Common use of Third Parties Clause in Contracts

Third Parties. Nothing in this Agreement, whether express or implied, is intended to: (a) confer any benefits, rights or remedies under or by reason of this Agreement on any persons other than the express parties to it and their respective permitted successors and assigns; (b) relieve or discharge the obligation or liability of any person not an express party to this Agreement; or (c) give any person not an express party to this Agreement any right of subrogation or action against any party to this Agreement.

Third Parties. Nothing in this Agreement, whether express or implied, is intended to: (a) confer any benefits, rights or remedies under or by reason of this Agreement on any persons Persons other than the express parties to it and their respective permitted successors and assigns; (b) relieve or discharge the obligation or liability of any person Person not an express party to this Agreement; or (c) give any person Person not an express party to this Agreement any right of subrogation or action against any party to this Agreement.

Third Parties. Nothing in this Agreement, whether express or implied, is intended to: (a) except as expressly provided in Section 11.2(a), confer any benefits, rights or remedies under or by reason of this Agreement on any persons Persons other than the express parties to it and their respective permitted successors and permitted assigns; (b) relieve or discharge the obligation or liability of any person Person not an express party to this Agreement; or (c) give any person Person not an express party to this Agreement any right of subrogation or action against any party to this Agreement.

Third Parties. Nothing in this Agreement, whether express expressed or implied, is intended to: (a) to confer any benefits, rights or remedies under or by reason of this Agreement on upon any persons other person other than the express parties to it hereto and their respective permitted successors and assigns; (b) , nor is anything in this Agreement intended to relieve or discharge the obligation or liability of any person not an express third persons to any party to this Agreement; or (c) , nor shall any provision give any person not an express party to this Agreement third parties any right of subrogation or action over or against any party to this Agreement. This Agreement is not intended to and does not create any third party beneficiary rights whatsoever.

Third Parties. Nothing Unless expressly stated herein to the contrary, nothing in this Agreement, whether express or implied, is intended to: (a) to confer any benefits, rights or remedies under or by reason of this Agreement on any persons other than the express parties to it hereto and their respective permitted legal representatives, successors and permitted assigns; (b) . Nothing in this Agreement is intended to relieve or discharge the obligation or liability of any person not an express third persons to any party to this Agreement; or (c) , nor shall any provision give any person not an express party to this Agreement third persons any right of subrogation or action over or against any party to this Agreement.

Third Parties. Nothing in this Agreement, whether express or implied, is intended to: (a) to confer any benefits, rights or remedies under or by reason of this Agreement on any persons other than the express parties to it hereto and their respective permitted transferees, successors and assigns; (b) , nor is anything in this Agreement intended to relieve or discharge the obligation or liability of any third person not an express to any party to this Agreement; or (c) , nor shall any provision give any third person not an express party to this Agreement any right of subrogation or action over or against any party to this Agreement.

Third Parties. Nothing in this Agreement, whether express or implied, is intended to: (a) to confer any benefits, rights or remedies under or by reason of this Agreement on any persons other than the express parties to it hereto and their respective permitted administrators, executors, legal representatives, heirs, successors and assigns; (b) assignees. Nothing in this Agreement is intended to relieve or discharge the obligation or liability of any person not an express third persons to any party to this Agreement; or (c) , nor shall any provision give any person not an express party to this Agreement third persons any right of subrogation or action over or against any party to this Agreement.

Third Parties. Nothing in this AgreementAgreement or any Loan Document, whether express or implied, is intended to: to (a) confer any benefits, rights or remedies under or by reason of this Agreement on any persons Persons other than the express parties to it and their respective permitted successors and assigns; (b) relieve or discharge the obligation or liability of any person Person not an express party to this Agreement; or (c) give any person Person not an express party to this Agreement any right of subrogation or action against any party to this Agreement.

Third Parties. Nothing in this Agreement, whether express or implied, is intended to: (a) confer any benefits, rights rights, or remedies under or by reason of this Agreement on any persons Persons other than the express parties to it and their respective permitted successors and assigns; (b) relieve or discharge the obligation or liability of any person Person not an express party to this Agreement; or (c) give any person Person not an express party to this Agreement any right of subrogation or action against any party to this Agreement.

Third Parties. Nothing in this Agreement, whether express or implied, is intended to: (a) to confer on any Person other than the parties to this Agreement any rights, remedies, claims, benefits, rights obligations or remedies liabilities under or by reason of this Agreement on any persons other than the express parties to it Agreement, and their respective permitted successors and assigns; (b) relieve or discharge the obligation or liability of any person no Person that is not an express party to this Agreement; or (c) give any person not an express a party to this Agreement (including, without limitation, any right partner, member, shareholder, director, officer, employee or other beneficial owner of subrogation or action against any party to this Agreement, in its own capacity as such or in bringing a derivative action on behalf of a party to this Agreement) shall have any standing as a third party beneficiary with respect to this Agreement or the transactions contemplated hereby.

Third Parties. Nothing in this Agreement, whether express or implied, is intended to: to (a) confer any benefits, rights or remedies under or by reason of this Agreement on any persons Persons other than the express parties to it and their respective permitted successors and assigns; (b) relieve or discharge the obligation or liability of any person Person not an express party to this Agreement; or (c) give any person Person not an express party to this Agreement any right of subrogation or action against any party to this Agreement.

Third Parties. Nothing in this Agreement, whether express or ------------- implied, is intended to: (ai) confer any benefits, rights or remedies under or by reason of this Agreement on any persons person other than the express parties to it Seller, Buyer and their respective permitted successors and assignspermitted assignees; (bii) relieve or discharge the obligation obligations or liability of any person not an express party to this Agreementthird party; or (ciii) give any person not an express third party to this Agreement any right of subrogation or action against any party to this Agreementeither Seller or Buyer.

