Applicability of Obligations Sample Clauses

Applicability of Obligations. Consultant’s obligations under this Agreement shall apply equally to and be binding upon all of Consultant’s subsidiaries, employees, representatives, agents, consultants, successors and permitted assigns, and Consultant shall be responsible for any breach of this Agreement by any such party. The obligations arising in this Section shall survive the expiration or termination of the term of this Agreement. Exceptions: Consultant’s obligations under this Agreement shall not apply to any portion of the Confidential Information which: (i) was known to Consultant prior to its receipt (directly or indirectly) from Company as demonstrated by Consultant’s records, (ii) was published or generally available to the public prior to its receipt under this Agreement, or thereafter becomes published or generally available to the public through no fault of Consultant, (iii) is disclosed to Consultant, free of restrictions on use and commitments of confidentiality, by a third party which did not derive the same directly or indirectly from Company and which has the legal right to disclose the same, (iv) is independently developed by an employee, consultant or agent of Consultant without access to the Confidential Information as received under this Agreement; or (v) Consultant is obligated to produce as a result of a court order or other compulsory process, provided that Company has been given notice and an opportunity to waive its rights or to seek a protective order or other appropriate remedy before the disclosure of such portion of the Confidential Information. Notwithstanding anything to the contrary contained in this Agreement, Company and Consultant each acknowledges and
Sample 1
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Applicability of Obligations. The obligations arising under this Agreement shall apply equally to and be binding upon Interested Party and all of its Representatives and Interested Party shall be responsible for any breach of this Agreement by any such Representative (it being understood that such responsibility shall be in addition to and not by way of limitation of any right or remedy Company may have against any such Representative with respect to such breach). In the event that Interested Party becomes aware of any unauthorized disclosure or use of any Confidential Information or other breach of this Agreement, then Interested Party shall immediately notify Company of the particulars thereof.
Sample 1
Applicability of Obligations. The terms contained in Section 13.3 shall apply to any Confidential Information disclosed to the Receiving Party during the Term of this Agreement and shall apply to any Confidential Information disclosed earlier to the Receiving Party to the extent the Parties began discussions concerning this Agreement prior to the Effective Date. The obligations of the Receiving Party and any of its representatives as to the Confidential Information it has received hereunder shall continue in full force and effect for the periods set forth in Section 13.3.3 of this Agreement regardless of any attempted or actual termination or expiration hereof.
Sample 1

Related to Applicability of Obligations

  • Applicability of ISP and UCP Unless otherwise expressly agreed by the L/C Issuer and the Borrower when a Letter of Credit is issued (including any such agreement applicable to an Existing Letter of Credit), (i) the rules of the ISP shall apply to each standby Letter of Credit, and (ii) the rules of the Uniform Customs and Practice for Documentary Credits, as most recently published by the International Chamber of Commerce at the time of issuance shall apply to each commercial Letter of Credit.

  • Applicability of ISP Unless otherwise expressly agreed by the L/C Issuer and the Borrower when a Letter of Credit is issued, the rules of the ISP shall apply to each Letter of Credit.

  • Applicability of ISP98 and UCP Unless otherwise expressly agreed to by the L/C Issuer and the Borrower when a Letter of Credit is issued, (i) the rules of the “International Standby Practices 1998” published by the Institute of International Banking Law & Practice (or such later version thereof as may be in effect at the time of issuance) shall apply to each standby Letter of Credit and (ii) the rules of the Uniform Customs and Practice for Documentary Credits, as most recently published by the International Chamber of Commerce (the “ICC”) at the time of issuance shall apply to each commercial Letter of Credit.

  • Enforceability of Obligations This Agreement constitutes a valid and binding obligation of the Purchaser enforceable against the Purchaser in accordance with its terms subject, however, to limitations on enforcement imposed by bankruptcy, insolvency, reorganization or other laws affecting creditors' rights generally and to the extent that equitable remedies such as specific performance and injunctions are only available in the discretion of the court from which they are sought.

  • Applicability of ISP98 Unless otherwise expressly agreed by the L/C Issuer and the Borrower when a Letter of Credit is issued (including any such agreement applicable to an Existing Letter of Credit), the rules of the “International Standby Practices 1998” published by the Institute of International Banking Law & Practice (or such later version thereof as may be in effect at the time of issuance) shall apply to each Letter of Credit.

  • Applicability of Rights The Holders (as defined below) shall be entitled to the following rights with respect to any proposed public offering of the Company’s Ordinary Shares in the United States and shall be entitled to reasonably equivalent or analogous rights with respect to any other offering of the Company’s securities in Hong Kong or any other jurisdiction in which the Company undertakes to publicly offer or list such securities for trading on a recognized securities exchange.

  • Priority of Obligations The Company will ensure that its payment obligations under this Agreement and the Notes will at all times rank at least pari passu, without preference or priority, with all other unsecured and unsubordinated Indebtedness of the Company.

  • Applicability of Rule 419 Upon delivery and payment for the Units on the Closing Date and each Additional Closing Date, the Company will not be subject to Rule 419 under the Securities Act and none of the Company’s outstanding securities will be deemed to be a “xxxxx stock” as defined in Rule 3a51-1 under the Exchange Act.

  • Duration of Obligations The Manager’s obligation to provide Disentanglement Services will continue during the period commencing on the date that a Termination Notice is delivered and ending on the date on which the Successor Manager or the re-engaged Manager assumes all of the obligations of the Manager hereunder (the “Disentanglement Period”).

  • Applicability of Plan The Option and the shares of Common Stock issued to the Optionee upon exercise of the Option shall be subject to all of the terms and provisions of the Plan, to the extent applicable to the Option and such shares. In the event of any conflict between this Agreement and the Plan, the terms of the Plan shall control.

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