Common use of Survival; Indemnity Clause in Contracts

Survival; Indemnity. The above representations and warranties of the Purchasers shall survive the Closing of the transactions contemplated by this Agreement. The Purchasers each hereby 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 the Purchasers’ representations and warranties made in this Agreement, (ii) any material failure of Purchasers to perform 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 the Purchasers NYTEX Parties shall survive the Closing of the transactions contemplated by this Agreement. The Purchasers NYTEX Parties each hereby 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 the PurchasersNYTEX Parties’ representations and warranties made in this Agreement, (ii) any material failure of Purchasers Sellers to perform 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 the Purchasers Xxxx shall survive the Closing of the transactions contemplated by this Agreement. The Purchasers each Xxxx hereby agree 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 the Purchasers’ Xxxx’x representations and warranties made in this Agreement, (ii) any material failure of Purchasers Xxxx to perform their 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 the Purchasers Supreme Vacuum shall survive the Closing of the transactions contemplated by this Agreement. The Purchasers each Supreme Vacuum hereby agree 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 the Purchasers’ Supreme Vacuum’s representations and warranties made in this Agreement, (ii) any material failure of Purchasers Supreme Vacuum to perform their 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 the Purchasers Xxxxxx shall survive the Closing of the transactions contemplated by this Agreement. The Purchasers each Xxxxxx hereby agree 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 the Purchasers’ Xxxxxx’x representations and warranties made in this Agreement, (ii) any material failure of Purchasers Xxxxxx to perform their 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.