Common use of Effect of Termination and Abandonment Clause in Contracts

Effect of Termination and Abandonment. In the event of termination of this Agreement pursuant to this Article VI hereof, no party hereto or, its directors or officers or other controlling persons shall have any liability or further obligation to any other party hereto pursuant to this Agreement, except that Article VIII hereof shall survive termination of this Agreement and nothing herein will relieve any party hereto from liability for any breach of this Agreement occurring prior to such termination.

Effect of Termination and Abandonment. In the event of termination of this Agreement pursuant to this Article VI hereof, no party hereto or, its directors or officers or other controlling persons shall have any liability or further obligation to any other party hereto pursuant to this Agreement, except that Article VIII VII hereof shall survive termination of this Agreement and nothing herein will relieve any party hereto from liability for any breach of this Agreement occurring prior to such termination.

Effect of Termination and Abandonment. In the event of termination of this Agreement pursuant to this Article VI hereof, no party hereto Party or, its directors or officers or other controlling persons shall have any liability or further obligation to any other party Party hereto pursuant to this Agreement, except that Article VIII VII hereof shall survive termination of this Agreement and nothing herein will relieve any party hereto from liability for any breach of this Agreement occurring prior to such termination.

Effect of Termination and Abandonment. In the event of termination of If this Agreement pursuant to is terminated and the transactions contemplated hereby are abandoned as described in this Article VI hereofARTICLE VII, this Agreement shall become void, and of no party hereto orfurther force and effect; provided, its directors or officers or other controlling persons shall have any liability or further obligation to any other party hereto pursuant to that this Agreement, except that Article Section 7.3 and ARTICLE VIII hereof shall survive termination of such termination. Nothing in this Agreement and nothing herein will relieve ARTICLE VII shall be deemed to release any party hereto from any liability for any breach by such party of the terms and provisions of this Agreement occurring prior Agreement, or to such terminationimpair the right of any party to compel specific performance by another party of its obligations under this Agreement.

Effect of Termination and Abandonment. In the event of termination of this Agreement and abandonment of the Merger pursuant to this Article VI hereofIX, no party hereto or, (or any of its directors or officers or other controlling persons officers) shall have any liability or further obligation to any other party hereto pursuant to this Agreement, except as provided in Section 10.2 below and except that Article VIII hereof shall survive termination of this Agreement and nothing herein will relieve any party hereto from any liability or damages for any breach of this Agreement occurring prior to such terminationAgreement.

Effect of Termination and Abandonment. In the event of the termination of this Agreement pursuant to this Article VI hereofVIII, this Agreement shall become void and of no party hereto oreffect with no liability on the part of any Party (or of any of its Representatives); provided, its directors or officers or other controlling persons however, that (i) no such termination shall have relieve any Party from any liability or further obligation to for damages resulting from any other party hereto pursuant to willful and intentional breach of this Agreement, except that and (ii) this Article VIII hereof VIII, Sections shall survive termination of this Agreement and nothing herein will relieve any party hereto from liability for any breach of this Agreement occurring prior to such termination.

Effect of Termination and Abandonment. In the event of termination of this Agreement and the abandonment of the Merger pursuant to this Article VI hereofVI, this Agreement (other than as set forth in Section 7.1) shall become void and of no effect with no liability on the part of any party hereto (or of any of its directors, officers, employees, agents, legal and financial advisors or other representatives); PROVIDED, HOWEVER, except as otherwise provided herein, no party hereto or, its directors or officers or other controlling persons such termination shall have any liability or further obligation to any other party hereto pursuant to this Agreement, except that Article VIII hereof shall survive termination of this Agreement and nothing herein will relieve any party hereto of any liability or damages resulting from liability for any willful breach of this Agreement occurring prior to such terminationAgreement.

Effect of Termination and Abandonment. In the event of termination of this Agreement and abandonment of the Merger pursuant to this Article VI hereofIX, no party hereto or, (or any of its directors or officers or other controlling persons officers) shall have any liability or further obligation to any other party hereto pursuant to this Agreement, except as provided in Section 7.6 or Section 9.6, and except that Article VIII hereof shall survive termination of this Agreement and nothing herein will relieve any party hereto from liability for any breach of this Agreement occurring prior to such terminationAgreement.

Effect of Termination and Abandonment. In the event of termination of this Agreement pursuant to this Article VI hereofVI, this Agreement shall become void and of no party hereto oreffect with no liability to any Person on the part of any Party (or of any of its Representatives or Affiliates); provided, its directors or officers or other controlling persons however, that (a) no such termination shall have relieve any Party of any liability or further obligation damages to the other Party resulting from any other party hereto pursuant to Willful and Material Breach of this AgreementAgreement or from Fraud and (b) the provisions set forth in Section 4.6, except that this Section 6.2 and Article VIII hereof shall survive the termination of this Agreement and nothing herein will relieve any party hereto from liability for any breach of this Agreement occurring prior to such terminationAgreement.

