT) AND, EXCEPT TO THE EXTENT REQUIRED BY SECTION 10.04(E), AND REGARDLESS OF WHETHER ANY PERSON (INCLUDING THE PERSON FROM WHOM INDEMNIFICATION IS SOUGHT) ALLEGES OR PROVES THE SOLE, CONCURRENT, CONTRIBUTORY OR COMPARATIVE NEGLIGENCE OF THE PERSON SEEKING INDEMNIFICATION OR THE SOLE OR CONCURRENT STRICT LIABILITY IMPOSED UPON THE PERSON SEEKING INDEMNIFICATION.
Appears in 1 contract
Indemnification in Case of Strict Liability or Indemnitee Negligence. THE INDEMNIFICATION PROVISIONS IN THIS ARTICLE X SHALL BE ENFORCEABLE REGARDLESS OF WHETHER THE LIABILITY IS BASED UPON PAST, PRESENT OR FUTURE ACTS, CLAIMS OR LAWS (INCLUDING ANY PAST, PRESENT OR FUTURE BULK TRANSFER ACT, ENVIRONMENTAL LAWS, FRAUDULENT TRANSFER ACT, OCCUPATIONAL SAFETY AND HEALTH LAW, OR PRODUCTS LIABILITY, FALSE CLAIMS ACT OR OTHER HEALTHCARE HEALTH CARE LAWS, SECURITIES OR OTHER LAWS) AND, EXCEPT TO THE EXTENT REQUIRED BY SECTION 10.04(ESection 10.04(d), REGARDLESS OF WHETHER ANY PERSON (INCLUDING THE PERSON FROM WHOM INDEMNIFICATION IS SOUGHT) ALLEGES OR PROVES THE SOLE, CONCURRENT, CONTRIBUTORY OR COMPARATIVE NEGLIGENCE OF THE PERSON SEEKING INDEMNIFICATION OR THE SOLE OR CONCURRENT STRICT LIABILITY IMPOSED UPON THE PERSON SEEKING INDEMNIFICATION.
Appears in 1 contract
Indemnification in Case of Strict Liability or Indemnitee Negligence. THE INDEMNIFICATION PROVISIONS IN THIS ARTICLE X IV SHALL BE ENFORCEABLE REGARDLESS OF WHETHER THE LIABILITY IS BASED UPON PAST, PRESENT PRESENT, OR FUTURE ACTS, CLAIMS CLAIMS, OR LAWS LEGAL REQUIREMENTS (INCLUDING ANY PAST, PRESENT PRESENT, OR FUTURE BULK TRANSFER ACTSALES LAW, ENVIRONMENTAL LAWSLAW, FRAUDULENT TRANSFER ACT, OCCUPATIONAL SAFETY AND HEALTH LAW, OR PRODUCTS LIABILITY, FALSE CLAIMS ACT SECURITIES, OR OTHER HEALTHCARE LAWS, SECURITIES OR OTHER LAWSLEGAL REQUIREMENT) AND, EXCEPT TO THE EXTENT REQUIRED BY SECTION 10.04(E), AND REGARDLESS OF WHETHER ANY PERSON (INCLUDING THE PERSON FROM WHOM INDEMNIFICATION IS SOUGHT) ALLEGES OR PROVES THE SOLE, CONCURRENT, CONTRIBUTORY CONTRIBUTORY, OR COMPARATIVE NEGLIGENCE OF THE PERSON SEEKING INDEMNIFICATION OR THE SOLE OR CONCURRENT STRICT LIABILITY IMPOSED UPON THE PERSON SEEKING INDEMNIFICATION.
Appears in 1 contract
Samples: Goodwill Purchase Agreement (Ceco Environmental Corp)