Other Rights and Remedies Not Affected. The indemnification rights of the parties under this Article X are independent of and in addition to such rights and remedies as the parties may have at law or in equity or otherwise for any misrepresentation, breach of warranty or failure to fulfill any agreement or covenant hereunder on the part of any party hereto including without limitation the right to seek specific performance, rescission or restitution, none of which rights or remedies shall be affected or diminished hereby.
Appears in 7 contracts
Samples: Asset Purchase Agreement (Factual Data Corp), Asset Purchase Agreement (Factual Data Corp), Asset Purchase Agreement (Bentley International Inc)
Other Rights and Remedies Not Affected. The indemnification rights of the parties under this Article X Section are independent of and in addition to such rights and remedies as the parties may have at law or in equity or otherwise for any misrepresentation, breach of warranty or failure to fulfill any agreement or covenant hereunder on the part of any party hereto including without limitation the right to seek specific performance, rescission or restitution, none of which rights or remedies shall be affected or diminished hereby.
Appears in 7 contracts
Samples: Purchase and Sale Agreement (International Nursing Services Inc), Purchase and Sale Agreement (New York Health Care Inc), Purchase and Sale Agreement (New York Health Care Inc)
Other Rights and Remedies Not Affected. The indemnification rights of the parties under this Article X hereunder are independent of and in addition to such rights and remedies as the parties may have at law Law or in equity or otherwise for any misrepresentation(a) fraud or willful misrepresentation on the part of Seller, breach of warranty the Company or their respective Representatives, or Buyer or its Representatives, as applicable, or (b) failure to fulfill any agreement or covenant hereunder on the part of any party hereto including without limitation the right to seek specific performance, rescission or restitution, none of which rights or remedies shall be affected or diminished hereby.
Appears in 4 contracts
Samples: Stock Purchase Agreement (Datameg Corp), Stock Purchase Agreement (Blue Earth Solutions, Inc.), Stock Purchase Agreement (Datameg Corp)
Other Rights and Remedies Not Affected. The indemnification rights of the parties under this Article X hereunder are independent of and in addition to such rights and remedies as the parties may have at law or in equity or otherwise for any misrepresentation, breach of warranty warranty, or failure to fulfill any agreement or covenant hereunder on the part of any party hereto hereto, including without limitation the right to seek specific performance, rescission rescission, or restitution, none of which rights or remedies shall be affected or diminished hereby.
Appears in 3 contracts
Samples: Stock Purchase Agreement (Crown Northcorp Inc), Stock Purchase Agreement (Harbert Equity Fund I LLC), Stock Purchase Agreement (Crown Northcorp Inc)
Other Rights and Remedies Not Affected. The indemnification rights of the parties under this Article X are independent of and in addition to such rights and remedies as the parties may have at law Law or in equity or otherwise for any misrepresentation, breach of warranty or failure to fulfill any agreement or covenant hereunder on the part of any party hereto hereto, including without limitation the right to seek specific performance, rescission or restitution, none of which rights or remedies shall be affected or diminished hereby.
Appears in 3 contracts
Samples: Membership Interest Purchase Agreement (Tiptree Financial Inc.), Membership Interest Purchase Agreement (National Health Investors Inc), Asset Purchase Agreement (Li3 Energy, Inc.)
Other Rights and Remedies Not Affected. The indemnification rights of the parties under this Article X VII are independent of and in addition to such rights and remedies as the parties may have at law Law or in equity or otherwise for any misrepresentation, breach of warranty or failure to fulfill any agreement or covenant hereunder on the part of any party hereto hereto, including without limitation the right to seek specific performance, rescission or restitution, none of which rights or remedies shall be affected or diminished hereby.