Effect of Termination and Abandonment. In the event of termination of this Agreement pursuant to this Article VI hereofVII, no party hereto or, its directors or officers or other controlling persons to this Agreement shall have any liability or further obligation to any the other party hereto pursuant to this Agreement, hereunder except (a) as set forth in Section 8.1 and (b) that Article VIII hereof shall survive termination of this Agreement and nothing herein will not relieve any a breaching party hereto from liability for any knowing breach of this Agreement occurring prior to such terminationAgreement.

Effect of Termination and Abandonment. In the event of termination of this Agreement and abandonment of the Reorganization pursuant to this Article VI hereofIX, no party hereto or, (or any of its directors or officers or other controlling persons officers) shall have any liability or further obligation to any other party hereto pursuant to this Agreement, except as provided in Section 6.05(g), and except that Article VIII hereof shall survive termination of this Agreement and nothing herein will shall relieve any party hereto from liability for any breach of this Agreement occurring prior to such terminationAgreement.

Effect of Termination and Abandonment. In the event of termination of this Agreement and abandonment of the Merger pursuant to this Article VI hereofVI, no party hereto or, thereto (or any of its directors or officers or other controlling persons officers) shall have any liability or further obligation to any other party hereto pursuant to this Agreement, except that Article VIII hereof shall survive termination of this Agreement and nothing herein will relieve any party hereto from liability for any breach of this Agreement occurring prior to such termination.

Effect of Termination and Abandonment. In the event of termination of this Agreement and the abandonment of the Asset Purchase pursuant to this Article VI hereofVIII, no party hereto or, (or any of its directors or officers or other controlling persons officers) shall have any liability or further obligation to any other party hereto pursuant to this Agreement, except that Article VIII hereof shall survive termination of this Agreement and nothing herein will relieve any party hereto from liability for any material breach of this Agreement occurring prior to such terminationAgreement.

Effect of Termination and Abandonment. In the event of termination of this Agreement pursuant to this Article VI hereofIX, this Agreement shall become void and of no party hereto oreffect with no liability to any Person on the part of any Party (or any of its Representatives or Affiliates); provided, its directors or officers or other controlling persons however, that (i) no such termination shall have relieve any Party of any liability or further obligation damages to any other party hereto pursuant to this Agreement, except that Article VIII hereof shall survive termination Party resulting from any knowing and intentional breach of this Agreement and nothing herein will relieve any party hereto from liability for any breach (ii) the provisions set forth in this Section 9.5 and the second sentence of Section 10.1 shall survive the termination of this Agreement occurring prior to such terminationAgreement.

Effect of Termination and Abandonment. In the event of Upon termination of this ------------------------------------- Agreement and abandonment of the transactions contemplated hereby pursuant to this Article VI hereofVI, no party hereto or(or any of its directors, its directors managers or officers or other controlling persons officers) shall have any liability or further obligation to any other party hereto pursuant to this Agreement other than for breach of this Agreement, except that Article VIII hereof shall survive termination of this any Related Agreement or the Marketing Agreement and nothing herein will relieve any party hereto from liability for any breach of this Agreement occurring prior to such terminationthe other documents and agreements executed in connection with the transactions contemplated thereby.

Effect of Termination and Abandonment. In the event of termination of this Agreement and the abandonment of the Acquisition pursuant to this Article VI hereofVIII, no party hereto or, its directors or officers or other controlling persons to this Agreement shall have any liability or further obligation to any other party hereto pursuant to this Agreement, hereunder except (i) as set forth in Section 9.01 and (ii) that Article VIII hereof shall survive termination of this Agreement and nothing herein will not relieve any a breaching party hereto from liability for any willful breach of this Agreement occurring prior giving rise to such termination.

Effect of Termination and Abandonment. In the event of termination of this Agreement and the abandonment of the transactions contemplated by this Agreement pursuant to this Article VI hereofXI, no party hereto or, its directors or officers or other controlling persons to this Agreement shall have any liability or further obligation to any other party hereto pursuant to this Agreementhereunder except (a) as set forth in Section 7.11, except and (b) that Article VIII hereof shall survive termination of this Agreement and nothing herein will not relieve any a breaching party hereto from liability for any willful breach of this Agreement occurring prior giving rise to such termination.

