Amendment to Section 17 Clause Samples
The "Amendment to Section 17" clause serves to modify, update, or replace the provisions originally set out in Section 17 of an agreement. In practice, this clause will specify exactly which parts of Section 17 are being changed, such as altering deadlines, responsibilities, or procedures, and may outline the new terms that will govern instead. Its core function is to formally document agreed changes to the contract, ensuring that all parties are aware of and bound by the updated terms, thereby preventing misunderstandings or disputes regarding the affected section.
Amendment to Section 17. Section 17 of the Agreement is hereby amended and restated in its entirety as follows:
Amendment to Section 17. Section 17 of the Credit Agreement is amended by including the following new Section 17.15:
Amendment to Section 17. Section 1.7 of the Merger Agreement is hereby deleted and replaced in its entirety with the following:
Amendment to Section 17. Section 17 of the Operating Agreement entitled “HUD Provisions” is hereby amended by deleting the entire text contained therein and substituting the following in lieu thereof:
Amendment to Section 17. Section 1.7 of the Agreement is hereby amended and restated in its entirety as follows:
Amendment to Section 17. The notice provision set forth in Section 17 of the Agreement is amended and restated in its entirety to read as follows: All notices, demands, requests, consents or other communications to be given or delivered under or by reason of the provisions of this Agreement shall be in writing and shall be deemed to have been given when (i) delivered personally to the recipient, (ii) sent by confirmed facsimile or confirmed electronic mail transmission before 5:00 p.m. New York City time on a Business Day, and otherwise on the next Business Day, or (iii) one Business Day after being sent to the recipient by reputable overnight courier service (charges prepaid). Such notices, demands, requests, consents and other communications shall be sent (i) if to the Company, to Colfax Corporation, 817▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇., ▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, facsimile number (30▇) ▇▇▇-▇▇▇▇, ▇nd (ii) if to any Holder, to 220▇ ▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇, ▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, ▇r to such Holder at the address then on record with the Company or to such other address of Holder designated in writing to the Company from time to time.
Amendment to Section 17. 1. Section 17.1 of the LCA is hereby amended by adding the following clause after clause (f) of Section 17.1 of the LCA:
(i) From and after the Transition Date, (A) all Third Party claims relating to Praluent LCA Products that (1) are due to or based upon any act or occurrence on or after the Transition Date or (2) are Special Claims (as defined in the Praluent Agreement), in each case ((1) and (2)), shall be governed by the Praluent Agreement (which agreement, with respect to certain Special Claims, allocates applicable Damages (other than Litigation Costs (as defined below)) as they would have been shared under this Agreement as in effect immediately prior to the Transition Date) and (B) other than Special Claims (which are governed by the applicable provisions of the Praluent Agreement), all claims relating to Praluent LCA Products that are due to or based upon any act or occurrence prior to the Transition Date shall be governed by the terms of this Agreement as in effect immediately prior to the Transition Date.
(ii) If any Third Party claim that is not a Special Claim relates to a Praluent LCA Product and is due to acts or occurrences both prior to and on or after the Transition Date and would therefore be subject to indemnity under both this Agreement and the Praluent Agreement, the provisions of Section 17.2 of this Agreement and Section 14.2 of the Praluent Agreement shall not apply with respect to the defense of such claim and:
(A) the Parties shall cooperate in good faith to establish a mutually agreeable strategy with respect to defending such claim, provided that Sanofi shall have final decision-making authority with respect to any such claim relating to Praluent LCA Products in the Sanofi Territory (as defined in the Praluent Agreement), and Regeneron shall have final decision-making authority with respect to any such claim relating to Praluent LCA Products in the Regeneron Territory (as defined in the Praluent Agreement), provided that neither Party shall settle any such claim without the other Party’s consent, not to be unreasonably withheld, conditioned or delayed;
(B) (1) if such claim relates to Praluent LCA Products in the Sanofi Territory, then Sanofi shall be solely responsible for the administrative defense costs and expenses (e.g., attorneys’ fees, experts’ fees and court costs) (“Litigation Costs”) with respect thereto and shall reimburse Regeneron for Regeneron’s Litigation Costs for such defense or (2) if such claim relates to Pra...
Amendment to Section 17. In Section 1.7, clause (a)(i) contained in the second and third lines thereof shall be amended and restated in its entirety to read as follows:
Amendment to Section 17. 1(a). The following clause shall be added to the end of the last sentence in Section 17.1(a) of the License and Supply Agreement: “; provided that notwithstanding the foregoing, in no event shall the NOVARTIS Parties provide notice of non-renewal prior to January 1, 2016.” For the avoidance of doubt, nothing in this Amendment shall amend or restate, or be deemed to amend or restate, any provision of Section 17.2 or Section 17.3 of the License and Supply Agreement or limit the rights of a NOVARTIS Party to terminate the License and Supply Agreement pursuant to Section 17.2 or Section 17.3 of the License and Supply Agreement.
Amendment to Section 17. 3(a). Section 17.3(a) shall be amended by adding the following as a new final sentence thereof: If the Partnership shall have delivered a Series B Redemption Notice pursuant to Section 17.5 then the Partnership may, but shall not be required to, include in the final Series B Distribution the amount of distributions scheduled to accumulate from the final Series B Distribution Payment Date through the Series B Redemption Date.