Appears in 3 contracts
Samples: Asset Purchase Agreement (P&f Industries Inc), Asset Purchase Agreement (P&f Industries Inc), Asset Purchase Agreement (P&f Industries Inc)
Other Rights and Remedies Not Affected. The indemnification rights of the parties under this Article X Section 11 are independent of of, and in addition to to, such rights and remedies as the parties may have at law or in equity or otherwise for any misrepresentationmisrepresentations, breach of warranty or failure to fulfill any agreement or covenant hereunder on the part of any party hereto hereto, including without limitation the right to seek specific performance, rescission rescission, or restitutionother injunctive relief, none of which rights or remedies shall be affected or diminished herebythereby.
Appears in 3 contracts
Samples: Business Transfer Agreement, Business Acquisition Agreement (Cannabis Global, Inc.), Asset Purchase Agreement
Other Rights and Remedies Not Affected. The indemnification rights of the parties under this Article X Agreement are independent of and in addition to such rights and remedies as the parties may have at law or in equity or otherwise for any misrepresentation, breach of warranty or failure to fulfill any agreement or covenant hereunder on the part of any party hereto hereto, including without limitation the right to seek specific performance, rescission or restitution, none of which rights or remedies shall be affected or diminished hereby.
Appears in 3 contracts
Samples: Asset Purchase Agreement (Key Energy Group Inc), Asset Purchase Agreement (Dawson Production Services Inc), Asset Purchase Agreement (Mobley Environmental Services Inc)
Other Rights and Remedies Not Affected. The indemnification rights of the parties under this Article X VIII are independent of of, and in addition to to, such rights and remedies as the parties may have at law Law or in equity or otherwise for any misrepresentation, breach of warranty or failure to fulfill any covenant, agreement or covenant obligation hereunder on the part of any party hereto hereto, including without limitation the right to seek specific performance, rescission or restitution, none of which rights or remedies shall be affected or diminished hereby.
Appears in 3 contracts
Samples: Asset Purchase Agreement (Home Bancshares Inc), Asset Purchase Agreement (Quality Distribution Inc), Asset Purchase Agreement (Quality Distribution Inc)
Other Rights and Remedies Not Affected. The indemnification rights of the parties under this Article X XI are independent of of, and in addition to to, such rights and remedies as the parties may have at law or in equity or otherwise for any misrepresentation, breach of warranty or failure to fulfill any agreement or covenant hereunder on the part of any party hereto including hereto, including, without limitation limitation, the right to seek specific performance, rescission or restitution, none of which rights or remedies shall be affected or diminished hereby.
Appears in 3 contracts
Samples: Merger Agreement (Planetrx Com), Share Exchange Agreement (Edison Renewables Inc), Share Exchange Agreement (Edison Renewables Inc)
Other Rights and Remedies Not Affected. The indemnification rights of the parties under this Article X section are independent of and in addition to such rights and remedies as the parties may have at law or in equity or otherwise for any misrepresentation, breach of warranty warranty, or failure to fulfill any agreement or covenant hereunder on the part of any party hereto including hereto, including, without limitation limitation, the right to seek specific performance, rescission rescission, or restitution, none of which rights or remedies shall be affected or diminished hereby.
Appears in 3 contracts
Samples: Subscription Agreement (Starwood Hotel & Resorts Worldwide Inc), Subscription Agreement (Grill Concepts Inc), Subscription Agreement (Eaturna LLC)
Other Rights and Remedies Not Affected. The indemnification rights of the parties under this Article X ARTICLE VII are independent of and in addition to such rights and remedies as the parties may have at law Law or in equity or otherwise for any misrepresentation, breach of warranty warranty, or failure to fulfill any agreement or covenant hereunder contained in this Agreement on the part party of any party hereto including hereto, including, without limitation limitation, the right to seek specific performance, rescission recession or restitution, none of which rights or remedies shall be affected or diminished hereby.
Appears in 2 contracts
Samples: Membership Interest Purchase Agreement (Diplomat Pharmacy, Inc.), Stock Purchase Agreement (Diplomat Pharmacy, Inc.)
