Common use of Failure to Give Timely Notice Clause in Contracts

Failure to Give Timely Notice. A failure by an Indemnified Party to give timely, complete or accurate notice as provided in this Article IX 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. Notwithstanding the foregoing, the parties hereby acknowledge and agree that nothing in this Section 9.07 shall be deemed to extend any of the time periods set forth in Section 9.01 with respect to the survival of representations and warranties.

Appears in 1 contract

Sources: Stock Purchase Agreement (Toyzap.com, Inc.)

Failure to Give Timely Notice. A failure by an Indemnified Party the indemnified party to give timely, complete or accurate notice as provided in this Article IX 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 damaged as a result of such failure to give timely notice. Notwithstanding the foregoing, the parties hereby acknowledge and agree that nothing in this Section 9.07 10.4 shall be deemed to extend any of the time periods set forth in Section 9.01 10.1 with respect to the survival of representations and warranties.

Appears in 1 contract

Sources: Asset Purchase Agreement (GAIN Capital Holdings, Inc.)

Failure to Give Timely Notice. A failure by an Indemnified Party to give timely, complete or accurate notice as provided in this Article ARTICLE 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. Notwithstanding the foregoing, the parties hereby acknowledge and agree that nothing in this Section 9.07 shall be deemed to extend any of the time periods set forth in Section 9.01 with respect to the survival of representations and warranties.

Appears in 1 contract

Sources: Asset Purchase Agreement (OneTravel Holdings, Inc.)

Failure to Give Timely Notice. A failure by an Indemnified a Claiming Party to give timely, complete or accurate notice as provided in this Article IX Section 8 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. Notwithstanding the foregoing, the parties hereby acknowledge and agree that nothing in this Section 9.07 shall be deemed to extend any of the time periods set forth in Section 9.01 with respect to the survival of representations and warranties.

Appears in 1 contract

Sources: Redemption Agreement (Tj International Inc)

Failure to Give Timely Notice. A failure by an Indemnified Party to give timely, complete or accurate notice as provided in this Article IX 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 was actually damaged as a result of such failure to give timely notice. Notwithstanding the foregoing, the parties hereby acknowledge and agree that nothing in this Section 9.07 7.5 shall be deemed to extend any of the time periods set forth in Section 9.01 7.1 with respect to the survival of representations and warranties.

Appears in 1 contract

Sources: Stock Purchase Agreement (24/7 Media Inc)