Common use of No Liability for Termination Clause in Contracts

No Liability for Termination. Termination of this Agreement by a party (the "Terminating Party") in accordance with the provisions of this Section 10 will not give rise to any obligation or liability on the part of the Terminating Party on account of such termination; provided, however, that nothing herein shall relieve a party from liability for a willful breach of this Agreement. The provisions of Article 10 and Article 13 shall survive any termination of this Agreement.

Appears in 2 contracts

Samples: Merger Agreement (Interwoven Inc), Merger Agreement (Keynote Systems Inc)

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No Liability for Termination. Termination of this Agreement by a party (the "Terminating TERMINATING Party") in accordance with the provisions of this Section 10 will not give rise to any obligation or liability (a) on the part of the Terminating Party on account of such termination; provided, however, that nothing herein shall relieve termination or (b) to any party hereto who has not committed a party from liability for a willful breach of this Agreement. The provisions of Article 10 and Article 13 shall survive any termination of this Agreement.

Appears in 2 contracts

Samples: Agreement and Plan of Reorganization (Marketwatch Com Inc), Agreement and Plan of Reorganization (Marketwatch Com Inc)

No Liability for Termination. Termination of this Agreement by a party (the "Terminating Party") in accordance with the provisions of this Section Article 10 will not give rise to any obligation or liability on the part of the Terminating Party any party on account of such termination; provided. Notwithstanding the foregoing, howeverno party shall be relieved from any liability to any other party hereto arising from, that nothing herein shall relieve or Damages incurred by any other party hereto as a result of, such first party from liability for a willful breach of failing to consummate the transactions contemplated by this Agreement. The provisions of Article 10 and Article 13 shall survive any termination of this AgreementAgreement in circumstances when such first party was obligated to do so.

Appears in 1 contract

Samples: Exchange Agreement (Glu Mobile Inc)

No Liability for Termination. Termination of this Agreement by a party (the "Terminating Party") in accordance with the provisions of this Section Article 10 will not give rise to any obligation or liability shall terminate all obligations and liabilities on the part of the Terminating Party on account of such terminationeach party and their respective officers, directors, employees, agents, consultants, representatives or stockholders (in their respective capacities as such), if applicable, and this Agreement shall have no further force or effect; provided, however, that nothing herein shall relieve a party from liability for a willful breach of this Agreement. The provisions of this Article 10 and Article 13 12 shall survive any termination of this Agreement.

Appears in 1 contract

Samples: Merger Agreement (Netscreen Technologies Inc)

No Liability for Termination. Termination of this Agreement by a party (the "Terminating Party") in accordance with the provisions of this Section Article 10 will not give rise to any obligation or liability on the part of the Terminating Party on account of such termination; provided, however, that nothing herein shall relieve a party from liability for a willful breach of this Agreement. The provisions of this Article 10 and Article 13 12 shall survive any termination of this Agreement.

Appears in 1 contract

Samples: Merger Agreement (Advanced Power Technology Inc)

No Liability for Termination. Termination of this Agreement by a party (the "Terminating Party") in accordance with the provisions of this Section 10 will not give rise to any obligation or liability on the part of the Terminating Party on account of such termination; provided, however, that nothing herein shall relieve a party from liability for a willful breach of this Agreement. The provisions of Article 10 and Article 13 12 shall survive any termination of this Agreement.. ARTICLE 11

Appears in 1 contract

Samples: Merger Agreement (Adaptec Inc)

No Liability for Termination. Termination of this Agreement by a ---------------------------- party (the "Terminating Party") in accordance with the provisions of this Section 10 will not give rise to any obligation or liability on the part of the Terminating Party on account of such termination; provided, however, that nothing herein shall relieve a party from liability for a willful breach of this Agreement. The provisions of Article 10 and Article 13 shall survive any termination of this Agreement.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (At Home Corp)

No Liability for Termination. Termination of this Agreement by a ---------------------------- party (the "Terminating Party") in accordance with the provisions of this Section 10 11 will not give rise to any obligation or liability on the part of the Terminating Party on account of such termination; provided, however, that -------- ------- nothing herein shall relieve a party from liability for a willful breach of this Agreement. The provisions of Article 10 and Article 13 shall survive any termination of this Agreement.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (At Home Corp)

No Liability for Termination. Termination of this Agreement by a party (the "Terminating Party") in accordance with the provisions of this Section 10 will Article 9 shall not give rise to any obligation or liability on the part of the Terminating Party on account of such termination; provided, however, that nothing herein shall relieve a party from liability for a willful breach of this AgreementAgreement or from the provisions of Section 10.18 hereof. The provisions of this Article 9 and Article 10 and Article 13 shall survive any termination of this Agreement.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Keynote Systems Inc)

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No Liability for Termination. Termination of this Agreement by ---------------------------- a party (the "Terminating Party") in accordance with the provisions of this Section 10 will not give rise to any obligation or liability on the part of the Terminating Party on account of such termination; provided, however, that -------- ------- nothing herein shall relieve a party from liability for a willful breach of this Agreement. The provisions of Article 10 and Article 13 shall survive any termination of this Agreement.

Appears in 1 contract

Samples: Merger Agreement (Interwoven Inc)

No Liability for Termination. Termination of this Agreement by a party (the "Terminating Party") in accordance with the provisions of this Section Article 10 will shall not give rise to any obligation or liability on the part of the Terminating Party on account of such termination; provided, however, that nothing herein shall relieve a party from liability for a willful breach of this Agreement. The provisions of this Article 10 and Article 13 12 shall survive any termination of this Agreement.

Appears in 1 contract

Samples: Merger Agreement (Netscreen Technologies Inc)

No Liability for Termination. Termination of this Agreement by a party (the "Terminating PartyTERMINATING PARTY") in accordance with the provisions of this Section Article 10 will not give rise to any obligation or liability on the part of the Terminating Party on account of such termination; provided, however, that nothing herein shall relieve a party from liability for a willful breach of this Agreement. The provisions of this Article 10 and Article 13 12 shall survive any termination of this Agreement.

Appears in 1 contract

Samples: Merger Agreement (Symyx Technologies Inc)

No Liability for Termination. Termination of this Agreement by a party (the "Terminating PartyTERMINATING PARTY") in accordance with the provisions of this Section 10 will not give rise to any obligation or liability on the part of the Terminating Party on account of such termination; provided, however, that nothing herein shall relieve a party from liability for a willful breach of this Agreement. The provisions of Article 10 and Article 13 shall survive any termination of this Agreement.

Appears in 1 contract

Samples: Exchange Agreement (Intuit Inc)

No Liability for Termination. Termination of this Agreement by ---------------------------- a party (the "Terminating Party") in accordance with the provisions of this Section 10 will not give rise to any obligation or liability on the part of the Terminating Party on account of such termination; provided, however, that nothing herein shall relieve a party from liability for a willful breach of this Agreement. The provisions of Article 10 and Article 13 12 shall survive any termination of this Agreement.

Appears in 1 contract

Samples: Merger Agreement (Keynote Systems Inc)

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