Other Rights and Remedies Not Affected. The indemnification rights of the parties under this Article X V are independent of and in addition to such rights and remedies as the parties may have at law or in equity or otherwise for any misrepresentation, breach of warranty or failure to fulfill any agreement or covenant hereunder on the part of any party hereto including hereto, including, without limitation the right to seek specific performance, rescission recision or restitution, none of which rights or remedies shall be affected or diminished hereby.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Coast Dental Services Inc), Asset Purchase Agreement (Coast Dental Services Inc)
Other Rights and Remedies Not Affected. The indemnification rights of the parties under this Article X V are independent of and in addition to such rights and remedies as the parties may have at law Law or in equity or otherwise for any misrepresentation, breach of warranty or failure to fulfill any agreement or covenant hereunder on the part of any party hereto hereto, including without limitation the right to seek specific performance, rescission or restitution, none of which rights or remedies shall be affected or diminished hereby.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Aoxin Tianli Group, Inc.), Stock Purchase Agreement (Tianli Agritech, Inc.)
Other Rights and Remedies Not Affected. The indemnification rights of the parties under this Article X VIII are independent of and in addition to such rights and remedies as the parties may have at law Law or in equity or otherwise for any misrepresentation, breach of warranty or failure to fulfill any agreement or covenant hereunder on the part of any party hereto hereto, including without limitation the right to seek specific performance, rescission or restitution, none of which rights or remedies shall be affected or diminished hereby.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Quixote Corp), Purchase and Sale Agreement (Hallador Petroleum Co)
Other Rights and Remedies Not Affected. The indemnification rights of the parties under this Article X XII are independent of and in addition to such rights and remedies as the parties may have at law or in equity or otherwise for any misrepresentation, breach of warranty or failure to fulfill any agreement or covenant hereunder on the part of any party hereto hereto, including without limitation the right to seek specific performance, rescission or restitution, none of which rights or remedies shall be affected or diminished hereby.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Compu Dawn Inc), Purchase Agreement (Extech Corp)
Other Rights and Remedies Not Affected. The indemnification rights of the parties under this Article X VIII are independent of of, and in addition to to, such rights and remedies as the parties may have at law Law or in equity or otherwise for any misrepresentationfraud, as specified in Section 8.04(b), breach of warranty warranty, or failure to fulfill any agreement covenant, agreement, or covenant obligation hereunder on the part of any party hereto hereto, including without limitation the right to seek specific performance, rescission rescission, or restitution, without any requirement to post bond, none of which rights or remedies shall be affected or diminished hereby.
Appears in 2 contracts
Samples: Asset Purchase Agreement, Asset Purchase Agreement (Aspen Group, Inc.)
Other Rights and Remedies Not Affected. The indemnification rights of the parties under this Article X article are independent of and in addition to such rights and remedies as the parties may have at law or in equity or otherwise for any misrepresentation, breach of warranty warranty, or failure to fulfill any agreement agreement, covenant, or covenant hereunder on the part of any party hereto other obligation under this Agreement, including without limitation the right to seek specific performance, rescission rescission, or restitution, none of which rights or remedies shall be affected or diminished hereby.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Drexel Burnham Lambert Real Estate Associates Iii), Stock Purchase Agreement (Drexel Burnham Lambert Real Estate Associates)
Other Rights and Remedies Not Affected. The indemnification rights of the parties Parties under this Article X Clause 9 are independent of of, and in addition to to, such rights and remedies as the parties Parties may have at law or in equity or otherwise for any misrepresentationintentional or knowing misrepresentations, breach of warranty or failure to fulfill any agreement or covenant hereunder on the part of any party hereto Party, including without limitation the right to seek specific performance, rescission rescission, restitution or restitutionother injunctive relief, none of which rights or remedies shall be affected or diminished herebythereby.
Appears in 2 contracts
Samples: Shareholders Agreement (Millennium India Acquisition CO Inc.), Shareholders Agreement (Millennium India Acquisition CO Inc.)
