Common use of REMEDIES FOR DEFECTS Clause in Contracts

REMEDIES FOR DEFECTS. Subject to Seller’s continuing right to dispute the existence of a Defect or the Defect Amount asserted with respect thereto, if any Asserted Defect is not waived in writing by Buyer or cured by the Cure Period with respect to such Defect, Seller shall, at its sole option and subject to the Defect Deductible and the Defect Cap, elect to: (a) return to Buyer by wire transfer in immediately payable funds the amount determined pursuant to Section 7.6 as being the value of such Defect (the “Defect Amount”); or (b) indemnify Buyer against all Losses resulting from such Asserted Defect pursuant to an indemnity agreement (the “Indemnity Agreement”) in substantially the form attached hereto as Exhibit G. For avoidance of doubt, Seller may elect a different remedy permitted under this Section 7.3 with respect to each Defect.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Antero Resources LLC), Stock Purchase Agreement (Antero Resources Finance Corp)

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REMEDIES FOR DEFECTS. Subject to SellerParent’s continuing right to dispute the existence of a Defect or the Defect Amount asserted with respect thereto, if any Asserted Defect is not waived in writing by Buyer or cured by the Cure Period with respect to such Defect, Seller Parent shall, at its sole option and subject to the Defect Deductible and the Defect Cap, elect to: (a) return to Buyer by wire transfer in immediately payable funds the amount determined pursuant to Section 7.6 as being the value of such Defect (the “Defect Amount”); or (b) indemnify Buyer against all Losses resulting from such Asserted Defect pursuant to an indemnity agreement (the “Indemnity Agreement”) in substantially the form attached hereto as Exhibit G. For avoidance of doubt, Seller Parent may elect a different remedy permitted under this Section 7.3 with respect to each Defect.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Antero Resources LLC), Purchase and Sale Agreement (Antero Resources Finance Corp)

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