Common use of NONEXCLUSIVITY OF INDEMNIFICATION REMEDIES Clause in Contracts

NONEXCLUSIVITY OF INDEMNIFICATION REMEDIES. The indemnification remedies and other remedies provided in this Section 9 shall not be deemed to be exclusive. Accordingly, the exercise by any Person of any of its rights under this Section 9 shall not be deemed to be an election of remedies and shall not be deemed to prejudice, or to constitute or operate as a waiver of, any other right or remedy that such Person may be entitled to exercise (whether under this Agreement, under any other Contract, under any statute, rule or other Legal Requirement, at common law, in equity or otherwise).

Appears in 7 contracts

Samples: Asset Purchase Agreement (Medical Transcription Billing, Corp), Asset Purchase Agreement (Medical Transcription Billing, Corp), Asset Purchase Agreement (Integrated Surgical Systems Inc)

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NONEXCLUSIVITY OF INDEMNIFICATION REMEDIES. The indemnification remedies and other remedies provided in this Section 9 10 shall not be deemed to be exclusive. Accordingly, the exercise by any Person of any of its rights under this Section 9 10 shall not be deemed to be an election of remedies and shall not be deemed to prejudice, or to constitute or operate as a waiver of, any other right or remedy that such Person may be entitled to exercise (whether under this Agreement, under any other Contract, under any statute, rule or other Legal Requirement, at common law, in equity or otherwise).

Appears in 3 contracts

Samples: Acquisition Agreement (Tech Squared Inc), Acquisition Agreement (Digital River Inc /De), Stock Purchase Agreement (Molecular Devices Corp)

NONEXCLUSIVITY OF INDEMNIFICATION REMEDIES. The indemnification remedies and other remedies provided in this Section Article 9 shall not be deemed to be exclusive. Accordingly, the exercise by any Person of any of its rights under this Section Article 9 shall not be deemed to be an election of remedies and shall not be deemed to prejudice, or to constitute or operate as a waiver of, any other right or remedy that such Person may be entitled to exercise (whether under this Agreement, under any other Contract, under any statute, rule or other Legal Requirement, at common law, in equity or otherwise).

Appears in 2 contracts

Samples: Asset Purchase Agreement (Ditech Corp), Asset Purchase Agreement (Ditech Corp)

NONEXCLUSIVITY OF INDEMNIFICATION REMEDIES. The indemnification remedies and other remedies provided in this Section 9 8 shall not be deemed to be exclusive. Accordingly, the exercise by any Person of any of its rights under this Section 9 8 shall not be deemed to be an election of remedies and shall not be deemed to prejudice, or to constitute or operate as a waiver of, any other right or remedy that such Person may be entitled to exercise (whether under this Agreement, under any other Contract, under any statute, rule or other Legal Requirement, at common law, in equity or otherwise).

Appears in 2 contracts

Samples: Stock Purchase Agreement (Invision Technologies Inc), Purchase Agreement (Unimark Group Inc)

NONEXCLUSIVITY OF INDEMNIFICATION REMEDIES. The indemnification remedies and other remedies provided in this Section 9 shall not be deemed to be exclusive. Accordingly, the exercise by any Person of any of its rights under this Section 9 shall not be deemed to be an election of remedies and shall not be deemed to prejudice, or to constitute or operate as a waiver of, any other right or remedy that such Person may be entitled to exercise (whether under this 33 Agreement, under any other Contract, under any statute, rule or other Legal Requirement, at common law, in equity or otherwise).

Appears in 1 contract

Samples: Asset Purchase Agreement (Raindance Communications Inc)

NONEXCLUSIVITY OF INDEMNIFICATION REMEDIES. The indemnification remedies and other remedies provided in this Section 9 7 shall not be deemed to be exclusive. Accordingly, the exercise by any Person of any of its rights under this Section 9 7 shall not be deemed to be an election of remedies and shall not be deemed to prejudice, or to constitute or operate as a waiver of, any other right or remedy that such Person may be entitled to exercise (whether under this Agreement, under any other Contract, under any statute, rule or other Legal Requirement, at common law, in equity or otherwise).

Appears in 1 contract

Samples: Asset Purchase Agreement (Shaman Pharmaceuticals Inc)

NONEXCLUSIVITY OF INDEMNIFICATION REMEDIES. The indemnification remedies and other remedies provided in this Section 9 Sections 10 and 11 hereof shall not be deemed to be exclusive. Accordingly, the exercise by any Person person of any of its rights under this Section 9 Sections 10 and 11 hereof shall not be deemed to be an election of remedies and shall not be deemed to prejudice, or to constitute or operate as a waiver of, any other right or remedy that such Person person may be entitled to exercise (exercise, whether under this Agreement, under any other Contractcontract, under any statute, rule or other Legal Requirementlegal requirement, at common law, in equity or otherwise).

Appears in 1 contract

Samples: Asset Purchase Agreement (Dynamic Materials Corp)

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NONEXCLUSIVITY OF INDEMNIFICATION REMEDIES. The indemnification remedies and other remedies provided in this Section 9 10.5 shall not be deemed to be exclusive. Accordingly, the exercise by any Person of any of its rights under this Section 9 10.5 shall not be deemed to be an election of remedies and shall not be deemed to prejudice, or to constitute or operate as a waiver of, any other right or remedy that such Person may be entitled to exercise (whether under this Agreement, under any other Contract, under any statute, rule or other Legal Requirement, at common law, in equity or otherwise).

Appears in 1 contract

Samples: Asset Purchase Agreement (Exelixis Inc)

NONEXCLUSIVITY OF INDEMNIFICATION REMEDIES. The indemnification remedies and other remedies provided in this Section 9 10.2 shall not be deemed to be exclusive. Accordingly, the exercise by any Person of any of its rights under this Section 9 10.2 shall not be deemed to be an election of remedies and shall not be deemed to prejudice, or to constitute or operate as a waiver of, any other right or remedy that such Person may be entitled to exercise (whether under this Agreement, under any other Contract, under any statute, rule or other Legal Requirement, at common law, in equity or otherwise).

Appears in 1 contract

Samples: Asset Purchase Agreement (Exelixis Inc)

NONEXCLUSIVITY OF INDEMNIFICATION REMEDIES. The indemnification remedies and other remedies provided in this Section 9 8 shall not be deemed to be exclusive. Accordingly, the exercise by any Person person of any of its rights under this Section 9 8 shall not be deemed to be an election of remedies and shall not be deemed to prejudice, or to constitute or operate as a waiver of, any other right or remedy that such Person person may be entitled to exercise (exercise, whether under this Agreement, under any other Contractcontract, under any statute, rule or other Legal Requirementlegal requirement, at common law, in equity or otherwise).

Appears in 1 contract

Samples: Asset Purchase Agreement (Dynamic Materials Corp)

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