Third Parties. Nothing in this Agreement, whether express or implied, is intended to: (a) confer any benefits, rights or remedies under or by reason of this Agreement on any persons other than the express parties to it and their respective permitted successors and assigns; (b) relieve or discharge the obligation or liability of any person not an express party to this Agreement; or (c) give any person not an express party to this Agreement any right of subrogation or action against any party to this Agreement.

Third Parties. Nothing in this Agreement, whether express or implied, is intended to: (a) confer any benefits, rights or remedies under or by reason of this Agreement on any persons other than the express parties to it and their respective permitted successors and assigns; (b) relieve or discharge the obligation or liability of any person not an express party to this Agreement; or (c) give any person not an express party to this Agreement any right of subrogation or action against any party to this Agreement.

Third Parties. Nothing in this Agreement, whether express or implied, is intended to: (a) confer any benefits, rights or remedies under or by reason of this Agreement on any persons other than the express parties to it it, Indemnified Persons and their respective permitted successors and assigns; (b) relieve or discharge the obligation or liability of any person not an express party to this Agreement; or (c) give any person not an express party to this Agreement any right of subrogation or action against any party to this Agreement.

Third Parties. Nothing in this Agreement, whether express or implied, is intended to: (a) to confer any benefits, rights right or remedies remedy under or by reason of this Agreement on any persons Person other than the express parties to it signatory hereto, the Buyer Indemnified Parties, the Seller Indemnified Parties and their respective permitted heirs, representatives, successors and assigns; (b) relieve , nor is anything set forth herein intended to affect or discharge the obligation or liability of any person not an express third Persons to any party to this Agreement; or (c) , nor shall any provision give any person not an express third party to this Agreement any right of subrogation or action over against any party to this Agreement.

Third Parties. Nothing in this Agreement, whether express or implied, is intended to: (a) confer any benefits, rights or remedies under or by reason of this Agreement on any persons Persons other than the express parties to it and their respective permitted successors and assigns; (b) relieve or discharge the obligation or liability of any person Person not an express party to this Agreement; or (c) give any person Person not an express party to this Agreement any right of subrogation or action against any party to this Agreement.. 11.15

Third Parties. Nothing in this Agreement, whether express or implied, is intended to: (a) confer any benefits, rights or remedies under or by reason of this Agreement on any persons other than the express parties to it and their respective permitted successors and assignsassigns (except for any benefits, rights or remedies expressly granted herein to Secured Swap Providers); (b) relieve or discharge the obligation or liability of any person not an express party to this Agreement; or (c) give any person not an express party to this Agreement any right of subrogation or action against any party to this Agreement.

Third Parties. Nothing in this Agreement, whether express or implied, is intended to: (a) confer any benefits, rights or remedies under or by reason of this Agreement on any persons Persons other than the express parties to it and their respective permitted successors and assigns; (b) relieve or discharge the obligation or liability of any person not an express party to this Agreement; or (c) give any person Person not an express party to this Agreement any right of subrogation or action against any party to this Agreement.

Third Parties. Nothing in this Agreement, whether express or implied, is intended to: (a) confer any benefits, rights or remedies under or by reason of this Agreement on any persons Persons other than the express parties to it and their respective permitted successors and permitted assigns; (b) relieve or discharge the obligation or liability of any person Person not an express party to this Agreement; or (c) give any person Person not an express party to this Agreement any right of subrogation or action against any party to this Agreement.

Third Parties. Nothing in this Agreement, whether express or implied, is intended to: (a) confer any benefits, rights or remedies under or by reason of this Agreement on any persons other than the express parties to it and their respective permitted successors and assigns; (b) relieve or discharge the obligation or liability of any person not an express party Party to this Agreement; or (c) give any person not an express party Party to this Agreement any right of subrogation or action against any party Party to this Agreement.

Third Parties. Nothing in this Agreement, whether express or implied, is intended to: (a) to confer any benefits, rights or remedies under or by reason of this Agreement on any persons other than the express parties to it and their respective permitted transferees, successors and assigns; (b) , nor is anything in this Agreement intended to relieve or discharge the obligation or liability of any third person not an express to any party to this Agreement; or (c) , nor shall any provision give any third person not an express party to this Agreement any right of subrogation or action over or against any party to this Agreement.

Third Parties. Nothing in this Agreement, whether express or implied, is intended to: (a) to or shall be construed to confer upon any benefitsPerson, rights other than the parties hereto and their respective successors and permitted assigns, any legal or remedies equitable right, benefit or remedy of any nature under or by reason of this Agreement on any persons other than Agreement, except in respect of Article 9, as it relates to the express Buyer Indemnitees and the Seller Indemnitees who are not otherwise parties to it and their respective permitted successors and assigns; (b) relieve or discharge the obligation or liability of any person not an express party to this Agreement; or (c) give any person not an express party to this Agreement any right of subrogation or action against any party to this Agreement.

Third Parties. Nothing in this Agreement, whether express or implied, is intended to: (ai) confer any benefits, rights or remedies under or by reason of this Agreement on any persons other than the express parties to it and their respective permitted successors and assigns; (bii) relieve or discharge the obligation or liability of any person not an express party to this Agreement; or (ciii) give any person not an express party to this Agreement any right of subrogation or action against any party to this Agreement.

