Common use of Procedure; Effect of Termination Clause in Contracts

Procedure; Effect of Termination. If this Agreement is validly terminated as provided in Section 9.1, written notice thereof shall forthwith be given by the terminating party to the other party, and this Agreement shall thereupon terminate and become void and of no further force and effect and there shall be no further liability or obligation on the part of either party hereto (or any of their respective representatives or affiliates) except the obligations under Sections 5.7 and 5.9 and this Section 9.2 will continue to apply following any such termination; provided that termination of this Agreement by Buyer or the Company pursuant to Section 9.1 shall not relieve the defaulting or breaching party (the "Breaching Party"), whether or not it is the terminating party, of liability for damages actually incurred by the other party as a result of breach of this Agreement by the Breaching Party.

Procedure; Effect of Termination. If this Agreement is validly terminated as provided in Section 9.1, written notice thereof shall forthwith be given by the terminating party to the other party, and this Agreement shall thereupon terminate and become void and of no further force and effect and there shall be no further liability or obligation on the part of either party hereto (or any of their respective representatives or affiliates) except for the obligations under Sections 5.5, 5.7 and 5.9 and this Section 9.2 will continue to apply following any such termination9.1; provided that termination of this Agreement by Buyer or the Company Shareholders pursuant to clause (ii) or (iii) of Section 9.1 9.1, respectively, shall not relieve the defaulting or breaching party (the "Breaching Party"), whether or not it is the terminating party, of liability for damages actually incurred by the other party as a result of breach of this Agreement by the Breaching Party.

Procedure; Effect of Termination. If this Agreement is validly terminated as provided in Section 9.110.1, written notice thereof shall forthwith be given by the terminating party to the other party, and this Agreement shall thereupon terminate and become void and of no further force and effect and there shall be no further liability or obligation on the part of either party hereto (or any of their respective representatives or affiliates) except for the obligations under Sections 5.7 6.5 and 5.9 and this Section 9.2 will continue to apply following any such termination6.7; provided that termination of this -------- Agreement by Buyer Buyer, the Company or the Company Stockholders pursuant to clause (ii) or (iii) of Section 9.1 10.1, respectively, shall not relieve the defaulting or breaching party (the "Breaching Party"), whether or not it is the terminating party, of liability for damages actually incurred by the other party as a result of breach of this Agreement by the Breaching Party.

Procedure; Effect of Termination. If this Agreement is validly terminated as provided in Section 9.1, written notice thereof shall forthwith be given by the terminating party to the other party, and 126 this Agreement shall thereupon terminate and become void and of no further force and effect and there shall be no further liability or obligation on the part of either party hereto (or any of their respective representatives or affiliates) except for the obligations under Sections 5.5, 5.7 and 5.9 and this Section 9.2 will continue to apply following any such termination9.1; provided that termination of this Agreement by Buyer or the Company pursuant to Section 9.1 -------- clause (ii) or (iii) of section 9.1, respectively, shall not relieve the defaulting or breaching party (the "Breaching Party"), whether or not it is the terminating party, of liability for damages actually incurred by the other party as a result of an intentional material breach of this Agreement by the Breaching Party.