Common use of Other Indemnification Matters Clause in Contracts

Other Indemnification Matters. (a) In no event shall any party hereto be liable for loss of profits or consequential damages hereunder. (b) The right of recovery by Buyer Indemnified Parties or Seller Indemnified Parties with respect to any matter covered by this Article 9 shall be net of any insurance proceeds received by the Buyer Indemnified Parties or Seller Indemnified Parties, as the case may be, as a result of any Losses. (c) Notwithstanding anything in this Agreement to the contrary, Seller shall not be responsible for any liability or obligation as a result of Buyer's or Xxxxxxx'x or any Subsidiary's failure to comply with applicable law after the Closing Time even if Xxxxxxx and the Subsidiaries are owned or operated after the Closing Time in the manner owned or operated prior to Closing, except to the extent that the manner of ownership or operation prior to Closing Time constitutes a breach of a representation or warranty contained in this Agreement. (d) Upon making any payment to an Indemnified Party for any indemnification claim pursuant to this Article 9, the Indemnifying Party shall be subrogated, to the extent of such payment, to any rights which the Indemnified Party may have against any other parties with respect to the subject matter underlying such indemnification claim.

Other Indemnification Matters. (a) a In no event shall any party hereto be liable for loss of profits or consequential damages hereunder. (b) b The right of recovery by Buyer Indemnified Parties or Seller Indemnified Parties with respect to any matter covered by this Article 9 shall be net of any insurance proceeds received by the Buyer Indemnified Parties or Seller Indemnified Parties, as the case may be, as a result of any Losses. (c) c Notwithstanding anything in this Agreement to the contrary, Seller shall not be responsible for any liability or obligation as a result of Buyer's or Xxxxxxx'x or any Subsidiary's failure failure, in connection with its operation of the German Truck-Mounted Business, to comply with applicable law after the Closing Time even if Xxxxxxx the German Truck-Mounted Business is owned and the Subsidiaries are owned or operated after the Closing Time in the manner owned or and operated prior to the Closing, except to the extent that the manner of ownership or operation prior to the Closing Time constitutes a breach of a representation or warranty contained in this Agreement. (d) d Upon making any payment to an Indemnified Party for any indemnification claim pursuant to this Article 9, the Indemnifying Party shall be subrogated, to the extent of such payment, to any rights which the Indemnified Party may have against any other parties with respect to the subject matter underlying such indemnification claim.

Other Indemnification Matters. (a) In no event shall any party hereto be liable for loss of profits or consequential damages hereunder. (b) The right of recovery by Buyer Indemnified Parties or Seller Indemnified Parties with respect to any matter covered by this Article 9 shall be net of any insurance proceeds received by the Buyer Indemnified Parties or Seller Indemnified Parties, as the case may be, as a result of any Losses. (c) Notwithstanding anything in this Agreement to the contrary, Seller shall not be responsible for any liability or obligation as a result of Buyer's or Xxxxxxx'x or any Subsidiary's failure failure, in connection with its operation of the Princeton Business, to comply with applicable law after the Closing Time even if Xxxxxxx the Princeton Business is owned and the Subsidiaries are owned or operated after the Closing Time in the manner owned or and operated prior to the Closing, except to the extent that the manner of ownership or operation prior to the Closing Time constitutes a breach of a representation or warranty contained in this Agreement. (d) Upon making any payment to an Indemnified Party for any indemnification claim pursuant to this Article 9, the Indemnifying Party shall be subrogated, to the extent of such payment, to any rights which the Indemnified Party may have against any other parties with respect to the subject matter underlying such indemnification claim.

Other Indemnification Matters. (a) In no event shall any party hereto be liable for loss of profits or consequential damages hereunder. (b) The right of recovery by Buyer Indemnified Parties or Seller Indemnified Parties with respect to any matter covered by this Article 9 shall be net of any insurance proceeds received by the Buyer Indemnified Parties or Seller Indemnified Parties, as the case may be, as a result of any Losses. (c) Notwithstanding anything in this Agreement to the contrary, Seller shall not be responsible for any liability or obligation as a result of Buyer's or Xxxxxxx'x Terex B.V.'s or any Subsidiary's failure to comply with applicable law after the Closing Time even if Xxxxxxx Terex B.V. and the Subsidiaries are owned or operated after the Closing Time in the manner owned or operated prior to Closing, except to the extent that the manner of ownership or operation prior to the Closing Time constitutes a breach of a representation or warranty contained in this Agreement. (d) Upon making any payment to an Indemnified Party for any indemnification claim pursuant to this Article 9, the Indemnifying Party shall be subrogated, to the extent of such payment, to any rights which the Indemnified Party may have against any other parties with respect to the subject matter underlying such indemnification claim.