OTHER RELEASES CONCERNING THIS
AGREEMENT AND THE TRANSACTIONS CONTEMPLATED HEREBY AND, EXCEPT AS REQUIRED BY,
OR PURSUANT TO, APPLICABLE LAW OR THE APPLICABLE RULES OR REGULATIONS OF ANY
GOVERNMENTAL ENTITY OR STOCK EXCHANGE ON WHICH SHARES OF SUCH PARTY OR ANY OF
ITS AFFILIATES ARE LISTED, NEITHER PARTY SHALL ISSUE ANY PUBLICITY OR OTHER
RELEASE WITHOUT THE PRIOR WRITTEN CONSENT OF THE OTHER PARTY.
17.11
USE OF NOBLE'S NAME.
AS SOON AS PRACTICABLE AFTER THE
CLOSING, PURCHASER SHALL REMOVE OR CAUSE TO BE REMOVED THE NAMES AND MARKS USED
BY NOBLE AND ALL VARIATIONS AND DERIVATIVES THEREOF AND LOGOS RELATING THERETO
FROM THE ASSETS AND SHALL NOT THEREAFTER MAKE ANY USE WHATSOEVER OF THOSE NAMES,
MARKS AND LOGOS.
IN THE EVENT PURCHASER HAS NOT COMPLETED SUCH REMOVAL WITHIN
SIXTY (60) DAYS AFTER CLOSING, NOBLE SHALL HAVE THE RIGHT BUT NOT THE OBLIGATION
TO COMPLETE SUCH REMOVAL OR CAUSE SUCH REMOVAL TO BE COMPLETED AT PURCHASER'S
COST AND EXPENSE.
17.12
CONSEQUENTIAL DAMAGES.
THE PARTIES WAIVE ANY RIGHTS
TO INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM A BREACH OF THIS
AGREEMENT, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS.
17.13
NO THIRD-PARTY BENEFICIARY.
EXCEPT AS EXPRESSLY
PROVIDED HEREIN, THIS AGREEMENT IS NOT INTENDED TO CREATE, NOR SHALL IT BE
CONSTRUED TO CREATE, ANY RIGHTS IN ANY THIRD PARTY UNDER DOCTRINES CONCERNING
THIRD-PARTY BENEFICIARIES.
17.14
SURVIVAL; LIMITATION OF LIABILITY.
(A)
EXCEPT AS OTHERWISE SET FORTH IN THIS
AGREEMENT, THE REPRESENTATIONS AND WARRANTIES CONTAINED IN THIS AGREEMENT (OTHER
THAN THOSE IN SECTION 4.6 AND SECTION 4.10), AND
46
THE COVENANTS AND OBLIGATIONS OF THE PARTIES UNDER THIS AGREEMENT TO BE
PERFORMED PRIOR TO THE CLOSING, SHALL SURVIVE THE CLOSING FOR A PERIOD OF THREE
HUNDRED SIXTY-FIVE (365) DAYS.
EXCEPT AS OTHERWISE SET FORTH IN THIS AGREEMENT,
(I) THE REPRESENTATIONS AND WARRANTIES CONTAINED IN SECTION 4.10 SHALL SURVIVE
THE CLOSING FOR A PERIOD OF SIXTY (60) DAYS, (II) THE REPRESENTATIONS AND
WARRANTIES CONTAINED IN SECTION 4.6 AND THE OTHER COVENANTS AND OBLIGATIONS OF
THE PARTIES UNDER THIS AGREEMENT SHALL SURVIVE THE CLOSING WITHOUT ANY TIME
LIMITATION, AND ANY CLAIM WITH RESPECT TO THE BREACH THEREOF MAY BE MADE AT ANY
TIME AND (III) THE REPRESENTATION AND WARRANTY CONTAINED IN SECTION 4.7(D) SHALL
TERMINATE AS OF CLOSING.
REPRESENTATIONS, WARRANTIES, COVENANTS AND OBLIGATIONS
HEREUNDER SHALL BE OF NO FURTHER FORCE OR EFFECT AFTER THE DATE OF THEIR
EXPIRATION; PROVIDED, HOWEVER, THAT THERE SHALL BE NO TERMINATION OF ANY BONA
FIDE CLAIM ASSERTED PURSUANT TO THIS AGREEMENT WITH RESPECT TO SUCH A
REPRESENTATION, WARRANTY, COVENANT OR OBLIGATION PRIOR TO ITS EXPIRATION DATE.
THE INDEMNITY OBLIGATIONS SET FORTH IN SECTIONS 11.4(B)(II) AND 11.4(C)(I) SHALL
TERMINATE AS OF THE DATE OF EACH RESPECTIVE REPRESENTATION, WARRANTY, COVENANT
OR OBLIGATION THAT IS SUBJECT TO INDEMNIFICATION, EXCEPT IN EACH CASE AS TO
MATTERS FOR WHICH A SPECIFIC WRITTEN CLAIM FOR INDEMNITY HAS BEEN DELIVERED TO
THE INDEMNIFYING PARTY ON OR BEFORE SUCH TERMINATION DATE.
(B)
IN NO EVENT SHALL NOBLE'S AGGREGATE
LIABILITY UNDER THIS AGREEMENT, INCLUDING LIABILITY FOR (I) TITLE DEFECTS
PURSUANT TO ITS LIMITED