ASSIGNMENT OF CONTRACTS, RIGHTS, ETC. Anything contained in this Agreement to the contrary notwithstanding, this Agreement shall not constitute an agreement or attempted agreement to transfer, sublease or assign any contract, license, lease, sales order, purchase order or other agreement or any claim or right of any benefit arising thereunder or resulting therefrom or any permit or operating authority if an attempted transfer, sublease or assignment thereof, without the consent of any other party thereto, would constitute a breach thereof or in any way affect the rights of Purchaser thereunder. Seller and Purchaser shall use their respective best efforts, and shall cooperate with each other, to obtain the consent of such third party to any of the foregoing to the assignment or transfer thereof to Purchaser in all cases in which such consent is required for assignment or transfer. If such consent is not obtained, Seller shall cooperate with Purchaser in any arrangements necessary or desirable to provide for Purchaser the benefits thereunder, including without, limitation, enforcement for the benefit of Purchaser of any and all rights of Seller thereof against the other party thereto arising out of the cancellation by such other party or otherwise.
Appears in 2 contracts
Samples: Assignment and Acceptance Agreement (Pathnet Telecommunications Inc), Assignment and Acceptance Agreement (Pathnet Telecommunications Inc)
ASSIGNMENT OF CONTRACTS, RIGHTS, ETC. Anything contained in this Agreement to the contrary notwithstanding, this Agreement shall not constitute an agreement or attempted agreement to transfer, sublease or assign any contract, license, lease, sales order, purchase order or other agreement or any claim or right of any benefit arising thereunder or resulting therefrom or any permit or operating authority if an attempted transfer, sublease or assignment thereof, without the consent of any other party thereto, would constitute a breach thereof or in any way affect the rights of Purchaser thereunder. Seller and Purchaser shall use their respective best efforts, and shall cooperate with each other, to obtain the consent of such third party to any of the foregoing to the assignment or transfer thereof to Purchaser in all cases in which such consent is required for assignment or transfer. If such consent is not obtained, Seller shall cooperate with Purchaser in any arrangements necessary or desirable to provide for Purchaser the benefits thereunder, including withoutincluding, without limitation, enforcement for the benefit of Purchaser of any and all rights of Seller thereof against the other party thereto arising out of the cancellation by such other party or otherwise.
Appears in 2 contracts
Samples: Assignment and Acceptance Agreement (Pathnet Telecommunications Inc), Assignment and Acceptance Agreement (Pathnet Telecommunications Inc)