Common use of Delivery by Facsimile Clause in Contracts

Delivery by Facsimile. This R&D Agreement, the agreements referred to herein, and each other agreement or instrument entered into in connection herewith or contemplated hereby, and any amendments hereto or thereto, to the extent signed and delivered by means of a facsimile machine, shall be treated in all manner and respects as an original agreement or instrument and shall be considered to have the same binding legal effect as if it were the original signed version thereof delivered in person. At the request of any party hereto or to any such agreement or instrument, each other party hereto shall reexecute original forms thereof and deliver them to all other parties. No party hereto or to any such agreement or instrument shall raise the use of a facsimile machine to deliver a signature or the fact that any signature or agreement or instrument was transmitted or communicated through the use of a facsimile machine as a defense to the enforceability of a contract and each such party forever waives any such defense.

Appears in 4 contracts

Samples: Research and Development Agreement (Opnext Inc), Research and Development (Opnext Inc), Research and Development Agreement (Opnext Inc)

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Delivery by Facsimile. This R&D Agreement, the agreements referred to herein, Agreement and each other agreement or instrument entered into in connection herewith or contemplated hereby, and any amendments hereto or thereto, to the extent signed and delivered by means of a facsimile machine, shall be treated in all manner and respects as an original agreement or instrument and shall be considered to have the same binding legal effect as if it were the original signed version thereof delivered in person. At the request of any party hereto or to any such agreement or instrument, each other party hereto or thereto shall reexecute original forms thereof and deliver them to all other parties. No party hereto or to any such agreement or instrument shall raise the use of a facsimile machine to deliver a signature or the fact that any signature or agreement or instrument was transmitted or communicated through the use of a facsimile machine as a defense to the formation or enforceability of a contract contract, and each such party forever waives any such defense.

Appears in 3 contracts

Samples: Series a Preferred Stockholder Agreement (Itc Deltacom Inc), Wcas Exchange Agreement (Itc Deltacom Inc), Series D Warrant Exchange Agreement (Itc Deltacom Inc)

Delivery by Facsimile. This R&D Agreement, the agreements referred to herein, Agreement and each other agreement or instrument entered into in connection herewith or contemplated hereby, and any amendments hereto or thereto, to the extent signed and delivered by means of a facsimile machine, shall be treated in all manner and respects as an original agreement or instrument and shall be considered to have the same binding legal effect as if it were the original signed version thereof delivered in person. At the request of any party hereto or to any such agreement or instrument, each other party hereto or thereto shall reexecute re-execute original forms thereof and deliver them to all other parties. No party hereto or to any such agreement or instrument shall raise the use of a facsimile machine to deliver a signature or the fact that any signature or agreement or instrument was transmitted or communicated through the use of a facsimile machine as a defense to the formation or enforceability of a contract contract, and each such party forever waives any such defense.

Appears in 2 contracts

Samples: Exchange Agreement (Itc Deltacom Inc), Exchange Agreement (Itc Deltacom Inc)

Delivery by Facsimile. This R&D Agreement, the agreements referred to herein, Agreement and each other any signed agreement or --------------------- instrument entered into in connection herewith with this Agreement or contemplated hereby, and any amendments hereto or thereto, to the extent signed and delivered by means of a facsimile machine, shall be treated in all manner and respects as an original agreement or instrument and shall be considered to have the same binding legal effect as if it were the original signed version thereof delivered in person. At the request of any party hereto or to any such agreement or instrument, each other party hereto or thereto shall reexecute re-execute original forms thereof and deliver them to all other parties. No party hereto or to any such agreement or instrument shall raise the use of a facsimile machine to deliver a signature or the fact that any signature or agreement or instrument was transmitted or communicated through the use of a facsimile machine as a defense to the enforceability formation of a contract and each such party forever waives any such defense.

Appears in 2 contracts

Samples: Registration Agreement (Heartland Technology Inc), Members Agreement (Heartland Technology Inc)

Delivery by Facsimile. This R&D Agreement, the agreements referred to herein, Second Amendment and each other agreement or instrument entered into in connection herewith or contemplated herebyhereby or thereby, and any amendments hereto or thereto, to the extent signed and delivered by means of a facsimile machine, shall will be treated in all manner and respects as an original agreement or instrument and shall will be considered to have the same binding legal effect as if it were the original signed version thereof delivered in person. At the request of any party Party hereto or to any such agreement or instrument, each other party Party hereto shall or thereto will reexecute original forms thereof and deliver them to all other partiesParties. No party Party hereto or to any such agreement or instrument shall will raise the use of a facsimile machine to deliver a signature or the fact that any signature or agreement or instrument was transmitted or communicated through the use of a facsimile machine as a defense to the formation or enforceability of a contract and each such party forever waives any such defense.. * * * *

Appears in 1 contract

Samples: Limited Liability Company Agreement (Comple Tel LLC)

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Delivery by Facsimile. This R&D Agreement, the agreements referred to herein, Agreement and each other agreement or instrument entered into in connection herewith or therewith or contemplated herebyhereby or thereby, and any amendments hereto or thereto, to the extent signed and delivered by means of a facsimile machine, shall be treated in all manner and respects as an original agreement or instrument and shall be considered to have the same binding legal effect as if it were the original signed version thereof delivered in person. At the request of any party hereto or to any such agreement or instrument, each other party hereto or thereto shall reexecute original forms thereof and deliver them to all other parties. No party hereto or to any such agreement or instrument shall raise the use of a facsimile machine to deliver a signature or the fact that any signature or agreement or instrument was transmitted or communicated through the use of a facsimile machine as a defense to the formation or enforceability of a contract and each such party forever waives any such defense.. * * * * *

Appears in 1 contract

Samples: Advisory Agreement (Directed Electronics, Inc.)

Delivery by Facsimile. This R&D Agreement, the agreements referred to herein, The Combination Documents and each other any signed --------------------- agreement or instrument entered into in connection herewith therewith or contemplated herebythereby, and any amendments hereto or thereto, to the extent signed and delivered by means of a facsimile machine, shall be treated in all manner and respects as an original agreement or instrument and shall be considered to have the same binding legal effect as if it were the original signed version thereof delivered in person. At the request of any party hereto or to any such agreement or instrument, each other party hereto or thereto shall reexecute re-execute original forms thereof and deliver them to all other parties. No party hereto or to any such agreement or instrument shall raise the use of a facsimile machine to deliver a signature or the fact that any signature or agreement or instrument was transmitted or communicated through the use of a facsimile machine as a defense to the enforceability formation of a contract contract, and each such party forever waives any such defense.

Appears in 1 contract

Samples: Agreement and Plan of Combination (Dade International Inc)

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