Common use of Indemnification For Certain Matters in Disclosure Letter Clause in Contracts

Indemnification For Certain Matters in Disclosure Letter. Seller shall indemnify and hold the Company and Purchaser harmless from and against all Purchaser Damages not covered by insurance arising out of or resulting from (i) any of the matters identified in SECTION 2.10(a) of the Disclosure Letter and (ii) any of the matters identified in Items 5 (Deadhorse), 6 (Yakutat), 7 (Anchorage) and 10 (Fairbanks) of SECTION 2.13(b) of the Disclosure Letter. The provisions of this SECTION 4.18 shall survive the Closing until sixty (60) days after the expiration of the applicable statute of limitations related to such matters (including any valid extensions thereof, whether automatic or permissive). The indemnification provided for in this SECTION 4.18 shall not be subject to the limitations on indemnification set forth in SECTION 7.02(b)(ii), (iii), (iv) or (v) of this Agreement, nor shall any indemnification made pursuant to this SECTION 4.18 be considered or included in determining whether the Deductible Amount has been reached or exceeded for purposes of any indemnification under SECTION 7.02(a). The indemnification provided for in this SECTION 4.18 shall be the sole remedy for any claim in respect of the matters described in this SECTION 4.18, and in the event of a conflict between the provisions of this SECTION 4.18, on the one hand, and the provisions of ARTICLE VII hereof, on the other, the provisions of this SECTION 4.18 shall control.