Independent Significance. The Parties intend that each representation, warranty, covenant and agreement contained in this Agreement has independent significance. If any Party has breached any representation, warranty, covenant or agreement contained in this Agreement in any respect, the fact that there exists another representation, warranty, covenant or agreement relating to the same subject matter (regardless of the relative levels of specificity) which the Party has not breached shall not detract from or mitigate the fact that the Party is in breach of the first representation, warranty, covenant or agreement.
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Samples: Membership Interest Purchase Agreement (Post Holdings, Inc.), Stock Purchase Agreement (Post Holdings, Inc.)
Independent Significance. The Parties parties intend that each representation, warranty, covenant and agreement contained in this Agreement has independent significance. If any Party party has breached any representation, warranty, covenant or agreement contained in this Agreement in any respect, the fact that there exists another representation, warranty, covenant or agreement relating to the same subject matter (regardless of the relative levels of specificity) which the Party party has not breached shall not detract from or mitigate the fact that the Party party is in breach of the first representation, warranty, covenant or agreement.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Post Holdings, Inc.), Agreement and Plan of Merger (Post Holdings, Inc.)
Independent Significance. The Parties intend that each representation, warranty, covenant and agreement contained in this Agreement has independent significance. If any Party has breached any representation, warranty, covenant or agreement contained in this Agreement in any respect, the fact that there exists another representation, warranty, covenant or agreement relating to the same subject matter (regardless of the relative levels of specificity) which the Party has not breached shall not detract from or mitigate the fact that the Party party is in breach of the first representation, warranty, covenant or agreement.
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Independent Significance. The Parties intend that each representation, warranty, and covenant and agreement contained in this Agreement has shall have independent significance. If any Party has breached any representation, warranty, or covenant, warranty or covenant or agreement contained in this Agreement in any respect, the fact that there exists another representation, warranty, covenant or agreement relating to the same subject matter (regardless of the relative levels of specificity) which the Party has not breached shall not detract from or mitigate the fact that the Party is in breach of the first representation, warranty, covenant warranty or agreementcovenant.
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