Third Parties. Nothing in this Agreement, whether express or implied, is intended to: (a) to confer upon any benefitsperson or entity, rights other than the parties hereto, and their respective successors and assigns, any rights, remedies, obligations or remedies liabilities under or by reason of this Agreement on any persons other than the express Agreement, except as expressly provided herein. "Holders" who are not parties to it and their respective permitted successors and assigns; (b) relieve or discharge the obligation or liability of any person not an express party to this Agreement; , or (c) give any person successors or assigns of such parties, are not an express third party to beneficiaries of this Agreement any right and may not enforce this Agreement without the prior written consent of subrogation or action against any party to this AgreementParent in its discretion.

Third Parties. Nothing in this Agreement, whether express expressed or implied, is intended to: (a) to confer any benefits, rights or remedies under or by reason of this Agreement on any persons Persons other than the express parties to it Parties and their respective permitted successors and assigns; permitted assigns (b) except for the Buyer Indemnitees and Seller Indemnitees with respect to the indemnification rights provided to such Persons under Article VII), nor is anything in this Agreement intended to relieve or discharge the obligation or liability of any person not an express party third Person to this Agreement; or (c) any Party, nor shall any provision give any person not an express party to this Agreement third Person any right of subrogation or action over or against any party to this AgreementParty.

Third Parties. Nothing Except as otherwise explicitly provided herein, nothing in this Agreementagreement, whether express expressed or implied, is intended to: (a) to confer any benefits, rights or remedies under or by reason of this Agreement agreement on any other persons other than the express parties to it Parties and their respective permitted successors and assigns; (b) , nor is anything in this agreement intended to relieve or discharge the obligation or liability of any person not an express party third persons to this Agreement; or (c) any Party, nor shall any provision give any person not an express party to this Agreement third parties any right of subrogation or action over or against any of the Parties hereto. This Agreement is not intended to and does not create any third-party to this Agreementbeneficiary rights whatsoever.

Third Parties. Nothing in this Agreement, whether express or implied, is intended to: (a) to confer any benefits, rights or remedies under or by reason of this Agreement on any persons other than the express parties to it and their respective permitted successors and permitted assigns; (b) , except that the Indemnified Parties are the stipulated beneficiaries of, and will be entitled to enforce their respective rights under, Section 7.17. Nothing in this Agreement will act to relieve or discharge the obligation or liability of any person not an express third party to any Party to this Agreement; or (c) , nor will any provision give any person not an express third party to this Agreement any right of subrogation or action over or against any party Party to this Agreement.

Third Parties. Nothing in this Agreement, whether express or implied, is intended to: (a) except as expressly provided in Section 11.2(a), confer any benefits, rights or remedies under or by reason of this Agreement on any persons Persons other than the express parties to it and their respective permitted successors and permitted assigns; (b) relieve or discharge the obligation or liability of any person Person not an express party to this Agreement; or (c) give any person Person not an express party to this Agreement any right of subrogation or action against any party to this Agreement. 11.16.

Third Parties. Nothing in this Agreement, whether express or implied, is intended to: ; (a) confer any benefits, rights or remedies under or by reason of this Agreement on any persons Persons other than the express parties to it and their respective permitted successors and assigns; (b) relieve or discharge the obligation or liability of any person Person not an express party to this Agreement; or (c) give any person Person not an express party to this Agreement any right of subrogation or action against any party to this Agreement.

Third Parties. Nothing in this Agreement, whether express or implied, is intended to: (a) confer any benefits, rights or remedies under or by reason of this Agreement on any persons Person other than the express parties to it and their respective permitted successors and assigns; (b) relieve or discharge the obligation or liability of any person Person not an express party to this Agreement; or (c) give any person Person not an express party to this Agreement any right of subrogation or action against any party to this Agreement.. Credit Agreement – Domo, Inc.

Third Parties. Nothing in this Agreement, whether express or ------------- implied, is intended to: (a) to confer any benefits, rights or remedies under or by reason of this Agreement on any persons other than the express parties to it and their respective permitted successors and assigns; (b) , nor is anything in this Agreement intended to relieve or discharge the obligation or liability of any third person not an express to any party to this Agreement; or (c) , nor shall any provision give any person not an express party to this Agreement third persons any right of subrogation or action over against any party to this Agreement.

Third Parties. Nothing in this Agreement, whether Agreement express or implied, implied is intended to: (a) to confer any benefits, rights right or remedies remedy under or by reason of this Agreement on any persons person other than the express parties to it and Parties, their respective permitted heirs, representatives, successors and permitted assigns; (b) relieve , affect or discharge the obligation or liability of any person not an express party third persons to any Party to this Agreement; , or (c) give any person not an express party to this Agreement third Party any right of or subrogation or action over against any party Party to this Agreement.

Third Parties. Nothing in this Agreement, whether express or implied, is intended to: (a) confer any benefits, rights or remedies under or by reason of this Agreement on any persons other than the express parties to it and their respective permitted successors and assigns; (b) relieve or discharge the obligation or liability of any person not an express party to this Agreement; or (c) give any person not an express party to this Agreement any right of subrogation or action against any party to this Agreement.. 12.17

Third Parties. Nothing in this Agreement, whether express or implied, is intended to: (a) to confer any benefits, rights or remedies under or by reason of this Agreement on any persons other than the express parties to it and their respective permitted successors and permitted assigns; (b) , except that the Indemnified Parties are the stipulated beneficiaries of, and will be entitled to enforce their respective rights under, Section 8.09. Nothing in this Agreement will act to relieve or discharge the obligation or liability of any person not an express third party to any party to this Agreement; or (c) , nor will any provision give any person not an express third party to this Agreement any right of subrogation or action over or against any party to this Agreement.

