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 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 1 contract

Samples: Acquisition Agreement (Quadramed Corp)

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Other Rights and Remedies Not Affected. The indemnification rights of the parties under this Article VII 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 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 VII 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 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 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, 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 Agreement (P&f Industries Inc)

Other Rights and Remedies Not Affected. The indemnification rights of the parties under this Article VII 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 warranty, or failure to fulfill any agreement or covenant hereunder contained in 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 VII 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(d), breach of warranty warranty, or failure to fulfill any agreement covenant, agreement, or covenant obligation hereunder 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 VII 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, 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: Purchase Agreement (Extech Corp)

Other Rights and Remedies Not Affected. The indemnification rights of the parties under this Article VII 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 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)

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Other Rights and Remedies Not Affected. The indemnification rights of the parties under this Article VII 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 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 VII 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 on the part of covenant, or (b) specific performance or injunctive relief, 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 VII 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, warranties and 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 VII 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, including, without limitation, including 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

Samples: Merger Agreement (Daleco Resources Corp)

Other Rights and Remedies Not Affected. The indemnification rights of the parties under this Article VII 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)

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