Other Rights and Remedies Not Affected. The indemnification rights of each Seller Indemnified Party under this Article VII are independent of and in addition to such rights and remedies as Fusion, Newco and the Seller Indemnified 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, including without limitation the right to seek specific performance, rescission or restitution, none of which rights or remedies shall be affected or diminished hereby.
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Samples: Asset Purchase Agreement (Fusion Telecommunications International Inc), Membership Interest Purchase and Sale Agreement (Fusion Telecommunications International Inc)
Other Rights and Remedies Not Affected. The indemnification rights of each Seller the Company Indemnified Party under this Article VII are independent of and in addition to such rights and remedies as FusionBuyer, Newco Buyer and the Seller Company Indemnified 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, 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 (iTalk Inc.), Asset Purchase Agreement (Voip Inc)
Other Rights and Remedies Not Affected. The indemnification rights of each Seller Indemnified the Indemnifying Party under this Article VII are independent of of, and in addition to to, such rights and remedies as Fusion, Newco and the Seller Indemnified Party may have at law or law, in equity or otherwise for any misrepresentation, breach of warranty or failure to fulfill any agreement Agreement or covenant hereunderunder this Agreement on the part of the Indemnified Party, 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 Agreement.
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Other Rights and Remedies Not Affected. The indemnification rights of each Seller the Company Indemnified Party under this Article VII are independent of and in addition to such rights and remedies as Fusion, Newco and the Seller Company Indemnified 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, 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 (Fusion Telecommunications International Inc)
Other Rights and Remedies Not Affected. The indemnification rights of each Seller Indemnified Party under this Article VII are independent of and in addition to such rights and remedies as Fusion, Newco and the Seller such Indemnified Party 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, 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 (Fusion Telecommunications International Inc)
Other Rights and Remedies Not Affected. The indemnification rights of each Seller Indemnified the Indemnifying Party under this Article VII VIII are independent of of, and in addition to to, such rights and remedies as Fusion, Newco and the Seller Indemnified Party may have at law or in equity or otherwise for any misrepresentation, breach of warranty or failure to fulfill any agreement Agreement or covenant hereunderunder this Agreement on the part of the Indemnified Party, 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 Agreement.
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