Third Parties. Nothing in this Agreement, whether express or implied, is intended to: (a) confer any benefits, rights or remedies under or by reason of this Agreement on any persons other than the express parties to it and their respective permitted successors and assigns; (b) relieve or discharge the obligation or liability of any person not an express party to this Agreement; or (c) give any person not an express party to this Agreement any right of subrogation or action against any party to this Agreement.. 13

Third Parties. Nothing in this Agreement, whether express or implied, is intended to: (a) confer any benefits, rights or remedies under or by reason of this Agreement on any persons Person other than the express parties to it and their respective permitted successors and assigns; (b) relieve or discharge the obligation or liability of any person Person not an express party to this Agreement; or (c) give any person Person not an express party to this Agreement any right of subrogation or action against any party to this Agreement.

Third Parties. Nothing in this Agreement, whether express or implied, is intended to: (a) to confer any benefits, rights or remedies under or by reason of this Agreement Agreement, on any persons person other than the express parties to it and Parties their respective permitted legal representatives, successors and permitted assigns; (b) . Nothing in this Agreement is intended to relieve or discharge the obligation or liability of any third person not an express party to any Party nor shall any provision of this Agreement; or (c) Agreement be interpreted to give any third person not an express party to this Agreement any right of subrogation or action over or against any party to this Agreementthe Parties.

Third Parties. Nothing in this Agreement, whether express or implied, . is intended to: (a) confer any benefits, rights or remedies under or by reason of this Agreement on any persons other than the express parties to it and their respective permitted successors and assigns; (b) relieve or discharge the obligation or liability of any person not an express party to this Agreement; or (c) give any person not an express party to this Agreement any right of subrogation or action against any party to this Agreement.

Third Parties. Nothing in this Agreement, whether express or implied, is intended to: (a) confer any benefits, rights or remedies under or by reason of this Agreement on any persons other than the express parties to it and their respective permitted successors and assigns; (b) relieve or discharge the obligation or liability of any person not an express party to this Agreement; or (c) give any person not an express party to this Agreement any right of subrogation or action against any party to this Agreement.. 12.16

Third Parties. Nothing in this Agreement, whether express or implied, is intended to: (a) confer any benefits, rights or remedies under or by reason of this Agreement on any persons other than the express parties to it and their respective permitted successors and assigns; (b) relieve or discharge the obligation or liability of any person not an express party to this Agreement; or (c) give any person not an express party to this Agreement any right of subrogation or action against any party to this Agreement.. [SIGNATURE PAGE TO LOAN AND SECURITY AGREEMENT]

Third Parties. Nothing in this Agreement, whether express or implied, is intended to: (a) to confer any benefits, rights or remedies under or by reason of this Agreement on any persons other than the express parties to it and the and their respective permitted successors transferees, successors, and assigns; (b) , nor is anything in this Agreement intended to relieve or discharge the obligation or liability of any person not an express party third persons to this Agreement; or (c) give any person not an express party to this Agreement or to the , nor shall any provision give any third person any right of subrogation or action over or against any party to this Agreement.Agreement or the . k.

Third Parties. Nothing in this AgreementAgreement or any Loan Document, whether express or implied, is intended to: to (a) confer any benefits, rights or remedies under or by reason of this Agreement on any persons Persons other than the express parties to it and their respective permitted successors and assigns; (b) relieve or discharge the obligation or liability of any person Person not an express party to this Agreement; or (c) give any person Person not an express party to this Agreement any right of subrogation or action against any party to this Agreement.. Annex A-152

Third Parties. Nothing in this Agreement, whether express or implied, is intended to: (a) confer any benefits, rights or remedies under or by reason of this Agreement on any persons Persons other than the express parties to it and their respective permitted successors and assigns; (b) relieve or discharge the obligation or liability of any person [*] = Certain confidential information contained in this document, marked by brackets, has been omitted because it is both (i) not material and (ii) would be competitively harmful if publicly disclosed. Person not an express party to this Agreement; or (c) give any person Person not an express party to this Agreement any right of subrogation or action against any party to this Agreement.

Third Parties. Nothing in this Agreement, whether express or implied, is intended to: (a) confer any benefits, rights or remedies under or by reason of this Agreement on any persons Persons other than the express parties to it and their respective permitted successors and assigns; (b) relieve or discharge the obligation or liability of any person Person WEST\295152977.6 253576801 v8 not an express party to this Agreement; or (c) give any person Person not an express party to this Agreement any right of subrogation or action against any party to this Agreement.

Third Parties. Nothing Except for the provisions of Section 3.13 herein, nothing in this Agreement, whether express or implied, is intended to: (a) to confer any benefits, rights or remedies under or by reason of this Agreement on any persons other than the express parties to it and their respective permitted successors and assigns; (b) , nor, except for the provisions of Section 3.13 herein, is anything in this Agreement intended to relieve or discharge the obligation or liability of any third person not an express to any party to this Agreement; or (c) , nor shall any provision give any person not an express party to this Agreement third persons any right of subrogation or action over against any party to this Agreement.

Third Parties. Nothing in this Agreement, whether express or implied, is intended to: (a) to confer any benefits, rights or remedies under or by reason of this Agreement on any persons other than the express parties to it hereto and their respective permitted administrators, executors, legal representatives, heirs, successors and assigns; (b) . Nothing in this Agreement is intended to relieve or discharge the obligation or liability of any person not an express third persons to any party to this Agreement; or (c) , nor shall any provision give any person not an express party to this Agreement third persons any right of subrogation or action over or against any party to this Agreement.

Third Parties. Nothing in this Agreement, whether express or implied, is intended to: (a) confer any benefits, rights or remedies under or by reason of this Agreement on any persons (including any member of the Lender Group or any Lender Related Person) other than the express parties to it and their respective permitted successors and assigns; (b) relieve or discharge the obligation or liability of any person not an express party to this Agreement; or (c) give any person not an express party to this Agreement any right of subrogation or action against any party to this Agreement.