Other Rights and Remedies Not Affected. The indemnification rights of the parties under this Article X IX are independent of and in addition to such rights and remedies as the parties may have at law Law or in equity or otherwise for any misrepresentation, breach of warranty or failure to fulfill any agreement or covenant hereunder on the part of any party hereto hereto, including without limitation the right to seek specific performance, rescission or restitution, none of which rights or remedies shall be affected or diminished hereby.
Appears in 2 contracts
Samples: Stock Purchase Agreement (InfuSystem Holdings, Inc), Purchase Agreement (Penson Worldwide Inc)
Other Rights and Remedies Not Affected. The indemnification rights of the parties under this Article X VII are independent of and in addition to such rights and remedies as the parties may have at law or in equity or otherwise for any misrepresentation, breach of warranty or failure to fulfill any agreement or covenant hereunder on the part of any party hereto including without limitation the right to seek specific performance, rescission or restitution, none of which rights or remedies shall be affected or diminished hereby.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Health Enhancement Products Inc), Agreement and Plan of Exchange (American Aircarriers Support Inc)
Other Rights and Remedies Not Affected. The indemnification rights of the parties under this Article X are independent of and in addition to such rights and remedies as the parties may have at law or in equity or otherwise for any misrepresentation, breach of warranty or failure to fulfill any agreement or covenant hereunder on the part of any party hereto hereto, including without limitation the right to seek specific performance, rescission or restitution, none of which rights or remedies shall be affected or diminished hereby.
Appears in 2 contracts
Samples: Merger Agreement (Middle Bay Oil Co Inc), Stock Purchase Agreement (Telebyte Technology Inc)
Other Rights and Remedies Not Affected. The indemnification rights of the parties under this Article X XII are independent of and in addition to such rights EXTECH CORPORATION 45 and remedies as the parties may have at law or in equity or otherwise for any misrepresentation, breach of warranty or failure to fulfill any agreement or covenant hereunder on the part of any party hereto hereto, including without limitation the right to seek specific performance, rescission or restitution, none of which rights or remedies shall be affected or diminished hereby.
Appears in 1 contract
Samples: Purchase Agreement (Extech Corp)
Other Rights and Remedies Not Affected. The indemnification rights of the parties any Indemnified Party under this Article X Agreement are independent of and in addition to such rights and remedies as the parties any such party may have at law or in equity or otherwise for any misrepresentation, breach of warranty or failure to fulfill any agreement or covenant hereunder on the part of any party hereto including other party, including, without limitation limitation, the right to seek specific performance, rescission or restitution, none of which rights or remedies shall be affected or diminished hereby.
Appears in 1 contract
Samples: Asset Purchase Agreement (Biosearch Medical Products Inc)
Other Rights and Remedies Not Affected. The indemnification rights of the parties Parties under this Article X Section 9 are independent of and in addition to such rights and remedies as the parties Parties may have at law Law or in equity or otherwise for any misrepresentation, breach of warranty or failure to fulfill any agreement or covenant hereunder on the part of any party hereto hereto, including without limitation the right to seek specific performance, rescission or restitution, none of which rights or remedies shall be affected or diminished hereby.
Appears in 1 contract
Other Rights and Remedies Not Affected. The indemnification rights of the parties under this Article X Agreement are independent of and in addition to such rights and remedies as the parties may have at law or in equity or otherwise for any misrepresentation, breach of warranty or failure to fulfill any agreement or covenant hereunder on the part of any party hereto to this Agreement, including without limitation the right to seek specific performance, rescission or restitution, none of which rights or remedies shall be affected or diminished hereby.
