Common use of Maximum Payments; Remedy Clause in Contracts

Maximum Payments; Remedy. From and after the Effective Time, this Article VII shall provide the sole and exclusive remedy for any and all damages or other liability sustained or incurred by the Indemnified Parties or their successors and assigns as the result of any breach of any representation, warranty or covenant contained in this Agreement or any claim of negligent misrepresentation against the Company in connection with this Agreement or the Merger. No Stockholder shall have any right to contribution from the Company for any claim made by Buyer after the Effective Time.

Appears in 2 contracts

Samples: Agreement and Plan of Reorganization (Etoys Inc), Merger Agreement (Etoys Inc)

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Maximum Payments; Remedy. From and after the Effective Time, this Article VII shall provide the sole and exclusive remedy for any and all damages or other liability sustained or incurred by the Indemnified Parties or their successors and assigns as the result of any breach of any representation, warranty or covenant contained in this Agreement or any claim of negligent misrepresentation against the Company in connection with this Agreement or the Merger. No Stockholder Shareholder shall have any right to contribution from the Company for any claim made by Buyer after the Effective Time.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Evoke Inc)

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