Third Parties. Nothing in this Agreement, whether express or implied, is intended to: (a) confer any benefits, rights or remedies under or by reason of this Agreement on any persons other than the express parties to it and their respective permitted successors and assigns; (b) relieve or discharge the obligation or liability of any person not an express party to this Agreement; or (c) give any person not an express party to this Agreement any right of subrogation or action against any party to this Agreement.. Partners for Growth Amended and Restated Loan and Security Agreement

Third Parties. Nothing in this Agreement, whether express or implied, is intended to: (a) confer any benefits, rights or remedies under or by reason of this Agreement on any persons Persons other than the express parties to it and their respective permitted successors and assigns; (b) relieve or discharge the obligation or liability of any person not an express party to this Agreement; or (c) give any person not an express party to this Agreement any right of subrogation or action against any party to this Agreement.Person

Third Parties. Nothing in this Agreement, whether express or ------------- implied, is intended to: (a) to confer any benefits, rights right or remedies remedy under or by reason of this Agreement on any persons Person other than the express parties to it Parties hereto and their respective permitted heirs, representatives, successors and assigns; (b) relieve , nor is anything set forth herein intended to affect or discharge the obligation or liability of any person not an express third persons to any party to this Agreement; or (c) , nor shall any provision give any person not an express third party to this Agreement any right of subrogation or action over against any party to this Agreement.

Third Parties. Nothing in this Agreement, whether express or implied, is intended to: (a23) confer any benefits, rights or remedies under or by reason of this Agreement on any persons other than the express parties to it and their respective permitted successors and assigns; (b23) relieve or discharge the obligation or liability of any person not an express party to this Agreement; or (c23) give any person not an express party to this Agreement any right of subrogation or action against any party to this Agreement.

Third Parties. Nothing in this Agreement, whether express or implied, is intended to: (a) confer any benefits, rights or remedies under or by reason of this Agreement on any persons Persons other than the express parties to it and it, their respective permitted successors and assignsassigns and the Indemnified Persons; (b) relieve or discharge the obligation or liability of any person Person not an express party to this Agreement; or (c) give any person Person not an express party to this Agreement any right of subrogation or action against any party to this Agreement.

Third Parties. Nothing in this Agreement, whether express or implied, is intended to: (a) confer any benefits, rights or remedies under or by reason of this Agreement on any persons Persons other than the express parties to it and their respective permitted successors and assigns; (b) relieve or discharge the obligation or liability of any person Person not an express party to this Agreement; or (c) give any person Person not an express party to this Agreement any right of subrogation or action against any party to this Agreement.. 31 278638019 v5 WEST\300615610.6 295054968.4 354271-000499

Third Parties. Nothing Except as set forth in Section 11.2, nothing in this Agreement, whether express or implied, is intended to: (a) confer any benefits, rights or remedies under or by reason of this Agreement on any persons other than the express parties to it and their respective permitted successors and assigns; (b) relieve or discharge the obligation or liability of any person not an express party to this Agreement; or (c) give any person not an express party to this Agreement any right of subrogation or action against any party to this Agreement.

Third Parties. Nothing in this Agreement, whether express or implied, is intended to: (a) confer any benefits, rights or remedies under or by reason of this Agreement on any persons other than the express parties to it and their respective permitted successors and assigns; (b) relieve or discharge the obligation or liability of any person not an express party to this Agreement; or (c) give any person not an express party to this Agreement any right of subrogation or action against any party to this Agreement.. 13. DEFINITIONS 13.1

Third Parties. Nothing in this Agreement, whether express or implied, is intended to: (a55) confer any benefits, rights or remedies under or by reason of this Agreement on any persons other than the express parties to it and their respective permitted successors and assigns; (b56) relieve or discharge the obligation or liability of any person not an express party to this Agreement; or (c57) give any person not an express party to this Agreement any right of subrogation or action against any party to this Agreement.

Third Parties. Nothing in this AgreementAgreement or any Loan Document, whether express or implied, is intended to: to (a) confer any benefits, rights or remedies under or by reason of this Agreement on any persons Persons other than the express parties to it and their respective permitted successors and assigns; (b) relieve or discharge the obligation or liability of any person Person not an express party to this Agreement; or (c) give any person Person not an express party to this Agreement any right of subrogation or action against any party to this Agreement.. 146

Third Parties. Nothing in this Agreement, whether express or implied, is intended to: (a) confer any benefits, rights or remedies under or by reason of this Agreement on any persons other than the express parties to it and their respective permitted successors and assigns; (b) relieve or discharge the obligation or liability of any person not an express party to this Agreement; or (c) give any person not an express party to this Agreement any right of subrogation or action against any party to this Agreement.. LSA – BioAmber

Third Parties. Nothing in this Agreement, whether express or implied, is intended to: (a) confer any benefits, rights or remedies under or by reason of this Agreement on any persons other than the express parties to it and their respective permitted successors and assigns; (b) relieve or discharge the obligation or liability of any person not an express party to this Agreement; or (c) give any person not an express party to this Agreement any right of subrogation or action against any party to this Agreement. 13.

Third Parties. Nothing in this AgreementAgreement or any other Transaction Document, whether express or implied, is intended to: to (a) confer any benefits, rights or remedies under or by reason of this Agreement on any persons Persons other than the express parties to it and their respective permitted successors and assigns; (b) relieve or discharge the obligation or liability of any person Person not an express party to this Agreement; or (c) give any person Person not an express party to this Agreement any right of subrogation or action against any party to this Agreement.

