Common use of Survival; Indemnity Clause in Contracts

Survival; Indemnity. The above representations and warranties of Xxxx shall survive the Closing of the transactions contemplated by this Agreement. Xxxx hereby agrees to defend, indemnify and hold harmless the NYTEX Parties and their employees, agents, successors and assigns from and against any claim, damage, liability, loss, cost or expense (including reasonable attorney’s fees) arising directly or indirectly out of (i) any material inaccuracy or breach of any of Xxxx’x representations and warranties made in this Agreement, (ii) any material failure of Xxxx to perform its obligations as set forth in this Agreement, and (iii) any and all actions, suits, litigation, arbitration, proceedings, investigations, claims or liabilities of whatever nature arising out of the foregoing. The remedies set out above shall be cumulative and shall not preclude the assertion by any Party or any other rights or the seeking of any other remedies against other Parties.

Survival; Indemnity. The above representations and warranties of Xxxx Supreme Vacuum shall survive the Closing of the transactions contemplated by this Agreement. Xxxx Supreme Vacuum hereby agrees to defend, indemnify and hold harmless the NYTEX Parties and their employees, agents, successors and assigns from and against any claim, damage, liability, loss, cost or expense (including reasonable attorney’s fees) arising directly or indirectly out of (i) any material inaccuracy or breach of any of Xxxx’x Supreme Vacuum’s representations and warranties made in this Agreement, (ii) any material failure of Xxxx Supreme Vacuum to perform its obligations as set forth in this Agreement, and (iii) any and all actions, suits, litigation, arbitration, proceedings, investigations, claims or liabilities of whatever nature arising out of the foregoing. The remedies set out above shall be cumulative and shall not preclude the assertion by any Party or any other rights or the seeking of any other remedies against other Parties.

Survival; Indemnity. The above representations and warranties of Xxxx the NYTEX Parties shall survive the Closing of the transactions contemplated by this Agreement. Xxxx The NYTEX Parties each hereby agrees agree to defend, indemnify and hold harmless the NYTEX Parties Purchasers and their employees, agents, successors and assigns from and against any claim, damage, liability, loss, cost or expense (including reasonable attorney’s fees) arising directly or indirectly out of (i) any material inaccuracy or breach of any of Xxxx’x the NYTEX Parties’ representations and warranties made in this Agreement, (ii) any material failure of Xxxx Sellers to perform its their obligations as set forth in this Agreement, and (iii) any and all actions, suits, litigation, arbitration, proceedings, investigations, claims or liabilities of whatever nature arising out of the foregoing. The remedies set out above shall be cumulative and shall not preclude the assertion by any Party or any other rights or the seeking of any other remedies against other Parties.

Survival; Indemnity. The above representations and warranties of Xxxx the Purchasers shall survive the Closing of the transactions contemplated by this Agreement. Xxxx The Purchasers each hereby agrees agree to defend, indemnify and hold harmless the NYTEX Parties and their employees, agents, successors and assigns from and against any claim, damage, liability, loss, cost or expense (including reasonable attorney’s fees) arising directly or indirectly out of (i) any material inaccuracy or breach of any of Xxxx’x the Purchasers’ representations and warranties made in this Agreement, (ii) any material failure of Xxxx Purchasers to perform its their obligations as set forth in this Agreement, and (iii) any and all actions, suits, litigation, arbitration, proceedings, investigations, claims or liabilities of whatever nature arising out of the foregoing. The remedies set out above shall be cumulative and shall not preclude the assertion by any Party or any other rights or the seeking of any other remedies against other Parties.

Survival; Indemnity. The above representations and warranties of Xxxx Xxxxxx shall survive the Closing of the transactions contemplated by this Agreement. Xxxx Xxxxxx hereby agrees to defend, indemnify and hold harmless the NYTEX Parties and their employees, agents, successors and assigns from and against any claim, damage, liability, loss, cost or expense (including reasonable attorney’s fees) arising directly or indirectly out of (i) any material inaccuracy or breach of any of Xxxx’x Xxxxxx’x representations and warranties made in this Agreement, (ii) any material failure of Xxxx Xxxxxx to perform its obligations as set forth in this Agreement, and (iii) any and all actions, suits, litigation, arbitration, proceedings, investigations, claims or liabilities of whatever nature arising out of the foregoing. The remedies set out above shall be cumulative and shall not preclude the assertion by any Party or any other rights or the seeking of any other remedies against other Parties.