Common use of Survival Severability Clause in Contracts

Survival Severability. The representations, warranties, covenants and agreements of the parties hereto shall survive each Closing hereunder. The indemnity and contribution agreements contained in Sections 11.3 and 11.4 hereof shall remain operative and in full force and effect regardless of (i) any termination of this Agreement or of the Commitment Period, (ii) any investigation made by or on behalf of any indemnified party or by or on behalf of the Company, and (iii) the consummation of the sale or successive resales of the Common Stock. In the event that any provision of this Agreement becomes or is declared by a court of competent jurisdiction to be illegal, unenforceable or void, this Agreement shall continue in full force and effect without said provision; provided that such severability shall be ineffective if it materially changes the economic benefit of this Agreement to any party.

Survival Severability. The All representations, warranties, covenants covenants, acknowledgments and agreements of the parties hereto contained herein shall survive each Closing hereunder. The indemnity (a) changes in the transactions, documents and contribution agreements contained instruments described in Sections 11.3 and 11.4 hereof shall remain operative and in full force and effect regardless of the Offering Materials, (ib) any termination the acceptance of this Agreement or and the Closing and the delivery of the Commitment PeriodSecurities, (ii) any investigation made by or on behalf of any indemnified party or by or on behalf of the CompanyConversion Shares, and the Warrant Shares, and (iiic) with respect to any Purchaser, the consummation death, disability, incompetency, termination, bankruptcy, insolvency or dissolution of the sale or successive resales of the Common Stocksuch Purchaser. In the event that any provision of this Agreement becomes or is declared by a court of competent jurisdiction to be illegal, unenforceable or void, this Agreement shall continue in full force and effect without said provision; provided that such severability shall be ineffective if it materially changes the economic benefit of this Agreement to any party.

Survival Severability. The All representations, warranties, covenants covenants, acknowledgments and agreements of the parties hereto contained herein shall survive each Closing hereunder. The indemnity and contribution agreements contained in Sections 11.3 and 11.4 hereof shall remain operative and in full force and effect regardless of (ia) any termination the acceptance of this Agreement or and the Closing and the delivery of the Commitment PeriodSecurities, (ii) any investigation made by or on behalf of any indemnified party or by or on behalf of the CompanyConversion Shares, and the Warrant Shares, and (iiib) with respect to any Purchaser, the consummation death, disability, incompetency, termination, bankruptcy, insolvency or dissolution of the sale or successive resales of the Common Stocksuch Purchaser. In the event that any provision of this Agreement becomes or is declared by a court of competent jurisdiction to be illegal, unenforceable or void, this Agreement shall continue in full force and effect without said provision; provided that such severability shall be ineffective if it materially changes the economic benefit of this Agreement to any party.

Survival Severability. The representations, warranties, covenants and agreements of the parties hereto shall survive each Closing hereunder. The indemnity and contribution agreements contained in Sections 11.2 and 11.3 and 11.4 hereof shall remain operative and in full force and effect regardless of (i) any termination of this Agreement or of the Commitment Period, (ii) any investigation made by or on behalf of any indemnified party or by or on behalf of the Company, and (iii) the consummation of the sale or successive resales of the Common Stock. In the event that any provision of this Agreement becomes or is declared by a court of competent jurisdiction to be illegal, unenforceable or void, this Agreement shall continue in full force and effect without said provision; provided that such severability shall be ineffective if it materially changes the economic benefit of this Agreement to any party.

Survival Severability. (a) The representations, warranties, covenants and agreements of the parties hereto shall survive each Closing hereunder. The indemnity and contribution agreements contained in Sections 11.3 and 11.4 hereof shall survive and remain operative and in full force and effect regardless of (i) any termination of this Agreement or of the Commitment Period, (ii) any investigation made by or on behalf of any indemnified party or by or on behalf of the Company, and (iii) the consummation of the sale or successive resales of the Common Stock. In the event that any provision of this Agreement becomes or is declared by a court of competent jurisdiction to be illegal, unenforceable or void, this Agreement shall continue in full force and effect without said provision; provided that PROVIDED THAT such severability shall be ineffective if it materially changes the economic benefit of this Agreement to any party.

Survival Severability. The representations, warranties, covenants and agreements of the parties hereto shall survive each Closing hereunder. The indemnity and contribution agreements contained in Sections 11.3 10.4 and 11.4 10.5 hereof shall survive and remain operative and in full force and effect regardless of (i) any termination of this Agreement or of the Commitment Period, (ii) any investigation made by or on behalf of any indemnified party or by or on behalf of the Company, and (iii) the consummation of the sale or successive resales of the Common Stock. In the event that any provision of this Agreement becomes or is declared by a court of competent jurisdiction to be illegal, unenforceable or void, this Agreement shall continue in full force and effect without said provision; provided that such severability shall be ineffective if it materially changes the economic benefit of this Agreement to any party.. (The rest of this page has been intentionally left blank)

