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Common use of Other Rights and Remedies Not Affected Clause in Contracts

Other Rights and Remedies Not Affected. The indemnification rights of the parties under this Article IX 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 failure to fulfill any agreement or covenant hereunder (other than those relating to the representations and warranties set forth in Article II, III and IV) 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

Samples: Asset Purchase Agreement (Next Inc/Tn)

Other Rights and Remedies Not Affected. The indemnification rights of the parties under this Article IX 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 fraud, as specified in Section 8.04(d), breach of warranty, or failure to fulfill any agreement covenant, agreement, or covenant obligation hereunder (other than those relating to the representations and warranties set forth in Article II, III and IV) on the part of any party hereto, including, without limitation, including 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 1 contract

Samples: Asset Purchase Agreement (Truli Technologies, Inc.)

Other Rights and Remedies Not Affected. The indemnification rights of the parties under this Article IX ARTICLE 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 (other than those relating to the representations and warranties set forth contained in Article II, III and IV) this Agreement on the part party of any party hereto, including, without 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 1 contract

Samples: Stock Purchase Agreement (Diplomat Pharmacy, Inc.)

Other Rights and Remedies Not Affected. The indemnification rights of the parties under this Article IX 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 failure to fulfill any agreement or covenant hereunder (other than those relating to the representations representations, warranties and warranties covenants set forth in Article II, III and IV) 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

Samples: Asset Purchase Agreement (Next Inc/Tn)

Other Rights and Remedies Not Affected. The indemnification rights of the parties under this Article IX 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 (other than those relating to the representations and warranties set forth in Article II, III and IV) on the part of any party hereto, including, without limitation, the right to seek specific performance, rescission or restitutionany remedy other than monetary damages, none of which rights or remedies shall be affected or diminished hereby.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Myturn Com Inc)

Other Rights and Remedies Not Affected. The indemnification rights of the parties under this Article IX VIII 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 intentional or knowing misrepresentation, breach of warranty or failure to fulfill any agreement or covenant hereunder (other than those relating to the representations and warranties set forth in Article II, III and IV) on the part of any party hereto, including, without limitation, including the right to seek specific performance, rescission or restitution, none of which rights or remedies shall be affected or diminished herebythereby.

Appears in 1 contract

Samples: Stock Purchase Agreement (Radio One Inc)

Other Rights and Remedies Not Affected. The indemnification rights of the parties under this Article ARTICLE 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 (other than those relating to the representations and warranties set forth in Article II, III and IV) on the part of any party hereto, including, without limitation, including 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: Share Purchase Agreement (Universal Gold Mining Corp.)

Other Rights and Remedies Not Affected. The indemnification rights of the parties under this Article IX 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 (other than those relating to the representations and warranties set forth in Article II, III and IV) on the part of any party hereto, including, 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: Merger Agreement (Middle Bay Oil Co Inc)

Other Rights and Remedies Not Affected. The indemnification rights of the parties under this Article ARTICLE IX 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 (other than those relating to the representations and warranties set forth in Article II, III and IV) on the part of any party hereto, including, 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 (Star Services Group Inc)

Other Rights and Remedies Not Affected. The indemnification rights of the parties under this Article IX ARTICLE 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 (other than those relating to the representations and warranties set forth in Article II, III and IV) on the part of any party hereto, including, without limitation, including the right to seek specific performance, rescission or restitution, none of which rights or remedies shall be affected or diminished hereby.. ARTICLE IX

Appears in 1 contract

Samples: Asset Purchase Agreement (Nauticus Robotics, Inc.)

Other Rights and Remedies Not Affected. The indemnification rights of the parties Parties under this Article 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 (other than those relating to the representations and warranties set forth in Article II, III and IV) on the part of any party Party hereto, including, without limitation, including 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: Stock Purchase Agreement (China Tel Group Inc)

Other Rights and Remedies Not Affected. The indemnification rights of the parties under this Article IX 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 otherwise, for any (a) fraud, willful misrepresentation, willful breach of warranty or willful failure to fulfill any agreement or covenant hereunder covenant, or (other than those relating to the representations and warranties set forth in Article IIb) specific performance or injunctive relief, III and IV) on the part of any party hereto, including, without limitation, the right to seek specific performance, rescission or restitution, none all of which rights or and remedies may be asserted at any time, except that Buyer shall not be affected or diminished herebyentitled to the remedy of rescission.

Appears in 1 contract

Samples: Stock Purchase Agreement (Tucows Inc /Pa/)

Other Rights and Remedies Not Affected. The indemnification rights of the parties under this Article IX 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 (other than those relating to the representations and warranties set forth in Article II, III and IV) 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

Samples: Agreement and Plan of Exchange (Harbour Capital Corp)

Other Rights and Remedies Not Affected. The indemnification rights of the parties under this Article IX 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 (other than those relating to the representations and warranties set forth in Article II, III and IV) 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

Samples: Asset Purchase Agreement (Stater Bros Holdings Inc)

Other Rights and Remedies Not Affected. The indemnification rights of the parties under this Article 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 fraud, misrepresentation, breach of warranty or failure to fulfill any agreement or covenant hereunder (other than those relating to the representations and warranties set forth in Article II, III and IV) on the part of any party hereto, including, without limitation, including 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: Stock Purchase Agreement (Edgar Express, Inc.)

Other Rights and Remedies Not Affected. The indemnification rights of the parties under this Article IX ARTICLE 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 (other than those relating to the representations and warranties set forth in Article II, III and IV) on the part of any party hereto, including, including without limitation, limitation the right to seek specific performance, rescission or restitution, none of which rights or remedies shall be affected or diminished herebyby this Article, but which may be affected by other provisions of this Agreement.

Appears in 1 contract

Samples: Asset Purchase Agreement (Star Services Group Inc)