Third Parties. Nothing in this Agreement, whether express or implied, is intended to: (a) confer any benefits, rights or remedies under or by reason of this Agreement on any persons other than the express parties to it and their respective permitted successors and assigns; (b) relieve or discharge the obligation or liability of any person not an express party to this Agreement; or (c) give any person not an express party to this Agreement any right of subrogation or action against any party to this Agreement.. 224419752 v2

Third Parties. The terms and provisions of this Agreement are intended solely for the benefit of the parties hereto and their respective permitted successors or assigns. Nothing in this Agreement, whether express herein expressed or implied, implied is intended to: (a) or shall be construed to confer upon or give to any benefitsPerson, other than the parties and their respective permitted successors and assigns, any rights or remedies under or by reason of this Agreement on any persons other than the express parties to it and their respective permitted successors and assigns; (b) relieve or discharge the obligation or liability of any person not an express party to this Agreement; or (c) give any person not an express party to this Agreement any right of subrogation or action against any party to this Agreement.

Third Parties. Nothing in this Agreement, whether express or implied, is intended to: (a) to confer any benefits, rights or remedies under or by reason of this Agreement on any persons other than the express parties to it and their respective permitted successors and assigns; (b) relieve or discharge the obligation or liability of any person not an express party to this Agreement; or (c) give any person not an express party to this Agreement any right of subrogation or action against any party to this Agreement.

Third Parties. Nothing in this Agreement, whether express or implied, is intended to: (a) confer any benefits, rights or remedies under or by reason of this Agreement on any persons other than the express parties to it and their respective permitted successors and assigns; (b) relieve or discharge the obligation or liability of any person not an express party to this Agreement; or (c) give any person not an express party to this Agreement any right of subrogation or action against any party to this Agreement.. 42052335v6 220763.002102

Third Parties. Nothing in this Agreement, whether express or implied, is intended to: (a) to confer any benefits, rights or remedies under or by reason of this Agreement on any persons Persons other than the express parties to it and hereto, their respective permitted legal representatives, successors and permitted assigns; (b) relieve . Except as otherwise expressly provided in Section 9.1, Section 9.3, Section 9.4 or discharge the obligation Section 9.5 hereof, no Person may rely hereon or liability of derive any person not an express benefit hereby as a third party to this Agreement; beneficiary or (c) give any person not an express party to this Agreement any right of subrogation or action against any party to this Agreementotherwise.

Third Parties. Nothing in this Agreement, whether express or implied, is intended to: (a) confer any benefits, rights or remedies under or by reason of this Agreement on any persons other than the express parties to it and their respective permitted successors and assigns; (b) relieve or discharge the obligation or liability of any person not an express party to this Agreement; or (c) give any person not an express party to this Agreement any right of subrogation or action against any party to this Agreement.. 13035731v.1

Third Parties. Nothing (a) Except as set forth in Section 9.14(b), nothing in this Agreement, whether express or implied, is intended to: (a) confer any benefits, rights or remedies under or by reason of this Agreement on any persons Persons other than the express parties to it and their respective permitted successors and assigns; (b) relieve or discharge the obligation or liability of any person Person not an express party to this Agreement; or (c) give any person Person not an express party to this Agreement any right of subrogation or action against any party to this Agreement.

Third Parties. Nothing Except as otherwise explicitly provided herein, nothing in this Agreement, whether express expressed or implied, is intended to: (a) to confer any benefits, rights or remedies under or by reason of this Agreement on any other persons other than the express parties to it Parties and their respective permitted successors and assigns; (b) , nor is anything in this Agreement intended to relieve or discharge the obligation or liability of any person not an express party third persons to this Agreement; or (c) any Party, nor shall any provision give any person not an express party to this Agreement third parties any right of subrogation or action over or against any of the Parties hereto. This Agreement is not intended to and does not create any third party to this Agreementbeneficiary rights whatsoever.

Third Parties. Nothing in this Agreement, whether express or implied, is intended to: (a) confer any benefits, rights or remedies under or by reason of this Agreement on any persons Persons other than the express parties to it and their respective permitted successors and assigns; (b) relieve or discharge the obligation or liability of any person Person not an express party to this Agreement; or (c) give any person Person not an express party to this Agreement any right of subrogation or action against any party to this Agreement.. [This space intentionally left blank]

Third Parties. Nothing in this Agreement, whether express or implied, ------------- is intended to: (a) to confer any benefits, rights or remedies under or by reason of this Agreement on any persons other than the express parties to it and their respective permitted successors and assigns; (b) , nor is anything in this Agreement intended to relieve or discharge the obligation or liability of any person not an express third persons to any party to this Agreement; or (c) , nor shall any provision give any person not an express party to this Agreement third persons any right of subrogation or action over against any party to this Agreement.

Third Parties. Nothing in this Agreement, whether express or implied, is intended to: (a1) confer any benefits, rights or remedies under or by reason of this Agreement on any persons other than the express parties to it and their respective permitted successors and assigns; (b1) relieve or discharge the obligation or liability of any person not an express party to this Agreement; or (c1) give any person not an express party to this Agreement any right of subrogation or action against any party to this Agreement.

Third Parties. Nothing in this Agreement, whether express or implied, is intended to: (a) confer any benefits, rights or remedies under or by reason of this Agreement on any persons other than the express parties to it and their respective permitted successors and assigns; (b) relieve or discharge the obligation or liability of any person not an express party to this Agreement; or (c) give any person not an express party to this Agreement any right of subrogation or action against any party to this Agreement.. WEST\292770674.6

Third Parties. Nothing in this Agreement, whether express or implied, is intended to: (a) confer any benefits, rights or remedies under or by reason of this Agreement on any persons other than the express parties to it and their respective permitted successors and assigns; : (b) relieve or discharge the obligation or liability of any person not an express party to this Agreement; : or (c) give any person not an express party to this Agreement any right of subrogation or action against any party to this Agreement.