Survival Severability. The representations, warranties, covenants and agreements of the parties hereto shall survive each Closing hereunder. The indemnity and contribution agreements contained in Sections 11.3 herein shall survive and 11.4 hereof shall remain operative and in full force and effect regardless of (i) any termination of this Agreement or of the Commitment Period, (ii) any investigation made by or on behalf of any indemnified party or by or on behalf of the Company, and (iii) the consummation of the sale or successive resales of the Common Stock. In the event that any provision of this Agreement becomes or is declared by a court of competent jurisdiction to be illegal, unenforceable or void, this Agreement shall continue in full force and effect without said provision; provided that such severability shall be ineffective if it materially changes the economic benefit of this Agreement to any party.

Survival Severability. The representations, warranties, covenants and agreements of the parties hereto shall survive each Closing hereunder. The indemnity and contribution agreements contained in Sections 11.3 9.2 and 11.4 9.3 hereof shall remain operative and in full force and effect regardless of (i) any termination of this Agreement or of the Commitment Period, (ii) any investigation made by or on behalf of any indemnified party or by or on behalf of the Company, and (iii) the consummation of the sale or successive resales of the Common Stock. In the event that any provision of this Agreement becomes or is declared by a court of competent jurisdiction to be illegal, unenforceable or void, this Agreement shall continue in full force and effect without said provision; provided that such severability shall be ineffective if it materially changes the economic benefit of this Agreement to any party.

Survival Severability. The representations, warranties, covenants and agreements of the parties hereto shall survive each Closing hereunder. The indemnity and contribution agreements contained in Sections 11.3 and 11.4 hereof shall survive and remain operative and in full force and effect regardless of (i) any termination of this Agreement or of the Commitment Period, (ii) any investigation made by or on behalf of any indemnified party or by or on behalf of the Company, and (iii) the consummation of the sale or successive resales of the Common Stock. In the event that any provision of this Agreement becomes or is declared by a court of competent jurisdiction to be illegal, unenforceable or void, this Agreement shall continue in full force and effect without said provision; provided that such severability shall be ineffective if it materially changes the economic benefit of this Agreement to any party.

Survival Severability. (a) The representations, warranties, covenants and agreements of the parties hereto shall survive each Closing hereunder. The indemnity and contribution agreements contained in Sections 11.3 and 11.4 hereof shall survive and remain operative and in full force and effect regardless of (i) any termination of this Agreement or of the Commitment Period, (ii) any investigation made by or on behalf of any indemnified party or by or on behalf of the Company, and (iii) the consummation of the sale or successive resales of the Common Stock. In the event that any provision of this Agreement becomes or is declared by a court of competent jurisdiction to be illegal, unenforceable or void, this Agreement shall continue in full force and effect without said provision; provided that such severability shall be ineffective if it materially changes the economic benefit of this Agreement to any party.

Survival Severability. The All representations, warranties, covenants covenants, acknowledgments and agreements of the parties hereto contained herein shall survive each Closing hereunder. The indemnity and contribution agreements contained in Sections 11.3 and 11.4 hereof shall remain operative and in full force and effect regardless of (ia) any termination he acceptance of this Agreement or and the Closing and the delivery of the Commitment PeriodSecurities, (ii) any investigation made by or on behalf of any indemnified party or by or on behalf of the CompanyConversion Shares, and the Warrant Shares, and (iiib) with respect to any Purchaser, the consummation death, disability, incompetency, termination, bankruptcy, insolvency or dissolution of the sale or successive resales of the Common Stocksuch Purchaser. In the event that any provision of this Agreement becomes or is declared by a court of competent jurisdiction to be illegal, unenforceable or void, this Agreement shall continue in full force and effect without said provision; provided that such severability shall be ineffective if it materially changes the economic benefit of this Agreement to any party.

Survival Severability. (a) The representations, warranties, covenants and agreements of the parties hereto shall survive be correct and true as of, and shall survive, each Closing hereunder. The indemnity representations, warranties, covenants and contribution agreements contained shall survive until such time as the Registered Securities have been disposed of in Sections 11.3 and 11.4 hereof shall remain operative and accordance with the intended methods of disposition by the Investors or sellers thereof as set forth in full force and effect regardless of the Registration Statement. (ib) any termination of this Agreement or of the Commitment Period, (ii) any investigation made by or on behalf of any indemnified party or by or on behalf of the Company, and (iii) the consummation of the sale or successive resales of the Common Stock. In the event that any provision of this Agreement becomes or is declared by a court of competent jurisdiction to be illegal, unenforceable or void, this Agreement shall continue in full force and effect without said provision; provided that such severability shall be ineffective if it materially changes the economic benefit of this Agreement to any party.

