Failure to Give Timely Notice. A failure by a Company Indemnified Party to give timely, complete or accurate notice as provided in this Article XI will not affect the rights or obligations of any party hereunder except and only to the extent that, as a result of such failure, any party entitled to receive such was actually damaged as a result of such failure to give timely notice.
Appears in 2 contracts
Sources: Merger Agreement (Us Geothermal Inc), Merger Agreement (Us Geothermal Inc)
Failure to Give Timely Notice. A failure by a Company an Indemnified Party to give timely, complete or accurate notice as provided in this Article XI Section 8.5(c) will not affect the rights or obligations of any party hereunder except and only to the extent that, as a result of such failure, any party entitled to receive such notice was actually directly damaged as a direct result of such failure to give timely notice.
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Failure to Give Timely Notice. A failure by a Company Indemnified Party an indemnitee to give timely, complete or accurate notice as provided in this Article XI X will not affect the rights or obligations of any party hereunder except and only to the extent that, as a result of such failure, any party entitled to receive such was actually damaged damages as a result of such failure to give timely notice.
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Failure to Give Timely Notice. A failure by a Company an Indemnified Party to give timely, complete or accurate notice as provided in this Article XI Paragraph 2(a) will not affect the rights or obligations of any party hereunder except and only to the extent that, as a result of such failure, any party entitled to receive such notice was actually deprived of its right to recover any payment under its applicable insurance coverage or was otherwise directly and materially damaged as a result of such failure to give timely notice.
Appears in 1 contract
Sources: Hazardous Substance Indemnification Agreement (Corporate Realty Income Fund I L P)
Failure to Give Timely Notice. A failure by a Company an Indemnified Party to give timely, complete or accurate notice as provided in this Article XI VII will not affect the rights or obligations of any party hereunder except and only to the extent that, as a result of such failure, any party entitled to receive such notice was actually materially damaged as a result of such failure to give timely noticenotice vis à vis its rights and obligations hereunder or otherwise.
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Failure to Give Timely Notice. A failure by a Company an Indemnified Party to give timely, complete or accurate notice as provided in this Article XI 11 will not affect the rights or obligations of any party hereunder except and only to the extent that, as a result of such failure, any party entitled to receive such notice was actually deprived of its right to recover any payment under its applicable insurance coverage or was otherwise directly and materially damaged as a result of such failure to give timely notice.
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Failure to Give Timely Notice. A failure by a Company Buyer Indemnified Party or a Seller Indemnified Party to give timely, complete or accurate notice as provided in this Article XI ARTICLE VI will not affect the rights or obligations of any party hereunder except and only to the extent that, as a result of such failure, any party entitled to receive such notice was actually materially damaged as a result of such failure to give timely noticenotice vis-à-vis its rights and obligations hereunder or otherwise.
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Failure to Give Timely Notice. A failure by a Company an Indemnified Party to give timely, complete or accurate notice as provided in this Article XI IX will not affect the rights or obligations of any party the Indemnifying Party hereunder except and only to the extent that, as a result of such failure, any party entitled to receive such notice was actually deprived of its right to recover any payment under its applicable insurance coverage or was otherwise materially damaged as a result of such failure to give timely notice.
Appears in 1 contract
Sources: Asset Purchase Agreement (OneTravel Holdings, Inc.)
Failure to Give Timely Notice. A failure by a Company an Indemnified Party to give timely, complete or accurate notice as provided in this Article XI ARTICLE X will not affect the rights or obligations of any party hereunder except and only to the extent that, as a result of such failure, any party entitled to receive such notice was actually materially damaged as a result of such failure to give timely noticenotice vis à vis its rights and obligations hereunder or otherwise.
Appears in 1 contract
Sources: Agreement and Plan of Merger (Red White & Bloom Brands Inc.)
Failure to Give Timely Notice. A failure by a Company an Indemnified Party to give timely, complete or accurate notice as provided in this Article XI SECTION 3.12 will not affect the rights or obligations of any party hereunder except and only to the extent that, as a result of such failure, any party entitled to receive such notice was actually deprived of its right to recover any payment under its applicable insurance coverage or was otherwise directly and materially damaged as a result of such failure to give timely notice.
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Sources: Stock Purchase Agreement (Zebra Technologies Corp/De)
Failure to Give Timely Notice. A failure by a Company an Indemnified Party to give timely, complete or accurate notice as provided in this Article XI Section 7.5(c) will not affect the rights or obligations of any party hereunder except and only to the extent that, as a result of such failure, any party entitled to receive such notice was actually damaged prejudiced as a direct result of such failure to give timely notice.
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Failure to Give Timely Notice. A failure by a Company an Indemnified Party to give timely, complete or accurate notice as provided in this Article XI Section 9.2(c) will not affect the rights or obligations of any party hereunder except and only to the extent that, as a result of such failure, any party entitled to receive such notice was actually directly damaged as a direct result of such failure to give timely notice.
Appears in 1 contract
Sources: Membership Interests Purchase Agreement (Dolan Media CO)