Examples of Liability Termination Date in a sentence
Notwithstanding the foregoing, any claim for indemnification pursuant to Article IX for which notice is given prior to the Liability Termination Date shall survive until such claim is fully and finally resolved.
Notwithstanding the foregoing, any claim for indemnification pursuant to this Article VII for which an Indemnification Notice is delivered prior to the Liability Termination Date shall survive until such claim is fully and finally resolved.
The "Liability Termination Date" means the end of the third Lease Year, as such date may be extended pursuant to the provisions of Article 7 hereof.
Nothing herein contained shall be construed to give Guarantor any right of subrogation with respect to reimbursement in connection with payment made to or on behalf of Tenant to cure a Material Monetary Default under the Lease accruing prior to the Liability Termination Date until all amounts owing to Landlord in connection with a Material Monetary Default accruing prior to the Liability Termination Date have been paid in full.
Tenant acknowledges that, in the event Landlord chooses to use an assignment agreement, all Rent due under the Lease shall be abated after the Accelerated Liability Termination Date.
Within one (1) business day after the Excluded Liability Termination Date (as defined in Section 6 hereof), the Escrow Agent shall distribute to Comarco the cash held in the Excluded Liability Escrow Fund, including any interest earned thereon, not otherwise distributed to the Purchaser pursuant to Section 2 or to Comarco pursuant to Section 8.11.
If the Liability Termination Date has occurred, then Guarantor's liability hereunder shall terminate with respect to any Material Monetary Default that occurs after such date and any obligation(s) arising after such Liability Termination Date (other than Landlord's Legal Costs with respect to Guarantied Obligations that otherwise accrued before the Liability Termination Date) shall under no circumstance be deemed "Guarantied Obligation(s)" hereunder.
Buyer acknowledges and agrees that in the absence of fraud, intentional misrepresentation or willful misconduct, its sole remedy against the Seller for any matter arising out of the transactions contemplated by this Agreement is set forth in Section 9.1 hereto and that, except to the extent Buyer has asserted a claim for indemnification prior to the applicable Liability Termination Date, Buyer shall have no remedy against the Seller for any breach of any provision of this Agreement.
At Landlord's option, the Termination Document shall be either in the form of an agreement terminating the Lease as of the Accelerated Liability Termination Date or in the form of an assignment agreement assigning Tenant's interest in the Lease to an entity designated by Landlord as of the Accelerated Liability Termination Date.
In the event any such appraisal is finally determined and the amount thereof is paid by the Surviving Corporation prior to the Liability Termination Date, the Surviving Corporation, at its option, may elect to receive any payment to which it is entitled pursuant to the preceding sentence by way of a distribution from the Indemnification Escrow Account (to the extent of available funds therein).