Examples of Stockholder Indemnified Party in a sentence
Notwithstanding anything to the contrary herein, except for claims in respect of the breach of any Parent Fundamental Representation or for claims in respect of fraud or intentional misrepresentation, the maximum liability of Parent for claims by claims for indemnification by any Company Stockholder Indemnified Party pursuant to Section 7.02(a) shall not exceed the Cap.
To the extent that a Company Stockholder Indemnified Party has recovered all or any portion of its Losses with respect to any matter arising under one provision of this Agreement, such Company Stockholder Indemnified Party shall not be entitled to recover such portion of such Losses pursuant to other provisions of this Agreement.
For purposes of this Article VIII, the term “Indemnified Party” means a Parent Indemnified Party or a Sole Stockholder Indemnified Party, as the case may be, and the term “Indemnifying Party” means the Company pursuant to Section 8.02 or Parent pursuant to Section 8.03, as the case may be.
For the avoidance of doubt and notwithstanding anything to the contrary herein, in no event shall any Stockholder be liable for indemnification to any Company Indemnified Party or any other Stockholder Indemnified Party hereunder for any other Stockholder’s acts or omissions as a result of the sale of such other Stockholder’s Shares.
Any claim for indemnification by a Stockholder Indemnified Party shall only be initiated and maintained through the Stockholders’ Representative.