Common use of Joint and Several Liability; No Modification to Other Agreements Clause in Contracts

Joint and Several Liability; No Modification to Other Agreements. The liability of the members of the Medco Group under this Section 1.1 shall be joint and several. Nothing in this Section 1.1 shall modify or limit the rights and remedies of Merck under the Distribution Agreement or any of the Ancillary Agreements (other than this Agreement) relating to, arising out of or resulting from any breach by Medco or any member of the Medco Group of the Distribution Agreement or any of the Ancillary Agreements (other than this Agreement), including without limitation, any provisions relating to the measure of damages, consequential damages, liquidated damages, limitation of damages and/or specific performance.

Appears in 3 contracts

Samples: Indemnification and Insurance Matters Agreement (Medco Health Solutions Inc), Indemnification and Insurance Matters Agreement (Medco Health Solutions Inc), Indemnification and Insurance Matters Agreement (Medco Health Solutions Inc)

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Joint and Several Liability; No Modification to Other Agreements. The liability of the members of the Medco Merck Group under this Section 1.1 1.2 shall be joint and several. Nothing in this Section 1.1 1.2 shall modify or limit the rights and remedies of Merck Medco under the Distribution Agreement or any of the Ancillary Agreements (other than this Agreement) relating to, arising out of or resulting from any breach by Medco Merck or any member of the Medco Merck Group of the Distribution Agreement or any of the Ancillary Agreements (other than this Agreement), including without limitation, any provisions relating to the measure of damages, consequential damages, liquidated damages, limitation of damages and/or specific performance.

Appears in 3 contracts

Samples: Indemnification and Insurance Matters Agreement (Medco Health Solutions Inc), Indemnification and Insurance Matters Agreement (Medco Health Solutions Inc), Indemnification and Insurance Matters Agreement (Medco Health Solutions Inc)

Joint and Several Liability; No Modification to Other Agreements. The liability of the members of the Medco Group under this Section 1.1 shall be joint and several. Nothing in this Section 1.1 shall modify or limit the rights and remedies of Merck under the Distribution Separation Agreement or any of the Ancillary Agreements (other than this Agreement) relating to, arising out of or resulting from any breach by Medco or any member of the Medco Group of the Distribution Separation Agreement or any of the Ancillary Agreements (other than this Agreement), including without limitation, any provisions relating to the measure of damages, consequential damages, liquidated damages, limitation of damages and/or specific performance.

Appears in 1 contract

Samples: Indemnification and Insurance Matters Agreement (Merck Medco Managed Care LLC)

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Joint and Several Liability; No Modification to Other Agreements. The liability of the members of the Medco Merck Group under this Section 1.1 1.2 shall be joint and several. Nothing in this Section 1.1 1.2 shall modify or limit the rights and remedies of Merck Medco under the Distribution Separation Agreement or any of the Ancillary Agreements (other than this Agreement) relating to, arising out of or resulting from any breach by Medco Merck or any member of the Medco Merck Group of the Distribution Separation Agreement or any of the Ancillary Agreements (other than this Agreement), including without limitation, any provisions relating to the measure of damages, consequential damages, liquidated damages, limitation of damages and/or specific performance.

Appears in 1 contract

Samples: Indemnification and Insurance Matters Agreement (Merck Medco Managed Care LLC)

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