Appears in 1 contract
Samples: License Agreement (Piranha Interactive Publishing Inc)
Other Rights and Remedies Not Affected. The indemnification rights of the parties Parties under this Article X Agreement are independent of and in addition to such rights and remedies as the parties Parties may have at law or in equity or otherwise for any misrepresentationmisrepresentations, breach of warranty or failure to fulfill any agreement or covenant hereunder on the part of any party hereto including without limitation the right to seek specific performance, rescission or restitution, none of which rights or remedies shall be affected or diminished hereby.any
Appears in 1 contract
Other Rights and Remedies Not Affected. The indemnification rights of the parties under this Article X are independent of and an in addition to such rights and remedies as the parties may have at law or in equity or otherwise for any misrepresentation, breach of warranty or failure to fulfill any agreement or covenant hereunder on the part of any party hereto hereunder, including without limitation the right to seek specific performance, rescission rescission, or restitution, none of which rights or remedies shall be affected or diminished hereby.
Appears in 1 contract
Samples: Asset Purchase Agreement (Summit Environmental Corp Inc)
Other Rights and Remedies Not Affected. The indemnification rights of the parties Parties under this Article X Section 9 are independent of and in addition to such rights and remedies as the parties Parties may have at law Law or in equity or otherwise for any misrepresentation, breach of warranty or failure to fulfill any agreement or covenant hereunder on the part of any party hereto hereto, including without limitation the right to seek specific performance, rescission or restitution, none of which rights or remedies shall be affected or diminished hereby.
Appears in 1 contract
Other Rights and Remedies Not Affected. The indemnification rights of the parties under this Article X are independent of of, and in addition to to, such rights and remedies as the parties may have at law or in equity or otherwise for any misrepresentation, breach of warranty or failure to fulfill any covenant, agreement or covenant obligation hereunder on the part of any party hereto hereto, including without limitation the right to seek specific performance, rescission or restitution, none of which rights or remedies shall be affected or diminished hereby.
Appears in 1 contract
Samples: Asset Purchase and Fuel Supply Agreement (EzFill Holdings Inc)
Other Rights and Remedies Not Affected. The indemnification rights of the parties under this Article X VII are independent of and in addition to such rights and remedies as the parties may have at law or in equity or otherwise for any misrepresentation, breach of warranty or failure to fulfill any agreement or covenant hereunder on the part of any party hereto hereto, including without limitation the right to seek specific performance, rescission or restitution, none of which rights or remedies shall be affected or diminished hereby.
Appears in 1 contract
Other Rights and Remedies Not Affected. The indemnification rights of the parties under this Article X XIII are independent of and in addition to such rights and remedies as the parties may have at law or in equity or otherwise for any misrepresentation, breach of warranty or failure to fulfill any agreement or covenant hereunder on the part of any party hereto hereto, including without limitation the right to seek specific performance, rescission or restitution, none of which rights or remedies shall be affected or diminished hereby.
Appears in 1 contract
Other Rights and Remedies Not Affected. The indemnification rights of the parties under this Article X XII are independent of of, and in addition to to, such rights and remedies as the parties may have at law or in equity or otherwise for any misrepresentation, breach of warranty or failure to fulfill any agreement or covenant hereunder on the part of any party hereto hereto, including without limitation the right to seek specific performance, rescission or restitution, none of which rights or remedies shall be affected or diminished hereby.
Appears in 1 contract
Samples: Merger Agreement (Compu Dawn Inc)
Other Rights and Remedies Not Affected. The indemnification rights of the parties under this Article X VIII are independent of and in addition to such rights and remedies as the parties may have at law or in equity or otherwise for any misrepresentation, breach of warranty or failure to fulfill any agreement or covenant hereunder on the part of any party hereto hereto, including without with limitation to the right to seek specific performance, rescission or restitution, none of which rights or remedies shall be affected or diminished hereby.
Appears in 1 contract
Other Rights and Remedies Not Affected. The indemnification rights of the parties under this Article X ARTICLE VII are independent of of, and in addition to to, such rights and remedies as the parties may have at law Law or in equity or otherwise for any misrepresentation, breach of warranty or failure to fulfill any covenant, agreement or covenant obligation hereunder on the part of any party hereto hereto, including without limitation the right to seek specific performance, rescission or restitution, none of which rights or remedies shall be affected or diminished hereby.