Third Parties. Nothing in this Agreement, whether express or implied, is intended to: (a) confer any benefits, rights or remedies under or by reason of this Agreement on any persons Persons other than the express parties to it and their respective permitted successors and assigns; (b) relieve or discharge the obligation or liability of any person Pperson not an express party to this Agreement; or (c) give any person Person not an express party to this Agreement any right of subrogation or action against any party to this Agreement.

Third Parties. Nothing in this Agreement, whether express expressed or implied, is intended to: (a) to confer any benefits, rights or remedies under or by reason of this Agreement on upon any persons other Person other than the express parties to it hereto and their respective permitted successors and assigns; (b) , nor is anything in this Agreement intended to relieve or discharge the obligation or liability of any person not an express third Persons to any party to this Agreement; or (c) , nor shall any provision give any person not an express party to this Agreement third parties any right of subrogation or action over or against any party to this Agreement. This Agreement is not intended to and does not create any third party beneficiary rights whatsoever.

Third Parties. Nothing in this Agreement, whether ------------- express or implied, is intended to: (a) to confer any benefits, rights or remedies under or by reason of this Agreement on any persons other than the express parties to it and their respective permitted transferees, successors and assigns; (b) , nor is anything in this Agreement intended to relieve or discharge the obligation or liability of any third person not an express to any party to this Agreement; or (c) , nor shall any provision give any third person not an express party to this Agreement any right of subrogation or action over or against any party to this Agreement.

Third Parties. Nothing in this Agreement, whether express ------------- expressed or implied, is intended to: (a) to confer any benefits, rights or remedies under or by reason of this Agreement on any persons person other than the express parties to it hereto and their respective permitted successors and assigns; (b) , nor is anything in this Agreement intended to relieve or discharge the obligation or liability of any person not an express third persons to any party to this Agreement; or (c) , nor shall any provision give any person not an express party to this Agreement third parties any right of subrogation or action over or against any party to this Agreement. This Agreement is not intended to and does not create any third party beneficiary rights whatsoever.

Third Parties. Nothing in this Agreement, whether express or implied, is intended to: (a) to confer on any Person other than the parties to this Agreement any rights, remedies, claims, benefits, rights obligations or remedies liabilities under or by reason of this Agreement on any persons other than the express parties to it Agreement, and their respective permitted successors and assigns; (b) relieve or discharge the obligation or liability of any person no Person that is not an express party to this Agreement; or (c) give any person not an express a party to this Agreement (including, without limitation, any right partner, member, shareholder, director, officer, employee or other beneficial owner of subrogation or action against any party to this Agreement, in its own capacity as such or in bringing a derivative action on behalf of a party to this Agreement) shall have any standing as a third party beneficiary with respect to this Agreement or the transactions contemplated in this Agreement.

Third Parties. Nothing in this Agreement, whether express or implied, is intended to: (a) confer any benefits, rights or remedies under or by reason of this Agreement on any persons other than the express parties to it and their respective permitted successors and assigns; (b) relieve or discharge the obligation or liability of any person not an express party to this Agreement; or (c) give any person not an express party to this Agreement any right of subrogation or action against any party to this Agreement.. 13DEFINITIONS

Third Parties. Nothing in this Agreement, whether express or implied, is intended to: (a) to confer on any Person other than the parties to this Agreement any rights, remedies, claims, benefits, rights obligations or remedies liabilities under or by reason of this Agreement on any persons other than the express parties to it Agreement, and their respective permitted successors and assigns; (b) relieve or discharge the obligation or liability of any person no Person that is not an express party to this Agreement; or (c) give any person not an express a party to this Agreement (including, without limitation, any right partner, member, shareholder, director, officer, employee or other Beneficial Owner of subrogation or action against any party to this Agreement, in its own capacity as such or in bringing a derivative action on behalf of a party to this Agreement) shall have any standing as a third party beneficiary with respect to this Agreement or the transactions contemplated hereby.

Third Parties. Nothing in this AgreementAgreement (except Sections 8.2 and 10.2.2), whether express expressed or implied, is intended to: (a) to confer any benefits, rights or remedies under or by reason of this Agreement on any persons person other than the express parties to it hereto and their respective permitted successors and assigns; (b) , nor is anything in this Agreement intended to relieve or discharge the obligation or liability of any person not an express third persons to any party to this Agreement; or (c) , nor shall any provision give any person not an express party to this Agreement third parties any right of subrogation or action over or against any party to this Agreement. This Agreement is not intended to and does not create any third party beneficiary rights whatsoever.

Third Parties. Nothing in this Agreement, whether express or implied, is intended to: to (a) confer any benefits, rights or remedies under or by reason of this Agreement on any persons Persons other than the express parties to it and their respective permitted successors and assigns; (b) relieve or discharge the obligation or liability of any person Person not an express party to this Agreement; , or (c) give any person Person not an express party to this Agreement any right of subrogation or action against any party to this Agreement. [Signature page follows.]

Third Parties. Nothing in this Agreement, whether express or implied, is intended to: (a) to confer upon any benefitsPerson, other than the parties hereto and their permitted successors and assigns, any rights or remedies under or by reason of this Agreement on any persons other than Agreement, except that the express parties provisions of Section 2.05 shall inure to it the benefit of the Persons referred to in such Section who are expressly intended to be third party beneficiaries thereof and their respective permitted successors and assigns; (b) relieve or discharge who may enforce the obligation or liability of any person not an express party to this Agreement; or (c) give any person not an express party to this Agreement any right of subrogation or action against any party to this Agreementcovenants contained therein.

