Effect of Agreement; No Third Party Beneficiaries. Notwithstanding anything herein to the contrary, each of the Seller and the Purchaser hereby acknowledges and agrees, on behalf of itself and on behalf of its Affiliates, that all provisions contained in this Article VIII are included for the sole benefit of the parties hereto, and that nothing in this Agreement, whether express or implied, shall (i) be treated as an amendment or other modification of any Employee Plan or other employee benefit plan, agreement or other arrangement or (ii) create any third party beneficiary or other right (A) in any other Person, including any current or former director, officer, employee or independent contractor of any of the Seller, the Transferred Entities or any of their respective Affiliates or any participant in any Employee Plan or other employee benefit plan, agreement or other arrangement (or any dependent or beneficiary thereof), or (B) to continued employment with the Purchaser, the Seller, the Transferred Entities or any of their respective Affiliates. Notwithstanding anything in this Article VIII to the contrary, to the extent any provision of this Article VIII conflicts with applicable Law, applicable Law shall govern.
Effect of Agreement; No Third Party Beneficiaries. Notwithstanding anything herein to the contrary, the Seller, the Company, each Transferred Company, Buyer and their respective Affiliates hereby acknowledge and agree that all provisions contained in this Article VII are included for the sole benefit of the parties hereto, and that nothing in this Agreement, whether express or implied, (a) shall be treated as an amendment or other modification of any Employee Plan or other employee benefit plan, agreement or other arrangement, (b) shall limit the right of Buyer, the Seller, the Company, each Transferred Company or their respective Affiliates to amend, terminate or otherwise modify any Employee Plan or other employee benefit plan, agreement or other arrangement following the Closing Date, or (c) shall create any third party beneficiary or other right (x) in any other Person, including, without limitation, any current or former director, officer, employee or independent contractor of the Seller, the Company, the Transferred Companies or any participant in any Employee Plan or other employee benefit plan, agreement or other arrangement (or any dependent or beneficiary thereof) or (y) to continued employment or service or any terms of employment (including any particular level of compensation or benefits) with Buyer, the Seller, the Company, the Transferred Companies or any of their respective Affiliates.
Effect of Agreement; No Third Party Beneficiaries. Notwithstanding anything herein to the contrary, Parent, the Seller, each Transferred Company, Buyer and their respective Affiliates hereby acknowledge and agree that all provisions contained in this ARTICLE VI are included for the sole benefit of the Parties, and that nothing in this Agreement, whether express or implied, (a) shall be treated as an amendment or other modification of any Employee Plan or other employee benefit plan, agreement or other arrangement, or (b) shall create any third party beneficiary or other right (x) in any other Person, including any current or former director, officer, employee or independent contractor of Parent, the Seller, the Transferred Companies or any participant in any Employee Plan or other employee benefit plan, agreement or other arrangement (or any dependent or beneficiary thereof) or (y) to continued employment with Buyer, Parent, the Seller, the Transferred Companies or any of their respective Affiliates.
