Survival of Claims. Notwithstanding anything to the contrary, if, prior to the expiration of a particular representation or warranty, an Acquirer Indemnified Person makes a claim for indemnification under either this Agreement or the Escrow Agreement with respect to a misrepresentation or breach of such representation or warranty, then such Indemnified Person's rights to indemnification under this Section 10.2 for such claim shall survive any expiration of such representation or warranty.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Neoforma Com Inc), Agreement and Plan of Merger (Neoforma Com Inc)
Survival of Claims. Notwithstanding anything to the contrary, if, prior to the expiration of a particular representation or warranty, an Acquirer Indemnified Person makes a claim for indemnification under either this Agreement or the Escrow Agreement with respect to a misrepresentation or breach of such representation or warranty, then such the Indemnified Person's rights to indemnification under this Section 10.2 for such claim shall survive any expiration of such representation or warranty.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (CRL Network Services Inc)
Survival of Claims. Notwithstanding anything to the contrary, if, prior to the expiration of a particular representation or warranty, an Acquirer Indemnified Person makes a claim for indemnification under either this Agreement or the Escrow Agreement with respect to a misrepresentation or breach of such representation or warranty, then such the Indemnified Person's rights to indemnification under this Section 10.2 for such claim shall survive any expiration of such representation or warranty; provided such Indemnified Person diligently pursues resolution of such claims.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Macromedia Inc)
Survival of Claims. Notwithstanding anything to the contrary, if, prior to the expiration of a particular representation or warrantythe Escrow Period, an Acquirer Indemnified Person makes a claim for indemnification under either this Agreement or the Escrow Agreement with respect to a misrepresentation or breach Breach of such representation or warrantywarranty or other indemnifiable claim, then such Indemnified the Identifiable Person's rights to indemnification under this Section 10.2 Article 11.7 for such claim shall survive any the expiration of such representation or warrantythe Escrow Period.
Appears in 1 contract
Survival of Claims. Notwithstanding anything to the contrary, ------------------ if, prior to the expiration of a particular representation representation, warranty or warrantyobligation, an Acquirer Indemnified Person makes a claim for indemnification under either this Agreement or the Escrow Agreement with respect to a misrepresentation or breach of such representation or warranty, then such the Indemnified Person's rights to indemnification under this Section 10.2 6.2 for such claim shall survive any expiration of such representation representation, warranty or warrantyobligation.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Verisign Inc/Ca)
Survival of Claims. Notwithstanding anything to the contrary, if, prior to the expiration of a particular representation or warranty, an Acquirer Indemnified Person makes a claim for indemnification under either this Agreement or the Escrow Agreement with respect to a misrepresentation or breach of such representation or warranty, then such the Indemnified Person's rights to indemnification under this Section 10.2 for such claim shall survive any expiration of such representation or warranty.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Prism Solutions Inc)
Survival of Claims. Notwithstanding anything to the contrary, if, prior to the expiration of a particular representation or warrantythe Escrow Period, an Acquirer Indemnified Person makes a claim for indemnification under either this Agreement or the Escrow Agreement with respect to a misrepresentation or breach of such representation representation, warranty or warrantycovenant, then such the Indemnified Person's rights to indemnification under this Section 10.2 Article 12 for such claim shall survive any the expiration of such representation or warrantythe Escrow Period.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Broadbase Software Inc)
Survival of Claims. Notwithstanding anything to the ------------------ contrary, if, prior to the expiration of a particular representation or warranty, an Acquirer Indemnified Person makes a claim for indemnification under either this Agreement or the Escrow Agreement with respect to a misrepresentation or breach of such representation or warranty, then such the Indemnified Person's rights to indemnification under this Section 10.2 for such claim shall survive any expiration of such representation or warranty.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Exodus Communications Inc)