Several Liabilities. No Participant shall be liable under this Agreement for the obligations of any other Participant, and each Participant shall be solely responsible and liable for performance of its obligations under this Agreement, except as otherwise provided for herein, and the obligation of each Participant under this Agreement is a several obligation and not a joint obligation with those of the other Participants.
Several Liabilities. The liability of any Holder hereunder is several (and not joint). Notwithstanding any other provision of this Agreement, in no event will any Holder be liable for any other Holder’s breach of such other Holder’s obligations under this Agreement.
Several Liabilities. No Participant shall, in the first instance, be liable under this Agreement for the obligations of any other Participant or for the obligations of NCPA incurred on behalf of other Participants. Each Participant shall be solely responsible and liable for performance of its obligations under this Agreement, except as otherwise provided for herein. The obligation of each Participant under this Agreement is, in the first instance, a several obligation and not a joint obligation with those of the other Participants. Notwithstanding the foregoing, the Participants acknowledge that any debts or obligations incurred by NCPA under this Agreement on behalf of any of them shall be borne solely by such Participants, and not by non-Participant Members of NCPA, pursuant to Article IV, Section 3(b) of the Joint Powers Agreement.
Several Liabilities. The liabilities of the Investors under or in relation to a breach of any representation, warranty, undertaking or covenant made under this Agreement by any of them shall be several, independent and not joint. No Investor shall have any liability in respect of any breach of any Transaction Document by the other Investor.
Several Liabilities. The representations, warranties, covenants and agreements of each Stockholder are made and given severally only, and not jointly and severally, and no Stockholder shall have any liability to Parent, Merger Sub, the Company or any other person for any breach of this Agreement by any other Stockholder party hereto.
Several Liabilities. No Participant shall, in the first instance, be liable under this Agreement for the obligations of any other Participant or for the obligations of NCPA incurred on behalf of other Participants. Each Participant shall be solely responsible and liable for performance of its obligations under this Agreement, except as otherwise provided for herein. The obligation of each Participant under this Agreement is, in the first instance, a several obligation and not a joint obligation with those of the other Participants. Notwithstanding the foregoing, the Participants acknowledge that any debts or obligations incurred by NCPA under this Agreement on behalf of any of them shall be borne solely by such Participants in proportion to their respective Project Participation Percentages, and not by non-Participant Members of NCPA, pursuant to Article IV, Section 3(b) of the Joint Powers Agreement. In the event that a Participant should fail to pay its share of the debts or obligations incurred by NCPA as required by this Agreement, the remaining Participants shall, in proportion to their Project Participation Percentages, pay such unpaid amounts and shall be reimbursed by the Participant failing to make such payments.
Several Liabilities. (A) All warranties, representations, indemnities, covenants, agreements and obligations given or entered into by the Company and the Founder Shareholder in this Agreement are given or entered into by them jointly and severally.
Several Liabilities. 3.1 The representations, warranties and undertakings given by the Vendors and the Warrantors in this Schedule and in this Agreement shall, as regards each Vendor and its respective Warrantor, relate to the particular Vendor or Warrantor and to the Sale Shares beneficially owned by them only. THE FOURTH SCHEDULE ABOVE REFERRED TO REPRESENTATIONS, WARRANTIES AND UNDERTAKINGS BY THE PURCHASER
Several Liabilities. All warranties, representations, indemnities, covenants, agreements and obligations in this Agreement given or entered into by more than one person are given or entered into severally unless a contrary indication is expressed.
Several Liabilities. Any reference to an obligation to be performed or warranty to be given or agreement made by the Transferor and/or Xx. Xxxxxx shall be deemed to be an obligation imposed on, a warranty given and an agreement made by each of the Transferor and/or Xx. Xxxxxx jointly and severally and the Transferee shall be at liberty to release, compound with or otherwise vary or agree to vary the liability of, or to grant time or other indulgence, or make other arrangements with each of the Transferor and/or Xx. Xxxxxx without the consent or notice to the others and without prejudicing, affecting the right, remedy and power of the Transferee against the other of them. The liabilities of Xx. Xxxxxx and Xx. Xxxxx under the Sale and Purchase Agreement are several and not joint with the other. Limitation of Liabilities The Transferor shall not be liable for any claim made by the Transferee under the Sale and Purchase Agreement, including claim that relates to a breach of any warranties therein or request for indemnification unless written notice containing reasonable details of the claim is served on the Transferor and the liability of the Transferor in connection with the warranties therein and the Sale and Purchase Agreement shall cease on the expiration of three months after the date of the completion of the Sale and Purchase Agreement. The Transferor’s and the Guarantors’ total aggregate liability in respect of any claim under the Sale and Purchase Agreement (and to the Sale and Purchase Agreement only) shall not exceed HK$82,616,623, and this shall not be in any event regarded as a limitation or restriction of the rights and remedies available to the Company under the Settlement Agreement and the Order and this shall neither operate as a waiver thereof, nor shall preclude any other or further exercise of the Company or the exercise of any other right(s) or prejudice or affect any right(s) against any of the Guarantors under the Settlement Agreement and the Order, including but not limited to the full recovery of the Judgment Debts.
