No Party. (other than the Agent) may take any proceedings against any officer, employee or agent of the Agent in respect of any claim it might have against the Agent or in respect of any act or omission of any kind by that officer, employee or agent in relation to any Relevant Document and any officer, employee or agent of the Agent may rely on this Clause subject to Clause 1.7 (Third Party Rights) and the provisions of the Third Parties Act.
No Party. (other than the Security Agent) may take any proceedings against any officer, employee or agent of the Security Agent in respect of any claim it might have against the Security Agent or in respect of any act or omission of any kind by that officer, employee or agent in relation to any Secured Finance Document or this Agreement and any officer, employee or agent of the Security Agent may rely on this Clause 13.3.
No Party. (other than the Facility Agent) may take any proceedings against any officer, employee or agent of the Facility Agent in respect of any claim it might have against the Facility Agent or in respect of any act or omission of any kind by that officer, employee or agent in relation to any Finance Document and any officer, employee or agent of the Facility Agent may rely on this Clause subject to Clause 2.4 (Third party rights).
No Party. No legal partnership or agency is established by this MOU. None of the Parties are authorized or empowered to act as an agent, employee or representative of the other Party, nor transact business or incur obligations in the name of the other Party or for the account of the other Party. No Party shall be bound by any acts, representations, or conduct of any other Party.
No Party acquires any intellectual property rights under this Agreement except the limited rights necessary to carry out the purposes as set forth in this Agreement.
No Party except as provided otherwise herein, shall be entitled (i) to set-off (aufrechnen) any rights and claims it may have against any rights or claims the other Party may have under this Agreement or (ii) to refuse to perform any obligation it may have under this Agreement on the grounds that it has a right of retention (Zurückbehaltungsrecht), unless the rights or claims of the relevant Party claiming a right of set-off (Aufrechnung) or retention (Zurückbehaltung) have been acknowledged (anerkannt) in writing by the other Party or have been confirmed by final decision of a competent court (Gerichf) or arbitration court (Schiedsgericht).
No Party has the right to assign its rights or the performance of its obligations under this Agreement without the other Party’s prior written consent; a Party, however, may only refuse to consent for good cause; no prior written consent must be obtained from the other Party for assignment of rights or performance of obligations under this Agreement to an Affiliated Company or in the context of disposal of all material assets of the Party concerned. As a result of permissible assignment, this Party shall not be released from its [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. obligations under this Agreement including the obligation to pay licence fees for any Net Selling Prices that the buyer or sub-licensee may generate from the sale of the Contractual Products.
No Party. (other than the Administrative Agent) may take any proceedings against any officer, employee or agent of the Administrative Agent in respect of any claim it might have against the Administrative Agent or in respect of any act or omission of any kind by that officer, employee or agent in relation to any Finance Document and any officer, employee or agent of the Administrative Agent may rely on this Clause.
No Party may sub-charter slots made available to it hereunder to any non-party ocean common without the prior written consent of the other party.
No Party. (other than the Initial ACF Agent or an Ancillary Lender) may take any proceedings against any officer, employee or agent of the Initial ACF Agent or any Ancillary Lender, in respect of any claim it might have against the Initial ACF Agent or an Ancillary Lender or in respect of any act or omission of any kind by that officer, employee or agent in relation to any Initial ACF Finance Document and any officer, employee or agent of the Initial ACF Agent or any Ancillary Lender may rely on this Clause 24.10 subject to Clause 1.3 (Third-party rights) and the provisions of the Third Parties Act.