Survival Severability. The All representations, warranties, covenants covenants, acknowledgments and agreements of the parties hereto contained herein shall survive each Closing hereunder. The indemnity (a) changes in the transactions, documents and contribution agreements contained instruments described in Sections 11.3 and 11.4 hereof shall remain operative and in full force and effect regardless of the Offering Materials, (ib) any termination the acceptance of this Agreement or and the Closing and the delivery of the Commitment Period, (ii) any investigation made by or on behalf of any indemnified party or by or on behalf of Securities and the CompanyConversion Shares, and (iiic) the consummation death, disability, incompetency, termination, bankruptcy, insolvency or dissolution of the sale or successive resales of the Common StockPurchaser. In the event that any provision of this Agreement becomes or is declared by a court of competent jurisdiction to be illegal, unenforceable or void, this Agreement shall continue in full force and effect without said provision; provided that such severability shall be ineffective if it materially changes the economic benefit of this Agreement to any party.

Survival Severability. The representations, warranties, covenants and agreements of the parties hereto shall survive each Closing hereunder. The indemnity and contribution agreements contained in Sections 11.2 and 11.3 and 11.4 hereof shall remain operative and in full force and effect regardless of (i) any termination of this Agreement or of the Commitment PeriodAgreement, (ii) any investigation made by or on behalf of any indemnified party or by or on behalf of the Company, and (iii) the consummation of the sale or successive resales of the Common Stock. In the event that any provision of this Agreement becomes or is declared by a court of competent jurisdiction to be illegal, unenforceable or void, this Agreement shall continue in full force and effect without said provision; provided that such severability shall be ineffective if it materially changes the economic benefit of this Agreement to any party.

Survival Severability. The All representations, warranties, covenants covenants, acknowledgments and agreements of the parties hereto contained herein shall survive each Closing hereunder. The indemnity (a) changes in the transactions, documents and contribution agreements contained instruments described in Sections 11.3 and 11.4 hereof shall remain operative and in full force and effect regardless of the Offering Materials, (ib) any termination the acceptance of this Agreement or and the Closings and the delivery of the Commitment Period, (ii) any investigation made by or on behalf of any indemnified party or by or on behalf of the CompanySecurities, and (iiic) with respect to any Purchaser, the consummation death, disability, incompetency, termination, bankruptcy, insolvency or dissolution of the sale or successive resales of the Common Stocksuch Purchaser. In the event that any provision of this Agreement becomes or is declared by a court of competent jurisdiction to be illegal, unenforceable or void, this Agreement shall continue in full force and effect without said provision; provided that such severability shall be ineffective if it materially changes the economic benefit of this Agreement to any party.

Survival Severability. The representations, warranties, covenants and agreements of the parties hereto shall survive each Closing hereunder. The indemnity and contribution agreements contained in Sections 11.3 herein shall survive and 11.4 hereof shall remain operative and in full force and effect regardless of (i) any termination of this Agreement or of the Commitment Period, (ii) any investigation made by or on behalf of any indemnified party or by or on behalf of the Company, and (iii) the consummation of the sale or successive resales of the Common Stock. In the event that any provision of this Agreement becomes or is declared by a court of competent jurisdiction to be illegal, unenforceable or void, this Agreement shall continue in full force and effect without said provision; provided that such severability shall be ineffective if it materially changes the economic benefit of this Agreement to any party.. * * * * *

Survival Severability. The representations, warranties, covenants and agreements of the parties hereto shall survive each Closing hereunder. The indemnity and contribution agreements contained in Sections 11.3 and 11.4 Section 8.3 hereof shall remain operative and in full force and effect regardless of (i) any termination of this Agreement or of the Commitment Period, (ii) any investigation made by or on behalf of any indemnified party or by or on behalf of the Company, and (iii) the consummation of the sale or successive resales of the Common Stock. In the event that any provision of this Agreement becomes or is declared by a court of competent jurisdiction to be illegal, unenforceable or void, this Agreement shall continue in full force and effect without said provision; provided that such severability shall be ineffective if it materially changes the economic benefit of this Agreement to any party.

Survival Severability. The All representations, warranties, covenants covenants, acknowledgments and agreements of the parties hereto contained herein shall survive each Closing hereunder. The indemnity (a) changes in the transactions, documents and contribution agreements contained instruments described in Sections 11.3 and 11.4 hereof shall remain operative and in full force and effect regardless of the Offering Materials, (ib) any termination the acceptance of this Agreement or and the Closing and the delivery of the Commitment Period, (ii) any investigation made by or on behalf of any indemnified party or by or on behalf of Securities and the CompanyConversion Shares, and (iiic) with respect to any Purchaser, the consummation death, disability, incompetency, termination, bankruptcy, insolvency or dissolution of the sale or successive resales of the Common Stocksuch Purchaser. In the event that any provision of this Agreement becomes or is declared by a court of competent jurisdiction to be illegal, unenforceable or void, this Agreement shall continue in full force and effect without said provision; provided that such severability shall be ineffective if it materially changes the economic benefit of this Agreement to any party.