Appears in 1 contract
Other Rights and Remedies Not Affected. The indemnification rights of the parties under this Article X Section 11 are independent of of, and in addition to to, such rights and remedies as the parties may have at law or in equity or otherwise for any misrepresentationmisrepresentations, breach of warranty or failure to fulfill fulfil any agreement or covenant hereunder on the part of any party hereto hereto, including without limitation the right to seek specific performance, rescission rescission, or restitutionother injunctive relief, none of which rights or remedies shall .shall be affected or diminished herebythereby.
Appears in 1 contract
Samples: Asset Purchase & Employee Transfer Agreement (Sonim Technologies Inc)
Other Rights and Remedies Not Affected. The indemnification rights of the parties under this Article X Section are independent of and in addition to such rights and remedies as the parties may have at law or in equity or otherwise for any misrepresentation, breach of warranty or failure to fulfill any agreement or covenant hereunder on the part of any party hereto party, including without limitation the right to seek specific performance, rescission or restitution, none of which rights or remedies shall be affected or diminished hereby.
Appears in 1 contract
Samples: Securities Purchase Agreement (Eagletech Communications Inc)
Other Rights and Remedies Not Affected. The indemnification rights of the parties under this Article X Section are independent of and in addition to such rights and remedies as the parties may have at a law or in equity or otherwise for any misrepresentationmisrepresentations, breach of warranty or failure to fulfill any agreement or covenant hereunder on the part of any party hereto including without limitation the right to seek specific performance, rescission or restitution, none of which rights or remedies shall be affected or diminished hereby.
Appears in 1 contract
Other Rights and Remedies Not Affected. The indemnification rights of the parties under this Article X V are independent of and in addition to such rights and remedies as the parties may have at law or in equity or otherwise for any misrepresentation, breach of warranty or failure to fulfill any agreement or covenant hereunder on the part of any party hereto including without limitation the right to seek specific performance, rescission or restitution, none of which rights or remedies shall be affected or diminished hereby.party
Appears in 1 contract
Samples: Asset Purchase Agreement (Coast Dental Services Inc)
Other Rights and Remedies Not Affected. The indemnification rights of the parties Parties under this Article X Section 12.6 are independent of of, and in addition to to, such rights and remedies as the parties Parties may have at law Law or in equity or otherwise for any misrepresentation, breach of warranty or failure to fulfill any covenant, agreement or covenant obligation hereunder on the part of any party hereto Party hereto, including without limitation the right to seek specific performance, rescission or restitution, none of which rights or remedies shall be affected or diminished hereby.
Appears in 1 contract
Other Rights and Remedies Not Affected. The indemnification rights of the parties under this Article X VII are independent of and in addition to such rights and remedies as the parties may have at law or in equity or otherwise for any misrepresentation, breach of warranty or failure to fulfill any agreement or covenant hereunder on the part of any party hereto including hereto, including, without limitation limitation, the right to seek specific performance, rescission or restitution, none of which rights or remedies shall be affected or diminished hereby.
Appears in 1 contract
Other Rights and Remedies Not Affected. The indemnification rights of the parties under Parties in this Article X Section 14 are independent of of, and in addition to to, such rights and remedies as the parties each Party may have against the other Party at law or in equity or otherwise for any misrepresentation, breach of warranty warranty, or failure to fulfill any agreement covenant, agreement, or covenant hereunder on the part of any party hereto obligation hereunder, including without limitation the right to seek specific performance, rescission or restitution, none of which rights or remedies shall be affected or diminished hereby.
Appears in 1 contract
Samples: Development Agreement
Other Rights and Remedies Not Affected. The indemnification rights of the parties under this Article X IV are independent of and in addition to such rights and remedies as the parties may have at law or in equity or otherwise for any misrepresentation, breach of warranty or failure to fulfill any agreement or covenant hereunder on the part of any party hereto including hereto, including, without limitation the right to seek specific performance, rescission recision or restitution, none of which rights or remedies shall be affected or diminished hereby.
