Effect on Obligations. Termination of this Agreement pursuant to this Article shall terminate all obligations of the parties hereunder; provided, however, that termination pursuant to paragraph (b) of Section 8.01 shall not relieve any party that breached its covenants or agreements contained herein or in any related agreement from any liability to the other party hereto by reason of such breach.
Appears in 4 contracts
Sources: Assignment and Assumption Agreement (Espeed Inc), Assignment and Assumption Agreement (Espeed Inc), Assignment and Assumption Agreement (Espeed Inc)
Effect on Obligations. Termination of this Agreement pursuant to this Article shall terminate all obligations of the parties hereunder; provided, however, that termination pursuant to paragraph (b) of Section 8.01 9.1 shall not relieve any party that breached its covenants or agreements contained herein or in any related agreement from any liability to the other party hereto by reason of such breach.
Appears in 3 contracts
Sources: Assignment and Assumption Agreement (Espeed Inc), Assignment and Assumption Agreement (Espeed Inc), Assignment and Assumption Agreement (Espeed Inc)
Effect on Obligations. Termination of this Agreement pursuant to this Article VIII shall terminate all obligations of the parties hereunder, except for the obligations under Sections 9.11, 9.12 and 9.13 and this Section 8.02; provided, however, that termination pursuant to paragraph nothing shall relieve the defaulting or breaching party (bwhether or not it is the terminating party) of Section 8.01 shall not relieve any party that breached its covenants or agreements contained herein or in any related agreement from any liability to the other party hereto by reason of such breachhereto.
Appears in 2 contracts
Sources: Purchase and Sale Agreement (Intellesale Com Inc), Purchase and Sale Agreement (Applied Cellular Technology Inc)
Effect on Obligations. Termination of this Agreement pursuant to this Article shall will terminate all obligations of the parties hereunder; , provided, however, that termination pursuant to paragraph clause (b) of Section 8.01 shall 11.1 hereof will not relieve any defaulting or breaching party that breached its covenants or agreements contained herein or in any related agreement from any liability to the other party hereto by reason hereto, and provided, further, that the provisions of such breachthis Section 11.2 and Article XII will survive termination of this Agreement.
Appears in 2 contracts
Sources: Asset Purchase Agreement (Aetrium Inc), Asset Purchase Agreement (Aetrium Inc)
Effect on Obligations. Termination of this Agreement pursuant to this Article 8 shall terminate all obligations of the parties hereunder; provided, however, that termination pursuant to paragraph clauses (bC) or (D) of Section 8.01 8.1 shall not relieve any breaching party that breached its covenants or agreements contained herein or in any related agreement from any liability to the other party hereto by reason of such breachparties hereto.
Appears in 2 contracts
Sources: Merger Agreement (Commodore Applied Technologies Inc), Merger Agreement (Commodore Applied Technologies Inc)
Effect on Obligations. Termination of this Agreement pursuant to this Article shall will terminate all obligations of the parties hereunder; , provided, however, that termination pursuant to paragraph clause (b) of Section 8.01 shall 12.1 hereof will not relieve any defaulting or breaching party that breached its covenants or agreements contained herein or in any related agreement from any liability to the other party hereto by reason hereto, and provided, further, that the provisions of such breachthis Section 12.2 and Article XIII will survive termination of this Agreement.
Appears in 2 contracts
Sources: Asset Purchase Agreement (Aetrium Inc), Asset Purchase Agreement (Aetrium Inc)
Effect on Obligations. Termination of this Agreement pursuant to this Article XI shall terminate all obligations of the parties hereunder, except for their obligations under Sections 12.10 and 12.12; provided, however, that termination pursuant to paragraph clause (b) of Section 8.01 11.01 shall not relieve any the defaulting or breaching party that breached its covenants or agreements contained herein or in any related agreement from any liability to the other party hereto by reason of such breachhereto.
Appears in 2 contracts
Sources: Contribution and Assumption Agreement (Spectrum Group International, Inc.), Contribution and Assumption Agreement (Spectrum Group International, Inc.)
Effect on Obligations. Termination of this Agreement pursuant to this Article shall terminate all obligations of the parties hereunder, except for the obligation under Sections 3.12 and 4.5; provided, however, that termination pursuant to paragraph (b) of Section 8.01 paragraphs 9.1c or d hereof shall not relieve any defaulting party that breached its covenants or agreements contained herein or in any related agreement from any liability to the other party hereto by reason of such breachparties hereto.
