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 (Factual Data Corp)
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: Stock for Stock Exchange Agreement (New York Health Care Inc), Purchase and Sale Agreement (New York Health Care Inc), Purchase and Sale Agreement (International Nursing Services 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 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: Agreement and Plan of Merger (Planetrx Com), Agreement and Plan of Share (Edison Renewables Inc), Agreement and Plan of Share (Edison Renewables 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 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 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), Agreement (Extech Corp)
Other Rights and Remedies Not Affected. The indemnification rights of the parties Indemnified Party under this Article X XI are independent of and in addition to such rights and remedies as the parties Indemnified Party may have at law or in equity or otherwise for any misrepresentation, misrepresentations 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 herebyhereto.
Appears in 2 contracts
Samples: Employment Agreement (Hirel Holdings Inc), Asset Purchase Agreement (Hirel 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 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: Agreement and Plan of Merger (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 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
Other Rights and Remedies Not Affected. The indemnification rights of the parties Parties under this Article X IX 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 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 Indemnified Party under this Article X are independent of and in addition to such rights and remedies as the parties Indemnified Party may have at law or in equity or otherwise for any misrepresentation, misrepresentations 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 herebyhereto.
Appears in 1 contract
Samples: Reorganization Agreement (United Information Systems 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 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 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
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 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 1 contract