Appears in 1 contract
Other Rights and Remedies Not Affected. The indemnification rights of the parties under this Article X Section 20 are independent of and in addition to such rights and remedies as the parties may have at law or in equity or otherwise for any misrepresentation, breach of warranty or failure to fulfill any agreement or covenant hereunder on the part of any party hereto hereto, including without limitation the right to seek specific performance, rescission or restitution, none of which rights or remedies shall be affected or diminished hereby.
Appears in 1 contract
Other Rights and Remedies Not Affected. The indemnification rights of the parties under this Article X hereunder are independent of and in addition to such rights and remedies as the parties may have at law or in equity or otherwise for any misrepresentation, breach of warranty warranty, or failure to fulfill any agreement or covenant hereunder on the part party of any party hereto hereto, including without limitation the right to seek specific performance, rescission recision, or restitution, none of which rights or remedies shall be affected or diminished hereby.
Appears in 1 contract
Other Rights and Remedies Not Affected. The indemnification rights of the parties under this Article X are independent of and in addition to such rights and remedies as the parties may have at law or in equity or otherwise for any misrepresentation, breach of warranty or warranty, failure to fulfill any agreement or covenant hereunder on the part of any party hereto hereto, or otherwise, including without limitation the right to seek specific performance, rescission or restitution, none of which rights or remedies shall be affected or diminished hereby.
Appears in 1 contract
Samples: Asset Purchase Agreement (Nextphase Wireless, Inc.)
Other Rights and Remedies Not Affected. The indemnification rights of the parties under this Article X 7 are independent of of, and in addition to to, such rights and remedies as the parties may have at law Law or in equity equity, or otherwise for any misrepresentation, breach of warranty or failure to fulfill any agreement or covenant hereunder on the part of any party hereto hereto, including without limitation the right to seek specific performance, rescission or restitution, none of which rights or remedies shall be affected or diminished hereby.
Appears in 1 contract
Other Rights and Remedies Not Affected. The indemnification rights of the parties Parties under this Article X VIII are independent of and in addition to such rights and remedies as the parties Parties may have at law Law or in equity or otherwise for any misrepresentation, breach of warranty or warranty, failure to fulfill any agreement or covenant hereunder on the part of any party hereto Party or for fraud or fraudulent misrepresentation, including without limitation the right to seek specific performance, rescission or restitution, none of which rights or remedies shall be affected or diminished hereby.
Appears in 1 contract
Other Rights and Remedies Not Affected. The indemnification rights of the parties under this Article X Section 11 are independent of of, and in addition to to, such rights and remedies as the parties may have at law or in equity or otherwise for any misrepresentationmisrepresentations, breach of warranty or failure to fulfill fulfil any agreement or covenant hereunder on the part of any party hereto hereto, including without limitation the right to seek specific performance, rescission rescission, or restitutionother injunctive relief, none of which rights or remedies shall be affected or diminished herebythereby.
Appears in 1 contract
Samples: Business Transfer Agreement
Other Rights and Remedies Not Affected. The indemnification rights of the parties Parties and other Persons under this Article X 13 are independent of and in addition to such other rights and remedies as that the parties Parties and such other Persons may have at law or in equity or otherwise for any misrepresentation, breach of warranty or failure to fulfill any agreement or covenant hereunder on the part of any party hereto including Party hereto, including, without limitation limitation, the right to offset or to seek specific performance, rescission or restitution, none of which rights or remedies shall be adversely affected or diminished hereby.
Appears in 1 contract
Samples: Asset Purchase Agreement (Main Street Banks Inc /New/)
Other Rights and Remedies Not Affected. The indemnification rights of the parties under this Article X XI are independent of and in addition to such rights and remedies as the parties may have at law or in equity or otherwise for any misrepresentation, breach of warranty or failure to fulfill any agreement or covenant hereunder on the part of any party hereto including hereto, including, without limitation limitation, the right to seek specific performance, rescission or restitution, none of which rights or remedies shall be affected or diminished hereby.
Appears in 1 contract