Effect on Obligations. Termination of this Agreement pursuant to this Article X shall terminate all obligations of the Parties hereunder; provided, however, that termination pursuant to clauses (c) or (d) of Section 10.01 hereof shall not relieve any defaulting Party from any liability to the other Parties hereto.
Appears in 2 contracts
Sources: Merger Agreement (Newmark Homes Corp), Merger Agreement (Newmark Homes Corp)
Effect on Obligations. Termination of this Agreement pursuant to this Article X shall terminate all obligations of the Parties parties hereunder, except for the obligations under Sections 4.06, 11.11 and 11.12 and the last sentence of Section 4.03; provided, however, that termination pursuant to clauses clause (b), (c) or (d) of Section 10.01 hereof by reason of breaches of covenants or agreements of Seller and Parent, on the one hand, or Buyer on the other hand, shall not relieve any the defaulting Party or breaching party (whether or not it is the terminating party) from any liability to the other Parties party hereto.
Appears in 2 contracts
Sources: Agreement of Purchase and Sale (Pope & Talbot Inc /De/), Purchase and Sale Agreement (Plainwell Inc)
Effect on Obligations. Termination of this Agreement pursuant to this Article X shall terminate all obligations of the Parties parties hereunder, except for the obligations under Sections 4.03(b), 11.07, 11.08, 11.10 and 11.12; providedPROVIDED, howeverHOWEVER, that termination pursuant to clauses clause (c) or (db) of Section 10.01 hereof by reason of breaches of covenants or agreements or by reason of a breach by the Buyer of its representations and warranties contained in Section 3.04 shall not relieve any the defaulting Party or breaching party (whether or not it is the terminating party) from any liability to the other Parties party hereto.
Appears in 1 contract
Effect on Obligations. Termination of this Agreement pursuant to this Article X XI shall terminate all obligations of the Parties parties hereunder, except for the obligations under Sections 12.08, 12.11, and 12.12 and the last sentence of Section 5.03; provided, however, that termination pursuant to clauses clause (b) or (c) or (d) of Section 10.01 hereof 11.01 by reason of breaches of covenants or agreements or by reason of a breach by Buyer of its representations and warranties contained in Section 4.04 shall not relieve any the defaulting Party or breaching party (whether or not it is the terminating party) from any liability to the other Parties party hereto.
Appears in 1 contract
Effect on Obligations. Termination of this Agreement pursuant to this Article X shall terminate all obligations of the Parties parties hereunder, except for the obligations under Sections 14.3 and 14.13; provided, however, however that termination pursuant to clauses (c) Sections 10.2 or (d) of Section 10.01 hereof 10.3 shall not relieve any defaulting or breaching Party or Parties from any liability to the other Parties heretohereto except as otherwise set forth in this Agreement.
Appears in 1 contract
Effect on Obligations. Termination of this Agreement pursuant to this Article X shall terminate all obligations of the Parties parties hereunder, except for the obligations under Sections 10.02, 11.08 and 11.11 and the last sentence of Section 4.03; provided, however, that termination pursuant to clauses clause (c) or (d) of Section 10.01 hereof by reason of breaches of representations and warranties or covenants or agreements shall not relieve any the defaulting Party or breaching party (whether or not it is the terminating party) from any liability to the other Parties party hereto.
Appears in 1 contract
Effect on Obligations. Termination of this Agreement pursuant to this Article X XI shall terminate all obligations of the Parties parties hereunder, except for the obligations under Sections 3.15, 4.6, 11.2, 13.7, 13.9, 13.10, 13.11 and the last sentence of Section 5.3; provided, however, that termination pursuant to clauses clause (b) or (c) or (d) of Section 10.01 hereof 11.1 by reason of breaches of covenants or agreements, or by reason of a breach by Purchaser of its representations and warranties contained in Section 4.4 shall not relieve any the defaulting Party or breaching party from any liability to the other Parties party hereto.
Appears in 1 contract