Binding and Exclusive Means Sample Clauses

Binding and Exclusive Means. Except as otherwise provided in the Partnership Agreement, the dispute resolution provisions set forth in this Appendix shall be the binding and exclusive means to resolve all disputes arising under the Agreement (each a "Dispute").
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Binding and Exclusive Means. The provisions set forth in these Dispute Resolution Procedures shall be the binding and exclusive means to resolve all disputes arising under this Agreement (each a “Dispute”); provided, however, that this Exhibit A shall not limit any Party’s recourse to courts of competent jurisdiction for injunctive or equitable relief that may be necessary to protect the rights and property of such Party or maintain the status quo during the pendency of the process set forth in this Exhibit A.
Sample 1
Binding and Exclusive Means. The applicable dispute resolution provisions set forth in this Exhibit B shall be the binding and exclusive means to resolve all disputes arising under the Operating Agreement, the Partnership Agreement, the Parent Agreement, the Conditional Transfer Agreement and any other instrument entered into between members of the Lyondell Group and members of the Bayer Group that expressly provides for disputes to be exclusively resolved in accordance with these Dispute Resolution Procedures.
Sample 1
Binding and Exclusive Means. Except as otherwise set forth in Sections 9.4.6 and 18.4 of the Product Supply Agreement to which this Appendix B is attached, the dispute resolution provisions set forth in this Appendix B shall be the binding and exclusive means to resolve all disputes arising under this Agreement (each a “Dispute”); provided, however, that this Appendix B shall not limit any Party’s recourse to courts of competent jurisdiction for injunctive or equitable relief that may be necessary to protect the rights and property of such Party or maintain the status quo during the pendency of the process set forth in this Appendix B.
Sample 1
Binding and Exclusive Means. The dispute resolution provisions set forth in this Exhibit B shall be the binding and exclusive means to resolve all disputes arising under this Agreement (each a “Dispute”).
Sample 1
Binding and Exclusive Means. The dispute resolution provisions set --------------------------- forth in this Exhibit B shall be the binding and exclusive means to resolve all --------- disputes arising under the Agreement (each a "Dispute"); provided, however, that this Exhibit B shall not limit either Party's recourse to courts of competent --------- jurisdiction for injunctive or equitable relief that may be necessary to protect the rights and property of such Party or maintain the status quo before, during or after the pendency of the process set forth in this Exhibit B (except as --------- specifically set forth in Section 11.2(c)(ii) of the Partnership Agreement). If ------------------ any such Dispute also involves the Operator, then all claims among the Partners, the Partnership and the Operator shall be combined in a single proceeding pursuant to this Exhibit B and the corresponding Exhibit B to the Operating --------- Agreement.
Sample 1

Related to Binding and Exclusive Means

  • Binding Effect; Duration and Scope of Agreement This Agreement shall be binding upon and inure to the benefit of and be enforceable by the parties hereto and their respective successors and assigns (including any direct or indirect successor by purchase, merger, consolidation or otherwise to all or substantially all of the business or assets of the Corporation), spouses, heirs and personal and legal representatives. This Agreement shall continue in effect during the Indemnification Period, regardless of whether Indemnitee continues to serve as an Agent.

  • Binding Agreement; Successors (a) This Agreement will be binding upon and inure to the benefit of the Executive (and his personal representative), the Company and any successor organization or organizations which shall succeed to substantially all of the business and property of the Company, whether by means of merger, consolidation, acquisition of all or substantially of all of the assets of the Company or otherwise, including by operation of law.

  • Authorization; No Breach; Valid and Binding Agreement The execution, delivery and performance of this Agreement by Purchaser and Merger Sub and the consummation by Purchaser and Merger Sub of the Transactions have been duly and validly authorized by all requisite corporate or organizational action on the part of Purchaser and Merger Sub, and no other proceedings on the part of Purchaser or Merger Sub are necessary to authorize the execution, delivery or performance of this Agreement. The execution, delivery and performance of this Agreement by Purchaser and Merger Sub and the consummation by Purchaser and Merger Sub of the Transactions will not (a) conflict with, constitute a default under, result in a breach or violation of, (i) the provisions of Purchaser’s or Merger Sub’s certificate of formation, certificate of incorporation, limited liability company agreement, bylaws or other organizational documents, or (ii) the provision of any Law or Governmental Order applicable to Purchaser or any of its Subsidiaries; (b) require the consent, notice or other action by any Person under, conflict with, result in a violation or breach of, constitute a default under, result in the acceleration of or create in any party the right to accelerate, terminate, modify or cancel any Contract to which Purchaser or Merger Sub is a party or by which either of them is bound or to which any of their properties and assets are subject or any Permit affecting the properties, assets or business of Purchaser or Merger Sub; or (c) result in the creation or imposition of any Lien (other than Permitted Liens) upon any properties or assets of Purchaser or Merger Sub, in each case, other than with respect to (a)(i), except to the extent such conflict, default, violation, breach or Lien would not be material. This Agreement has been duly executed and delivered by Purchaser and Merger Sub and, assuming that this Agreement is a valid and binding obligation of the Company, constitutes a valid and binding obligation of Purchaser and Merger Sub, enforceable in accordance with its terms, except as enforceability may be limited by bankruptcy Laws, other similar Laws affecting creditors’ rights and general principles of equity affecting the availability of specific performance and other equitable remedies (regardless of whether considered in a proceeding in equity or at law).

  • Authority and Binding Agreement As of the Effective Date, (i) it has the corporate power and authority and the legal right to enter into this Agreement and perform its obligations hereunder; (ii) it has taken all necessary corporate action on its part required to authorize the execution and delivery of the Agreement and the performance of its obligations hereunder; and (iii) the Agreement has been duly executed and delivered on behalf of such Party, and constitutes a legal, valid, and binding obligation of such Party that is enforceable against it in accordance with its terms.

  • Binding Nature This Agreement shall be binding upon, and inure to the benefit of, the successors and personal representatives of the respective parties hereto.

  • Binding Nature of Agreement; Successors and Assigns This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors and permitted assigns as provided in this Agreement.

  • Binding Nature of Agreement This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns.

  • Binding Effects This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors, legal representatives and assigns.

  • Binding Nature of Agreement; No Assignment This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns, except that no party may assign or transfer its rights or obligations under this Agreement without the prior written consent of the other parties hereto.

  • Binding Effect of Agreement This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, assigns and legal representatives.

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