Conflicting Agreements. In the event of conflict between this Agreement and any Ancillary Agreement or other agreement executed in connection herewith, the provisions of such other agreement shall prevail.
Appears in 38 contracts
Samples: Distribution Agreement (Marlborough Software Development Holdings Inc.), Separation and Distribution Agreement (Omega Flex, Inc.), Separation and Distribution Agreement (InB:Biotechnologies, Inc.)
Conflicting Agreements. In the event of any irreconcilable conflict between this Agreement and any Ancillary Agreement or other agreement executed in connection herewith, the provisions of such other agreement Ancillary Agreement shall prevailprevail to the extent that they specifically address the subject matter of the conflict.
Appears in 8 contracts
Samples: Master Separation Agreement (Tality Corp), Master Separation Agreement (Cadence Design Systems Inc), Master Separation Agreement (Tality Corp)
Conflicting Agreements. In the event of any irreconcilable conflict between this Agreement and the Separation Agreement, any other Ancillary Agreement or other agreement executed in connection herewithherewith or therewith, the provisions of such other agreement shall prevailprevail to the extent that they specifically address the subject matter of the conflict.
Appears in 7 contracts
Samples: Master Intellectual Property Ownership and License Agreement (Tality Corp), Master Intellectual Property Ownership and License Agreement (Tality Corp), Master Intellectual Property Ownership and License Agreement (Cadence Design Systems Inc)
Conflicting Agreements. In the event of conflict between this Agreement and any Ancillary Agreement or other agreement executed on or prior to the Effective Date in connection herewithwith the subject matter hereof, the provisions of such other agreement this Agreement shall prevail.
Appears in 7 contracts
Samples: Registration Rights Agreement (Covisint Corp), Shared Services Agreement (ContraVir Pharmaceuticals, Inc.), Compuware Services Agreement (Covisint Corp)
Conflicting Agreements. In the event of conflict between this Agreement and any Ancillary Agreement or other agreement executed in connection herewith, the provisions of such other agreement shall prevail.
Appears in 7 contracts
Samples: Separation and Distribution Agreement (Carrols Restaurant Group, Inc.), Separation and Distribution Agreement (Fiesta Restaurant Group, Inc.), Separation and Distribution Agreement (Fiesta Restaurant Group, Inc.)
Conflicting Agreements. In the event of conflict between this Agreement and any other Ancillary Agreement or other agreement executed in connection herewith, the provisions of Ancillary Agreement and such other agreement shall prevail.
Appears in 5 contracts
Samples: General Assignment and Assumption Agreement (Harmonic Inc), General Assignment and Assumption Agreement (Agilent Technologies Inc), General Assignment and Assumption Agreement (C Cube Semiconductor Inc)
Conflicting Agreements. In the event of conflict between this Agreement and any other Ancillary Agreement or other agreement executed in connection herewith, the provisions of such other agreement shall prevailprevail (other than (i) as otherwise provided herein and (ii) the Separation Agreement).
Appears in 5 contracts
Samples: Asset Divestiture Agreement (Gateway Certifications, Inc.), General Assignment and Assumption Agreement (3com Corp), General Assignment and Assumption Agreement (Palm Inc)
Conflicting Agreements. In the event of conflict between this ---------------------- Agreement and any Ancillary Agreement or other agreement executed in connection herewith, the provisions of such other agreement this Agreement shall prevail.
Appears in 3 contracts
Samples: Transformation Agreement (Cabletron Systems Inc), Transformation Agreement (Aprisma Management Technologies Inc), Transformation Agreement (Cabletron Systems Inc)
Conflicting Agreements. In the event of conflict between this Agreement and any Ancillary Agreement or other agreement executed in connection herewith, the provisions of such other agreement this Agreement shall prevail. However, to the extent that any Ancillary Agreement addresses an issue more specifically than such issue is addressed herein, the terms of such Ancillary Agreement shall prevail to the extent they are not in conflict with this Agreement.
Appears in 3 contracts
Samples: Master Separation and Distribution Agreement (Angiodynamics Inc), Master Separation and Distribution Agreement (Angiodynamics Inc), Master Separation and Distribution Agreement (Angiodynamics Inc)
Conflicting Agreements. In the event of conflict between this Agreement and any Ancillary Agreement or other agreement document executed in connection herewith, unless otherwise specifically provided in this Agreement, the provisions of such other agreement Ancillary Agreement or document shall prevail.
Appears in 3 contracts
Samples: Master Separation and Distribution Agreement (Axcelis Technologies Inc), Master Separation and Distribution Agreement (Axcelis Technologies Inc), Master Separation and Distribution Agreement (Axcelis Technologies Inc)
Conflicting Agreements. In the event of conflict between this Agreement and any other Ancillary Agreement or other agreement executed in connection herewith, the provisions of such other agreement shall prevailprevail (other than as otherwise provided (i) herein and (ii) in the Separation Agreement).
Appears in 3 contracts
Samples: General Assignment and Assumption Agreement (Luminent Inc), General Assignment and Assumption Agreement (Optical Access Inc), General Assignment and Assumption Agreement (Luminent Inc)
Conflicting Agreements. In the event of conflict between this Agreement and any Ancillary Agreement or other agreement executed in connection herewith, the provisions of such other agreement shall prevail; provided, however, that in the event of conflict between the indemnity provisions of this Agreement and the indemnity provisions of any Ancillary Agreement or other agreement executed in connection herewith, the indemnity provisions of this Agreement shall prevail.
Appears in 3 contracts
Samples: Master Separation and Distribution Agreement (Pharmacopeia Drug Discovery Inc), Master Separation and Distribution Agreement (Pharmacopeia Inc), Master Separation and Distribution Agreement (Pharmacopeia Drug Discovery Inc)
Conflicting Agreements. In the event of conflict between this Agreement and any other Ancillary Agreement or other agreement executed in connection herewith, the provisions of such Ancillary Agreement or other agreement shall prevail.
