No Liabilities in Event of Termination. In the event of any termination of this Agreement as provided above, this Agreement shall forthwith become wholly void and of no further force or effect and there shall be no liability on the part of Buyer, the Sellers, the Company or their respective officers, directors, or agents, except that the provisions of Section 9.1 hereof shall remain in full force and effect, and provided that nothing contained herein shall release any party from liability for any failure to comply with any provision, covenant or agreement contained herein.
No Liabilities in Event of Termination. In the event of any termination of this Agreement as provided in Section 10.01 above, (a) this Agreement shall forthwith become wholly void and of no further force and effect except for provisions of Sections 6.01 and 6.09 and (b) there shall be no liability on the part of any of the parties hereto, except that such termination shall not preclude any party from pursuing judicial remedies for damages and/or other relief as a result of the willful breach by the other party of any representation or warranty or the breach by the other party of any covenant or agreement contained herein prior to termination, including, without limitation, either party’s pursuit of judicial remedies as a result of the other party’s failure to comply with Section 6.07 hereof.
No Liabilities in Event of Termination. If this Agreement is terminated as provided in Section 12.1, then this Agreement shall forthwith become wholly void and of no further force and effect, and there shall be no liability under this Agreement on the part of the Parties, except that the respective obligations of the Parties under the last sentence of Section 6.1 and the provisions of Section 12.2 and Article 13 (and the Confidentiality Agreement) shall remain in full force and effect; provided, however, that termination of this Agreement pursuant to Sections 12.1(d) or 12.1(e) shall not in any way limit or restrict the rights or remedies of any Party, as provided under this Agreement, against any other Party that has breached this Agreement prior to the termination hereof.
No Liabilities in Event of Termination. In the event of any termination of this Agreement as provided above, this Agreement shall forthwith become wholly void and of no further force or effect, except that the provisions of Sections 4.9, 8.6, 9.1, 9.11, 9.12 and 9.13 hereof shall remain in full force and effect, and provided that nothing contained herein shall release any party from liability hereinafter provided in this paragraph for any failure to comply with any provision, covenant or agreement contained herein. In the event either party (the "Breaching Party") fails to close the transaction as contemplated by this Agreement notwithstanding that all of the conditions to its obligation to close have been met, the other party (the "Non-Breaching Party") shall be entitled to payment of liquidated damages in the amount of $10,000,000 which shall be payable by the Breaching Party on May 1, 1998; provided, however, if Sellers fail to close as a result of a breach of Section 4.8 hereof, Sellers and Company shall be jointly and severally obligated to pay Buyer the sum of $10,000,000 as a fee and liquidated damages. The aforesaid payment shall be the sole and exclusive remedy of the Non-Breaching Party for damages for failure to close this transaction.
No Liabilities in Event of Termination. In the event of any termination of this Agreement as provided in this Article VII, this Agreement shall become void and of no further force and effect (except that the definitions of defined terms contained herein, Article VIII and Article IX shall continue in full force and effect) and there shall be no liability on the part of any Party; provided, however, that notwithstanding any such termination, each Party shall be liable to the other parties for any damages arising from any prior breach of this Agreement committed by such party.
No Liabilities in Event of Termination. If this Agreement is terminated as provided in Section 10.1, then this Agreement shall forthwith become wholly void and of no further force and effect, and there shall be no liability under this Agreement on the part of the Parties, except that the respective obligations of the Parties under the last sentence of Section 4.4 and the provisions of Section 10.2 and Article 11 (and the Confidentiality Agreement) shall remain in full force and effect; provided, however, that termination shall not relieve any Party from liabilities for any breach.
No Liabilities in Event of Termination. In the event of any termination of the Agreement as provided in Section 7.1 above, this Agreement shall forthwith become wholly void and of no further force and effect and there shall be no liability on the part of Buyer, the Sellers or the Company, except that the obligations of Buyer under Sections 4.1 and 7.3 of this Agreement shall remain in full force and effect, and except that termination shall not preclude any party from suing the other party for breach of this Agreement.
No Liabilities in Event of Termination. In the event of any termination of the Agreement as provided in Section 12.1 above, this Agreement shall forthwith become wholly void and of no further force and effect and there shall be no liability on the part of Purchaser, Sellers or Huffy, except that the obligations of Purchaser, Sellers and Huffy under Sections 4.5, 4.7 and Article X of this Agreement shall remain in full force and effect, and except that termination shall not preclude any party from suing the other party for breach of this Agreement.
No Liabilities in Event of Termination. In the event of any termination of the Agreement pursuant to Section 8.1, written notice thereof shall forthwith be given to the other party specifying the provision hereof pursuant to which such termination is made, this Agreement shall forthwith become wholly void and of no further force and effect, and there shall be no liability on the part of Buyer or Sellers, except (i) the obligations of Sellers and Buyer under Sections 9.1 shall remain in full force and effect, (ii) if this Agreement shall be terminated pursuant to Section 8.1(d) hereof, the Buyer shall be entitled to receive the Bid Fees, (iii) if this Agreement shall be terminated pursuant to Section 8.1(e) hereof, the breaching party shall remain liable to the non-breaching party for costs, expenses and damages incurred by its breach, and (iv) as otherwise provided in the Bid Procedures Order.
No Liabilities in Event of Termination. If this Agreement is terminated as provided in Section 10.1, then this Agreement shall forthwith become wholly void and of no further force and effect, and there shall be no liability under this Agreement on the part of Parent or Buyer, except that the respective obligations of Parent or Buyer, as the case may be, under the last sentence of Section 4.1 and Sections 10.2, 11.1 and 11.8 shall remain in full force and effect, and except that termination shall not preclude any Party from suing the other Party for breach of such other Party’s obligations to consummate the transactions contemplated hereby or impair the right of any Party to compel specific performance by the other Party of its obligations to consummate the transactions contemplated hereby.
