Common use of Procedure for and Effect of Termination Clause in Contracts

Procedure for and Effect of Termination. (a) In the event of the termination of this Agreement by any of the parties in accordance with SECTION 9.1, written notice to the non-terminating party shall be given by the terminating party in accordance with SECTION 10.1. (b) In the event of the termination of this Agreement as provided in SECTION 9.1, this Agreement shall forthwith become void and there shall be no liability or obligation on the part of Buyer or Seller, or their respective officers, directors or stockholders, PROVIDED that each Party shall remain liable for any fraud, intentional misrepresentation or willful or intentional breach of this Agreement prior to its termination; and provided further, that the provisions of SECTIONS 6.6, 6.7, ARTICLE 10, this SECTION 9.2 and the applicable definitions in ARTICLE 1 shall remain in full force and effect and survive any termination of this Agreement.

Appears in 1 contract

Samples: Asset Purchase Agreement (Catapult Communications Corp)

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Procedure for and Effect of Termination. (a) In the event of the termination of this Agreement by any of the parties in accordance with SECTION Section 9.1, written notice to the non-terminating party shall be given by the terminating party in accordance with SECTION Section 10.1. (b) In the event of the termination of this Agreement as provided in SECTION Section 9.1, this Agreement shall forthwith become void and there shall be no liability or obligation on the part of Buyer or Seller, or their respective officers, directors or stockholders, PROVIDED provided that each Party shall remain liable for any fraud, intentional misrepresentation or willful or intentional breach of this Agreement prior to its termination; and provided further, that the provisions of SECTIONS Sections 6.6, 6.7, ARTICLE 10, this SECTION Section 9.2 and the applicable definitions in ARTICLE 1 shall remain in full force and effect and survive any termination of this Agreement.

Appears in 1 contract

Samples: Asset Purchase Agreement (Tekelec)

Procedure for and Effect of Termination. (a) In the event of the termination of this Agreement by any of the parties in accordance with SECTION 9.1Section 10.1, written notice to the non-terminating party shall be given by the terminating party in accordance with SECTION 10.1Section 11.1. (b) In the event of the termination of this Agreement as provided in SECTION 9.1Section 10.1, this Agreement shall forthwith become void and there shall be no liability or obligation on the part of Buyer or Seller, or their respective officers, directors or stockholders, PROVIDED provided that each Party shall remain liable for any fraud, intentional misrepresentation or willful or intentional breach of this Agreement prior to its termination; and provided further, that the provisions of SECTIONS 6.6Section 7.7, 6.7, ARTICLE 10Article 11, this SECTION 9.2 Section 10.2 and the applicable definitions in ARTICLE Article 1 shall remain in full force and effect and survive any termination of this Agreement.

Appears in 1 contract

Samples: Asset Purchase Agreement (Baltimore Technologies PLC)

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Procedure for and Effect of Termination. (a) In the event of the termination of this Agreement by any of the parties in accordance with SECTION Section 9.1, written notice to the non-terminating party shall be given by the terminating party in accordance with SECTION Section 10.1. (b) In the event of the termination of this Agreement as provided in SECTION Section 9.1, this Agreement shall forthwith become void and there shall be no liability or obligation on the part of Buyer or Seller, or their respective officers, directors or stockholders, PROVIDED provided that each Party shall remain liable for any fraud, intentional misrepresentation or willful or intentional breach of this Agreement prior to its termination; and provided further, that the provisions of SECTIONS 6.6, Section 6.7, ARTICLE Article 10, this SECTION Section 9.2 and the applicable definitions in ARTICLE Article 1 shall remain in full force and effect and survive any termination of this Agreement.

Appears in 1 contract

Samples: Asset Purchase Agreement (Baltimore Technologies PLC)

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