Liability and Remedies, etc. Nothing herein shall relieve either party of any liability to make any payment expressly required to be made by such party pursuant to this Agreement. The term "Damages" as used in this Section 9.4 is not limited to matters asserted by third parties against Seller or Buyer, but includes Damages incurred or sustained by Seller or Buyer in the absence of third party claims. Payments by Buyer of amounts for which Buyer is indemnified hereunder, and payments by Seller of amounts for which Seller is indemnified, shall not be a condition precedent to recovery. Seller's obligation to indemnify Buyer, and Buyer's obligation to indemnify Seller, shall not limit any other rights, including without limitation rights of contribution which either party may have under statute or common law.
Appears in 6 contracts
Samples: Asset Purchase Agreement (Amazing Nutritionals Inc), Asset Purchase Agreement (Advanced Plant Pharmaceuticals Inc), Asset Purchase Agreement (American Petroleum Group Inc)
