Other Rights and Remedies Not Affected. The indemnification rights of the parties 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 (a) fraud or willful misrepresentation on the part of Seller, the Company or their respective Representatives, or Buyer or its Representatives, as applicable, or (b) failure to fulfill any agreement or covenant hereunder including 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 (Blue Earth Solutions, Inc.), Stock Purchase Agreement (Pemco Aviation Group Inc), Stock Purchase Agreement (Datameg Corp)
Other Rights and Remedies Not Affected. The indemnification rights of the parties 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 (a) fraud or willful misrepresentation on the part any misrepresentation, breach of Seller, the Company or their respective Representativeswarranty, 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 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 (Crown Northcorp Inc), Stock Purchase Agreement (Harbert Equity Fund I LLC)
Other Rights and Remedies Not Affected. The indemnification rights of the parties hereunder under this Agreement 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 (a) fraud any misrepresentation, breach of warranty or willful misrepresentation on the part of Seller, 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 3 contracts
Samples: Asset Purchase Agreement (Mobley Environmental Services Inc), Asset Purchase Agreement (Key Energy Group Inc), Asset Purchase Agreement (Dawson Production Services Inc)
Other Rights and Remedies Not Affected. The indemnification rights of the parties hereunder under this section 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 (a) fraud or willful misrepresentation on the part any misrepresentation, breach of Seller, the Company or their respective Representativeswarranty, or Buyer or its Representatives, as applicable, or (b) failure to fulfill any agreement or covenant hereunder including on the part of any party 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: Subscription Agreement (Starwood Hotel & Resorts Worldwide Inc), Subscription Agreement (Eaturna LLC), Subscription Agreement (Grill Concepts Inc)
Other Rights and Remedies Not Affected. The indemnification rights of the parties hereunder under this article 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 (a) fraud or willful misrepresentation on the part any misrepresentation, breach of Seller, the Company or their respective Representativeswarranty, or Buyer or its Representatives, as applicable, or (b) failure to fulfill any agreement agreement, covenant, or covenant hereunder 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 hereunder Parties under this Clause 9 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 (a) fraud any intentional or willful misrepresentation on the part knowing misrepresentations, breach of Seller, the Company warranty 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, including 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 hereunder 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 (a) fraud any misrepresentation, breach of warranty or willful misrepresentation failure to fulfill any covenant, agreement or obligation hereunder on the part of Sellerany party hereto, the Company or their respective Representatives, or Buyer or its Representatives, as applicable, or (b) failure to fulfill any agreement or covenant hereunder 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: Asset Purchase and Fuel Supply Agreement (EzFill Holdings Inc)
Other Rights and Remedies Not Affected. The indemnification rights of the parties hereunder under this Article are independent of and an in addition to such rights and remedies as the parties may have at Law law or in equity or otherwise for (a) fraud any misrepresentation, breach of warranty or willful misrepresentation on the part of Seller, the Company or their respective Representatives, or Buyer or its Representatives, as applicable, or (b) failure to fulfill any agreement or covenant hereunder 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)