Appears in 2 contracts
Sources: Purchase and Sale Agreement (Berry Petroleum Co), Purchase and Sale Agreement (Berry Petroleum Co)
Effect on Obligations. Termination of this Agreement pursuant to this Article shall terminate all obligations of the parties hereunder; hereunder provided, however, that termination pursuant to paragraph clause (b) or of Section 8.01 9.01 shall not relieve any the defaulting or breaching party that breached its covenants or agreements contained herein or in any related agreement from any liability to the other party hereto by reason of such breachhereto.
Appears in 1 contract
Sources: Asset Purchase Agreement (Accom Inc)
Effect on Obligations. Termination of this Agreement pursuant to this Article Section 8.1 hereof shall terminate all obligations of the parties hereunder, except for their obligations under this Section, Article X and Article XI; provided, however, that termination unless this Agreement has been terminated pursuant to paragraph (bSection 8.1(a) hereof, termination of Section 8.01 this Agreement shall not relieve any a breaching party that breached its covenants (whether or agreements contained herein or in any related agreement not it is the terminating party) from any liability to the other party hereto by reason arising from or related to its breach of such breachany representations, warranties, covenants or agreements contained herein.
Appears in 1 contract
Effect on Obligations. Termination of this Agreement pursuant to this Article shall terminate all obligations of the parties hereunderhereunder and this Agreement shall become void and have no effect without any liability on the part of any party or the respective shareholders, directors or officers in respect thereof, except for the obligations under Sections 4.10 and Article 5 hereof; provided, however, that termination pursuant to paragraph clauses (b) or (c) of Section 8.01 -------- ------- 8.1 shall not relieve any the defaulting or breaching party that breached its covenants or agreements contained herein or in any related agreement from any liability to the other party hereto by reason of such breachhereto.
Appears in 1 contract
Effect on Obligations. Termination of this Agreement pursuant to this Article shall will terminate all obligations of the parties hereunder; provided, however, that termination pursuant to paragraph clause (b) of Section 8.01 shall 11.1 hereof will not relieve any defaulting or breaching party that breached its covenants or agreements contained herein or in any related agreement from any liability to the other party hereto by reason hereto, and provided, further, that the provisions of such breachArticle XII will survive termination of this Agreement.
Appears in 1 contract
Effect on Obligations. Termination of this Agreement pursuant to this Article VIII shall terminate all rights and obligations of the parties hereunder; provided, however, that termination pursuant to paragraph (b) hereunder and none of Section 8.01 the parties shall not relieve any party that breached its covenants or agreements contained herein or in any related agreement from have any liability to the other parties hereunder, except that Sections 11.09, 11.10, 11.11, 11.12, 11.13, this Section 8.02 and the Confidentiality Agreement shall remain in effect, and provided that nothing herein shall relieve any party hereto by reason from liability for any breach of any covenant or agreement in this Agreement prior to such breachtermination.
Appears in 1 contract
Sources: Purchase Agreement (Dial Corp /New/)
Effect on Obligations. Termination of this Agreement pursuant to this Article VIII shall terminate all obligations of the parties hereunder, except for their obligations under Section 11.06 and 11.13; providedPROVIDED, howeverHOWEVER, that termination pursuant to paragraph clause (b) or (c) of Section 8.01 shall not relieve any the defaulting or breaching party that breached its covenants or agreements contained herein or in any related agreement from any liability to the other party hereto by reason of such breachhereto.
Appears in 1 contract
Effect on Obligations. Termination of this Agreement pursuant to this Article shall terminate all obligations of the parties hereunder, except for the obligations under Sections 3.11, 5.5 and 6.5 hereof; provided, however, that termination pursuant to paragraph clauses (bc) or (e) of Section 8.01 9.1 hereof shall not relieve any defaulting party that breached its covenants or agreements contained herein or in any related agreement from any liability to the other party hereto by reason of such breachparties hereto.
Appears in 1 contract
Sources: Stock Purchase Agreement (Energy Ventures Inc /De/)
Effect on Obligations. Termination of this Agreement pursuant to this Article V shall terminate all obligations of the parties hereunder, except for their obligations under Sections 1.06,6.01 and 6.10 hereof; provided, however, that termination pursuant to paragraph clause (b) of Section 8.01 5.01 hereof shall not relieve any the defaulting or breaching party that breached its covenants or agreements contained herein or in any related agreement from any liability to the other party hereto by reason of such breachhereto.
Appears in 1 contract
Sources: Equipment Purchase Agreement (Universal Holdings Inc)