Termination of Obligations and Waiver of Conditions; Payment of Expenses. Except as otherwise provided under Section 12.03, in the event this Agreement and the Exchange are terminated and abandoned pursuant to this Article 12 hereof, this Agreement shall become void and of no force and effect and there shall be no liability on the part of any of the parties hereto, or their respective directors, officers, shareholders or controlling persons to each other. Any the costs and expenses incident to its negotiation and preparation of this Agreement and any of the documents evidencing the transactions contemplated hereby, including fees, expenses and disbursements of counsel, shall be borne by the party incurring such costs and expenses.
Appears in 2 contracts
Samples: Share Exchange Agreement (Ecoark Holdings, Inc.), Share Exchange Agreement (Enviro Technologies U.S., Inc.)
Termination of Obligations and Waiver of Conditions; Payment of Expenses. Except as otherwise provided under Section 12.03, in In the event this Agreement and the Exchange acquisition are terminated and abandoned pursuant to this Article 12 hereof, this Agreement shall become void and of no force and effect and there shall be no liability on the part of any of the parties hereto, or their respective directors, officers, shareholders or controlling persons to each other. Any the costs and expenses incident to its negotiation and preparation of this Agreement and any of the documents evidencing the transactions contemplated hereby, including fees, expenses and disbursements of counsel, shall be borne by the party incurring such costs and expenses.
Appears in 2 contracts
Samples: Share Exchange Agreement (Ecoark Holdings, Inc.), Share Exchange Agreement (Fortium Holdings Corp.)