Assignment and Waiver. Neither party may assign this Agreement without the written permission of the other party. Any assignment by Group without BCN's written permission shall be deemed a voluntary termination of this Agreement by Group. The waiver by a party of any breach of this Agreement by the other party shall not constitute a waiver of any subsequent breach of this Agreement. The Group will immediately notify BCN in writing of any Change in Control, any change in Group's name, identity, ownership, or legal organizational structure, any change in, or addition to, a location of Group's place of business, and any merger, combination, sale of assets, or other similar material transaction in which Group is involved. For purposes of this Agreement, a "Change in Control" shall be deemed to be an assignment requiring BCN's consent and shall mean an event resulting in a change in the beneficial ownership of Group of 50% or more immediately after the event compared to one year before the event. "Beneficial ownership" means actual ownership or the right, directly or indirectly, to control voting power associated with ownership interests in Group.
Assignment and Waiver. At our sole discretion, we may assign our rights and responsibilities under this Agreement at any time and without notice to you. If we do make such an assignment then this Agreement will remain binding on you and your respective executors, administrators, successors, representatives and permitted assigns.
Assignment and Waiver. We may assign this Cardholder Agreement to a third party at any time without notice to you. However, if we assign this Cardholder Agreement, the terms will remain substantially and materially the same unless you are notified. If we reimburse you for a refund claim you have made for a lost or stolen Serve Temporary Card, or if we otherwise provide you with a credit or payment with respect to any problem arising out of any transaction made with the Serve Temporary Card, you are automatically deemed to assign and transfer to us any rights and claims, excluding tort claims, that you have, had or may have against any third party for an amount equal to the amount we have paid to you or credited to your Serve Temporary Card. You agree that you will not pursue any claim against, or reimbursement from, such third party for the amount that we paid or credited to your Serve Temporary Card, and that you will cooperate with us if we decide to pursue the third party for the amount paid or credited. Neither our failure to exercise any of our rights under this Cardholder Agreement, nor our delay in enforcing or exercising any of our rights, shall constitute a waiver of such rights. If we waive any right under this Cardholder Agreement on one occasion, such waiver shall not operate as a waiver as to any other occasion.
Assignment and Waiver. At our sole discretion, we may assign our rights and responsibilities under this Agreement at any time and without notice to you. This Agreement will remain binding on you and your respective executors, administrators, successors, representatives and permitted assigns. In the event we reimburse you for a refund claim you have made, or if we otherwise provide you with a credit or payment “You”, “your”, and “yours” each mean the Cardholder and any other person you allow to use the Card, whether or not permitted by the with respect to any problem arising out of any transaction made with the Card, you are automatically deemed to assign and transfer to us Agreement. any rights and claims (excluding tort claims) that you have, had or may have against any third party for an amount equal to the amount The Card: The Card is a prepaid, stored-value Visa card that can be used anywhere that Visa is accepted, including mail order, online and we have paid to you or credited to your Card. You agree that you will not pursue any claim against or reimbursement from such third point of sale retail merchants, subject to the terms of this Agreement. The Card can be used to pay the full amount of the purchase and party for the amount that we paid or credited to your Card, and that you will cooperate with us if we decide to pursue the third party for the applicable taxes, so long as the Balance remaining on the Card is sufficient. The Card is, and will remain, the property of Peoples Trust. The amount paid or credited. If we do not exercise our rights under this Agreement, we do not give up our rights to exercise them in the future. Card is not a credit card, charge card, or debit card and its usage will not enhance nor improve your credit rating. No interest dividends or Disclaimer of Warranties: EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS AGREEMENT, WE MAKE NO REPRESENTA- other earnings or returns will be paid on the Card. Neither the Card nor the Balance is a deposit account. You have no right to write cheques TIONS OR WARRANTIES OF ANY KIND TO YOU, WHETHER EXPRESS OR IMPLIED, REGARDING ANY SUBJECT MATTER OF on, or demand repayment of, the outstanding Balance on the Card, but are strictly limited to the right to use the Card in accordance with this THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR Agreement as payment for goods and services from merchants who accept Visa. A PARTICULAR PURPOSE OR THOSE ARISING BY STATUTE...
Assignment and Waiver. Buyer may not assign the Contract without the prior written consent of Tennant, which consent shall not be unreasonably withheld or delayed. Assignment without such consent is void. A waiver of any default hereunder or failure to enforce any term or condition of the Contract shall not be construed as a waiver of any right available to either party hereunder.
Assignment and Waiver. If, for any reason, any of such Results shall not be legally deemed a work-made-for-hire, and/or there are any rights which do not accrue to XStream pursuant to this Section, then Executive hereby irrevocably assigns and agrees to assign to XStream any and all of Executive’s right, title and interest thereto, including, without limitation, any and all copyrights, patents, trade secrets, trademarks and/or other rights of whatsoever nature therein, whether or not now or hereafter known, existing, contemplated, recognized or developed, and XStream shall have the right to use the same in perpetuity throughout the universe in any manner it determines, in its sole discretion, without any further payment to Executive whatsoever. To the extent Executive has any rights in the Results that cannot be assigned in the manner described above, Executive hereby unconditionally and irrevocably waives the enforcement of such rights. This Section is subject to, and shall not be deemed to limit, restrict, or constitute any waiver by XStream of, any rights of ownership to which XStream may be entitled by operation of law.
Assignment and Waiver. The rights of either party shall not be assigned or transferred, whether voluntarily or by operation of law or otherwise, without the other party's prior written consent, nor shall the duties of either party be delegated in whole or in part, whether voluntarily or by operation of law or otherwise, without the other party's prior written consent. Any attempted assignment, transfer or delegation shall be of no force or effect unless so consented to in writing.
Assignment and Waiver. At our sole discretion, we may assign our rights and responsibilities under this Agreement at any time and without notice to you. This Agreement will remain binding on you and your respective executors, administrators, successors, representatives and permitted assigns. In the event we reimburse you for a refund claim you have made or if we otherwise provide you with a credit or payment with respect to any problem arising out of any transaction made with the Card, you are automatically deemed to assign and transfer to us any rights and claims (excluding tort claims) that you have, had or may have against any third party for an amount equal to the amount we have paid to you or credited to your Card. You agree that you will not pursue any claim against or reimbursement from such third party for the amount that we paid or credited to your Card, and that you will cooperate with us if we decide to pursue the third party for the amount paid or credited. If we do not exercise our rights under this Agreement, we do not give up our rights to exercise them in the future.
Assignment and Waiver. Executive hereby agrees to irrevocably assign to the Bank, and hereby irrevocably assigns to the Bank, for no additional consideration, Executive’s full right, title, and interest in and to all Work Product and intellectual property rights (whether registered or not) therein. Upon request, Executive agrees to take any action necessary to protect the Bank’s right, interests and use of the Work Product, including, without limitation, all intellectual property rights, assignment, or grant of Power of Attorney or license or sub-licenses. Further, Executive waives all rights and any claims or causes of action of any kind against the Bank concerning Work Product rights.
Assignment and Waiver. Neither party may assign this Agreement without the written permission of the other party. The Group will immediately notify BCN in writing of any Change in Control or any change in the Group's name, identity, or legal organizational structure, and of any change in, or addition to, a location of the Group's place of business. For purposes of this Agreement, a "Change in Control" shall mean an event resulting in a change in the beneficial ownership of the Group of 50% or more immediately after the event compared to one year before the event. "Beneficial ownership" means actual ownership or the right, directly or indirectly, to control voting power associated with ownership interests in the Group. The waiver by a party of any breach of this Agreement by the other party shall not constitute a waiver of any subsequent breach of this Agreement.