Third Parties. Nothing in this Agreement, whether express or implied, is intended to: (a) to confer any benefits, rights or remedies under or by reason of this Agreement on any persons other than the express parties to it and the Corporation and their respective permitted successors transferees, successors, and assigns; (b) , nor is anything in this Agreement intended to relieve or discharge the obligation or liability of any person not an express party third persons to this Agreement; or (c) give any person not an express party to this Agreement or to the Corporation, nor shall any provision give any third person any right of subrogation or action over or against any party to this AgreementAgreement or the Corporation.

Third Parties. Nothing in this Agreement, whether express or implied, is intended to: (a) confer any benefits, rights or remedies under or by reason of this Agreement on any persons Persons other than the express parties to it and their respective permitted successors and assigns; (b) relieve or discharge the obligation or liability of any person Person 122996013v9 220763.003342 not an express party to this Agreement; or (c) give any person Person not an express party to this Agreement any right of subrogation or action against any party to this Agreement.

Third Parties. Nothing in this Letter Agreement, whether express or implied, is intended to: (ai) confer any benefits, rights or remedies under or by reason of this Letter Agreement on any persons other than the express parties to it and their respective permitted successors and assigns; (bii) relieve or discharge the obligation or liability of any person not an express party to this Letter Agreement; or (ciii) give any person not an express party to this Letter Agreement any right of subrogation or action against any party to this Letter Agreement.

Third Parties. 23.1. Nothing in this Agreement, whether express expressed or implied, is intended to: (a) to confer upon any benefitsthird party, other than the legal successors of the Parties and third parties to which the Agreement or certain rights under or remedies in relation to the Agreement have been assigned as provided under this Agreement, any rights to require fulfillment of any obligation under this Agreement or any other right whatsoever under or by reason of this Agreement on any persons other than the express parties to it and their respective permitted successors and assigns; (b) relieve or discharge the obligation or liability of any person not an express party to this Agreement; or (c) give any person not an express party to this Agreement any right of subrogation or action against any party to this Agreement.

Third Parties. Nothing in this Agreement, whether express or implied, is intended to: (a) confer any benefits, rights or remedies under or by reason of this Agreement on any persons other than the express parties to it and their respective permitted successors and assigns; (b) relieve or discharge the obligation or liability of any person not an express party to this Agreement; or (c) give any person not an express party to this Agreement any right of subrogation or action against any party to this Agreement.. Partners for Growth Schedule to Loan and Security Agreement

Third Parties. Nothing in this Agreement, whether express or implied, is intended to: (a) confer any benefits, rights or remedies under or by reason of this Agreement on any persons other than the express parties to it and their respective permitted successors and assigns; (b) relieve or discharge the obligation or liability of any person Person not an express party to this Agreement; or (c) give any person Person not an express party to this Agreement any right of subrogation or action against any party to this Agreement.

Third Parties. Nothing in this Agreement, whether express or implied, is ------------- intended to: to confer upon any party, other than the parties to this Agreement, and their respective successors and assigns (a) confer including, without limitation, subsequent Holders of the Warrant Shares, the Preferred Shares or Class B Common Stock), any benefitsrights, rights remedies, obligations or remedies liabilities under or by reason of this Agreement on any persons other than the express parties to it and their respective permitted successors and assigns; (b) relieve or discharge the obligation or liability of any person not an express party to this Agreement; or (c) give any person not an express party to this Agreement any right of subrogation or action against any party to , except as expressly provided in this Agreement.

Third Parties. Nothing in this Agreement, whether express or implied, is intended to: (a) confer any benefits, rights or remedies under or by reason of this Agreement on any persons other than the express parties to it and their respective permitted successors and assigns; (b) relieve or discharge the obligation or liability of any person not an express party to this Agreement; or (c) give any person not an express party to this Agreement any right of subrogation or action against any party to this Agreement, in each case other than Indemnified Persons.

Third Parties. Nothing in this Agreement, whether express expressed or implied, is intended to: (a) to confer any benefits, rights or remedies under or by reason of this Agreement on any persons other person other than the express parties to it hereto and their respective permitted successors and assigns; (b) , nor is anything in this Agreement intended to relieve or discharge the obligation or liability of any person not an express third persons to any party to this Agreement; or (c) , nor shall any provision hereof give any person not an express party to this Agreement third parties any right of subrogation or action over or against any party to this Agreement. This Agreement is not intended to and does not create any third party beneficiary rights whatsoever.

Third Parties. Nothing in this Agreement, whether express ------------- expressed or implied, is intended to: (a) to confer any benefits, rights or remedies under or by reason of this Agreement on upon any persons other person other than the express parties to it hereto and their respective permitted successors and assigns; (b) , nor is anything in this Agreement intended to relieve or discharge the obligation or liability of any person not an express third persons to any party to this Agreement; or (c) , nor shall any provision give any person not an express party to this Agreement third parties any right of subrogation or action over or against any party to this Agreement. This Agreement is not intended to and does not create any third party beneficiary rights whatsoever.

Third Parties. Nothing Except as disclosed in this Agreement. nothing in this Agreement, whether express or implied, is intended to: (a) to confer any benefits, rights or remedies under or by reason of this Agreement on any persons other than the express parties to it hereto and their respective permitted administrators, executors, legal representatives, heirs, successors and assigns; (b) assignees. Nothing in this Agreement is intended to relieve or discharge the obligation or liability of any person not an express third persons to any party to this Agreement; or (c) , nor shall any provision give any person not an express party to this Agreement third persons any right of subrogation or action over or against any party to this Agreement.