Appears in 3 contracts
Samples: General Assignment and Assumption Agreement (Verigy Ltd.), General Assignment and Assumption Agreement (Agilent Technologies Inc), General Assignment and Assumption Agreement (Verigy Pte. Ltd.)
Conflicting Agreements. In the event of conflict between this Agreement and any Ancillary Agreement or other agreement executed in connection herewith, the provisions of such Ancillary Agreement or other agreement agreement, as the case may be, shall prevail.
Appears in 2 contracts
Samples: Reorganization Agreement (Vectren Corp), Separation and Subscription Agreement (Dte Energy Co)
Conflicting Agreements. In the event of any irreconcilable conflict between this Agreement and Agreement, the Separation Agreement, any other Ancillary Agreement or other agreement executed in connection herewithherewith or therewith, the provisions of such other agreement shall prevailprevail to the extent that they specifically address the subject matter of the conflict.
Appears in 2 contracts
Samples: Employee Matters Agreement (Cadence Design Systems Inc), Employee Matters Agreement (Tality Corp)
Conflicting Agreements. In the event of any irreconcilable conflict between this Agreement and the Separation Agreement, any other Ancillary Agreement or other agreement executed in connection herewith, the provisions of such other agreement shall prevailprevail to the extent that they specifically address the subject matter of the conflict.
Appears in 2 contracts
Samples: Real Estate Matters Agreement (Cadence Design Systems Inc), Real Estate Matters Agreement (Tality Corp)
Conflicting Agreements. In the event of conflict between this Agreement and any Ancillary Agreement or other agreement executed on or prior to the Effective Time in connection herewithwith the subject matter hereof, the provisions of such other agreement this Agreement shall prevail.
Appears in 2 contracts
Samples: Contribution Agreement (Covisint Corp), Contribution Agreement (Covisint Corp)
Conflicting Agreements. In the event of If there is a conflict between this Agreement and any Ancillary Agreement or other agreement executed in connection herewith, the provisions of such Ancillary Agreement or other agreement shall prevail.
Appears in 2 contracts
Samples: Master Separation Agreement (Plains Exploration & Production Co L P), Master Separation Agreement (Plains Resources Inc)
Conflicting Agreements. In the event of conflict between this Agreement and any Ancillary Agreement or other agreement executed in connection herewithcontemplated hereby, the provisions of such other agreement shall prevail.
Appears in 2 contracts
Samples: Master Separation Agreement, Master Separation Agreement (Loyalty Alliance Enterprise Corp)
Conflicting Agreements. In Except as otherwise provided herein, in the event of conflict between this Agreement and any other Ancillary Agreement (excluding for this purpose the Separation Agreement) or other agreement executed in connection herewith, the provisions of such other agreement shall prevail.
Appears in 2 contracts
Samples: General Assignment and Assumption Agreement (Lsi Logic Corp), General Assignment and Assumption Agreement (Lsi Logic Storage Systems Inc)
Conflicting Agreements. In the event of conflict between this Agreement and any Ancillary Agreement other ancillary agreement or other agreement executed in connection herewith, the provisions of such other agreement this Agreement shall prevail.
Appears in 1 contract
Samples: General Assignment, Novation and Assumption Agreement (America Service Group Inc /De)
Conflicting Agreements. In the event of conflict between this Agreement and any Ancillary Agreement or other agreement executed in connection herewith, the provisions of such other agreement shall prevail.. [INTENTIONALLY LEFT BLANK]
Appears in 1 contract
Conflicting Agreements. In the event of conflict between this Agreement and any other Ancillary Agreement or other agreement executed in connection herewith, the provisions of such Ancillary Agreement or other agreement shall prevail.. [SIGNATURE PAGES FOLLOW]
Appears in 1 contract
Conflicting Agreements. In the event of conflict between this Agreement and any Ancillary Agreement or of the other agreement executed in connection herewithTransaction Agreements, the provisions of such other agreement Transaction Agreement shall prevail.
Appears in 1 contract
Samples: Master Agreement (Sipex Corp)
Conflicting Agreements. In the event of conflict between this Agreement and any Ancillary Agreement or other agreement executed in connection herewith, the provisions of such other agreement this Agreement shall prevail.
Appears in 1 contract
Conflicting Agreements. In the event of conflict between ---------------------- this Agreement and any Ancillary Agreement or other agreement executed in connection herewith, the provisions of such other agreement shall prevail.
Appears in 1 contract
Samples: Master Separation and Distribution Agreement (Seracare Life Sciences Inc)
Conflicting Agreements. In the event of conflict between this Agreement and any Ancillary Agreement or other agreement executed in connection herewith, the provisions of such that other agreement shall prevail.
Appears in 1 contract
Conflicting Agreements. In the event of conflict between this Agreement and any Ancillary Agreement or other agreement executed in connection herewith, including any agreements executed in connection with the Prior Transfers, the provisions of such other agreement shall prevail.
Appears in 1 contract
Conflicting Agreements. In the event of conflict between this Agreement and any Ancillary Agreement or other express agreement executed in connection herewithof the parties, the provisions of such other agreement shall prevailprevail unless otherwise provided herein.
Appears in 1 contract
Samples: General Assignment and Assumption Agreement (Metavante Corp)
Conflicting Agreements. In the event of conflict between this Agreement and any Ancillary Agreement or other agreement executed in connection herewith, the provisions of such other agreement shall prevail.
Appears in 1 contract
Samples: Separation and Distribution Agreement (Brenham Oil & Gas Corp.)
