Common use of Liability and Remedies, etc Clause in Contracts

Liability and Remedies, etc. Except as set forth below, no --------------------------- individual Representative of any party (other than Xx. Xxxxxx) shall be personally liable for any Damages under the provisions contained in this Section 10.4. 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 10.4 is not limited to matters asserted by third parties against Seller or Buyer, but includes Damages incurred or sustained by an indemnified party in the absence of third party claims. Payments by an indemnified party of amounts for which such party is indemnified hereunder shall not be a condition precedent to recovery.

Liability and Remedies, etc. Except as set forth below, no --------------------------- individual Representative of any party (other than Xx. Xxxxxx) shall be personally liable for any Damages under the provisions contained in this Section 10.410.3. 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 10.4 10.3 is not limited to matters asserted by third parties against Seller Sellers or Buyer, but includes Damages incurred or sustained by an indemnified party in the absence of third party claims. Payments by an indemnified party of amounts for which such party is indemnified hereunder shall not be a condition precedent to recovery.

Liability and Remedies, etc. Except as set forth below, no --------------------------- ---------------------------- individual Representative of any party (other than Xx. Xxxxxx) shall be personally liable for any Damages under the provisions contained in this Section 10.410.3. 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 Subject to Special Provisions Article XII, the term "Damages" as used in this Section 10.4 10.3 is not limited to matters asserted by third parties against Seller Sellers or Buyer, but includes Damages incurred or sustained by an indemnified party in the absence of third party claims. Payments by an indemnified party of amounts for which such party is indemnified hereunder shall not be a condition precedent to recovery.