Liability on Default. No Underwriter shall be liable to the Corporation under this section with respect to a default by any of the other Underwriters.
Liability on Default. No Underwriter will be liable to the Company under this Section 9 with respect to a breach or default by the other Underwriter.
Liability on Default. No Underwriter or U.S. Affiliate shall be liable to the Corporation under this Section with respect to a breach or default by any of the other Underwriters or their U.S. Affiliates or any selling group members appointed by such other Underwriters or U.S. Affiliates.
Liability on Default. No Underwriter shall be liable to Xxxxxx under this section 10 with respect to a default by any of the other Underwriters.
Liability on Default. No Underwriter shall be liable to Augusta under this section 10 with respect to a default by any of the other Underwriters.
Liability on Default. No Agent shall be liable to the Corporation under this Section 9 with respect to a breach or default contained in this Agreement by any other Agent, such other Agent’s U.S. Affiliates or any Selling Firm appointed by such other Agent, as the case may be.
Liability on Default. The Underwriters shall not be liable to Rusoro under this Section 10 with respect to any default resulting from the Company’s failure to comply with Applicable Securities Laws.
Liability on Default. 12.01. If Seller shall wrongfully fail to settle on the Property on the Settlement Date, time being strictly of the essence, and Purchaser is ready, willing and able to perform, or if Seller shall otherwise breach or default under any provisions of this Agreement and does not cure such failure, breach or default within thirty (30) days after receipt of written notice from Purchaser specifying the breach or default, Purchaser as its sole and exclusive remedies, may either (i) exercise an action for specific performance, but not an action for money damages, or (ii) Purchaser can elect to terminate this Agreement and receive a refund of the Deposit and reimbursement of up to $25,000.00 for Purchaser’s actual third-party expenses incurred in connection with this Agreement.
12.02. If Purchaser wrongfully fails to settle on the Property and Seller is ready, willing and able to perform, or if Purchaser shall otherwise breach or default under any of the provisions of this Agreement, the Deposit shall be delivered by Escrow Agent to Seller as complete and liquidated damages and as Seller’s sole remedy. In that event, this Agreement shall terminate and Purchaser and Seller shall be relieved of further liability hereunder, at law or in equity except for the Purchaser’s inspection indemnity set forth in Section 15.03 of this Agreement, which shall survive said termination of this Agreement. Seller expressly waives all rights of action against Purchaser for specific performance or money damages for any matter arising out of or relating to this Agreement. Any attendance or appearance at settlement by either party shall not nullify or void this provision for payment of liquidated damages as Seller’s sole remedy.
12.03. In the event of any litigation between the parties arising out of this Agreement or the collection of any funds due Purchaser or Seller pursuant to this Agreement, the prevailing party shall be entitled to recover all costs incurred, including without limitation reasonable attorneys’ and paralegals’ fees and costs, whether such fees and costs are incurred at trial, on appeal or in any bankruptcy proceedings.
Liability on Default. No Underwriter shall be liable to Western under this Section 10 with respect to a default by any of the other Underwriters.
Liability on Default. The Underwriter shall not be liable to Maple under this Underwriting Agreement with respect to any default resulting from the Corporation’s failure to comply with Applicable Securities Laws.