Effect of Termination and Abandonment. In the event of the termination of this Agreement pursuant to this Article VI hereofVI, this Agreement shall become void and of no force or effect with no liability on the part of any party hereto or(or of any of its respective directors, its directors managers, officers, shareholders, members or officers or other controlling persons Affiliates); provided, however, that no such termination shall have any liability or further obligation to any other party hereto pursuant to this Agreement, except that Article VIII hereof shall survive termination of this Agreement and nothing herein will relieve any party hereto of any liability or damages resulting from liability for any breach Breach of this Agreement occurring prior to such termination; and provided further, that the provisions of Section 8.10(a) shall remain in full force and effect.

Effect of Termination and Abandonment. In the event of the termination of this Agreement pursuant to this Article VI hereofVIII, this Agreement shall become void and of no party hereto oreffect with no liability on the part of any Party (or of any of its Representatives); provided, its directors or officers or other controlling persons however, that (i) no such termination shall have relieve any Party from any liability or further obligation to for damages resulting from any other party hereto pursuant to willful and intentional breach of this Agreement, except that and (ii) this Article VIII hereof VIII, Sections 6.3 and 6.14, and Article IX shall survive termination of this Agreement and nothing herein will relieve any party hereto from liability for any breach of this Agreement occurring prior to such termination.

Effect of Termination and Abandonment. In the event of any proper termination of all or part of this Agreement and abandonment of any transactions contemplated by this Agreement pursuant to this Article VI hereofVII, no party Party hereto or, (or any of its directors or officers or other controlling persons officers) shall have any liability or further obligation to any other party hereto pursuant Party to this AgreementAgreement to the extent of such termination, except that Article VIII hereof shall survive termination of this Agreement and in such event nothing herein will shall relieve any party hereto Party from liability for any breach of this Agreement occurring prior to such termination.Agreement. ARTICLE VIII

Effect of Termination and Abandonment. In the event of termination of this Agreement pursuant to this Article VI hereof, no party hereto or, its directors or officers or other controlling persons shall have any liability or further obligation to any other party hereto pursuant to this Agreement, except that Article VIII hereof shall survive termination of this Agreement and nothing herein will relieve any party hereto from liability for any breach of this Agreement occurring prior to such termination.. ARTICLE VII RESERVED ARTICLE VIII

Effect of Termination and Abandonment. In the event of termination of this Agreement pursuant to this Article VI hereof, no party hereto Party or, its directors or officers or other controlling persons shall have any liability or further obligation to any other party hereto Party pursuant to this Agreement, except that Article VIII hereof shall survive termination of this Agreement and nothing herein will relieve any party hereto Party from liability for any breach of this Agreement occurring prior to such termination.

Effect of Termination and Abandonment. In the event of termination of this Agreement and the abandonment of the Transaction pursuant to this Article VI hereofVI, no party hereto or, its directors or officers or other controlling persons Party to this Agreement shall have any liability or further obligation to any other party hereto pursuant to this Agreement, Party hereunder except that Article VIII hereof shall survive termination the confidentiality provisions of Section 4.4 of this Agreement shall survive any such termination and nothing herein will relieve any party hereto abandonment unless such rightful termination results from liability for any a Party’s intentional or reckless misrepresentation or intentional or reckless breach of this Agreement occurring prior any covenant, representation or warranty contained herein. In such event, the terminating Party shall have all remedies available to such terminationit at law or in equity.

Effect of Termination and Abandonment. In the event of termination of this Agreement and the abandonment of the Transactions pursuant to this Article VI hereofIX, no party hereto orto this Agreement (nor any of their respective officers, its directors or officers or other controlling persons agents) shall have any liability or further obligation to any other party hereto pursuant to this Agreement, hereunder except that Article VIII hereof termination shall survive termination of this Agreement and nothing herein will not relieve any a party hereto from liability for any willful breach of this Agreement occurring prior to such terminationAgreement.

Effect of Termination and Abandonment. In the event of termination of If this Agreement is terminated pursuant to this Article VI hereofVIII, this Agreement shall become void and of no party hereto oreffect with no liability to any Person on the part of any Party (or of any of its Representatives or Affiliates), its directors or officers or other controlling persons except that (a) no such termination shall have relieve any Party of any liability or further obligation damages to the other Parties resulting from any other party hereto pursuant to this Agreement, except that Article VIII hereof shall survive termination willful material breach of this Agreement and nothing herein will relieve any party hereto from liability for any breach (b) the provisions set forth in this Section 8.02, in Article X and in the Confidentiality Agreement shall survive the termination of this Agreement occurring prior to such terminationAgreement.

Effect of Termination and Abandonment. In the event of termination of this Agreement and the abandonment of the Arrangement pursuant to this Article VI hereofVIII, this Agreement shall become void and of no effect with no liability to any Person on the part of any party hereto or(or of any of its Representatives or Affiliates); provided, its directors or officers or other controlling persons however, and notwithstanding anything in the foregoing to the contrary, that no such termination shall have any liability or further obligation to any other party hereto pursuant to this Agreement, except that Article VIII hereof shall survive termination of this Agreement and nothing herein will relieve any party hereto of any liability or damages to the other party hereto resulting from liability for any willful breach of this Agreement occurring prior to such terminationAgreement.

Effect of Termination and Abandonment. In the event of termination of this Agreement pursuant to this Article VI hereof, no party hereto or, its directors or officers or other controlling persons shall have any liability or further obligation to any other party hereto pursuant to this Agreement, except that Article VIII VII hereof shall survive termination of this Agreement and nothing herein will relieve any party hereto from liability for any breach of this Agreement occurring prior to such terminationtermination or of any existing obligations that were to be resolved by this Agreement.

Effect of Termination and Abandonment. In the event of termination of this Agreement pursuant to this Article VI hereof, no party hereto Party or, its directors or officers or other controlling persons shall have any liability or further obligation to any other party Party hereto pursuant to this Agreement, except that Article VIII hereof shall survive termination of this Agreement and nothing herein will relieve any party hereto from liability for any breach of this Agreement occurring prior to such termination.that

Effect of Termination and Abandonment. In the event of termination of this Agreement and the abandonment of the Merger pursuant to this Article VI hereofVIII, no party hereto or, its directors or officers or other controlling persons to this Agreement shall have any liability or further obligation to any other party hereto pursuant to this Agreement, hereunder except that Article VIII hereof shall survive termination of this Agreement and nothing herein will not relieve any a breaching party hereto from liability for any willful breach of this Agreement occurring prior giving rise to such termination.

Effect of Termination and Abandonment. In the event of termination of this Agreement pursuant to this Article VI hereofVI, no party hereto or, (or any of its directors or officers or other controlling persons officers) shall have any liability or further obligation to any other party hereto pursuant to this Agreement, except that Article VIII hereof shall survive termination of as expressly provided in this Agreement (including, but not limited to, Section 4.14) and except that nothing herein will relieve any party hereto from liability for any breach of this Agreement occurring prior to such terminationAgreement.

Effect of Termination and Abandonment. In the event of termination of this Agreement pursuant to this Article VI hereofARTICLE VI, this Agreement shall become void and of no party hereto oreffect with no liability to any Person on the part of any Party (or of any of its Representatives or Affiliates); provided, its directors or officers or other controlling persons however, that (a) no such termination shall have relieve any Party of any liability or further obligation damages to the other Party resulting from any other party hereto pursuant to this Agreement, except that Article VIII hereof shall survive termination of this Agreement willful and nothing herein will relieve any party hereto from liability for any material breach of this Agreement occurring prior to such terminationor from Fraud and (b) the provisions set forth in this Section 6.2, Section 4.12 and ARTICLE VII shall survive the termination of this Agreement.

Effect of Termination and Abandonment. In the event of termination of this Agreement pursuant to this Article VI hereofVI, this Agreement shall become void and of no party hereto or, its directors effect with no liability to any Person on the part of any Party or officers Hudbay (or other controlling persons of any of their respective Representatives or Affiliates); provided that (a) no such termination shall have relieve any Party of any liability or further obligation damages to the other Party or Hudbay resulting from any other party hereto pursuant to this Agreement, except that Article VIII hereof shall survive termination willful breach of this Agreement and nothing herein will relieve any party hereto from liability for any breach (b) the provisions set forth in this Section 6.02, Article VIII and the Confidentiality Agreement shall survive the termination of this Agreement occurring prior to such terminationAgreement.

Effect of Termination and Abandonment. In the event of termination of this Agreement and other transactions contemplated hereby pursuant to this Article VI hereofVIII, no party hereto or, (or any of its directors or officers or other controlling persons officers) shall have any liability or further obligation to any other party hereto pursuant to this Agreement, except as provided in Article IX and Section 10.2 hereof, and in the Stockholders' Agreement, and except that Article VIII hereof shall survive termination of this Agreement and nothing herein will relieve any party hereto from liability for any breach of this Agreement occurring prior to such termination.

Effect of Termination and Abandonment. In the event of termination of If this Agreement pursuant to is terminated and the transactions contemplated hereby are abandoned as described in this Article VI hereofARTICLE VII, this Agreement shall become void, and of no party hereto orfurther force and effect; provided, its directors or officers or other controlling persons shall have any liability or further obligation to any other party hereto pursuant to that this Agreement, except that Article Section 7.3 and ARTICLE VIII hereof shall survive termination of such termination. Nothing in this Agreement and nothing herein will relieve ARTICLE VII shall be deemed to release any party hereto from any liability for any breach by such party of the terms and provisions of this Agreement occurring prior to such terminationAgreement.