Common use of Effect of Agreement; No Third Party Beneficiaries Clause in Contracts

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, each of the Seller Sellers, the Company, the Transferred Subsidiary, the Acquiror and the Purchaser their respective Affiliates hereby acknowledges and agrees, on behalf of itself and on behalf of its Affiliates, agrees that all provisions contained in this Article VIII VI are included for the sole benefit of the parties hereto, and that nothing in this Agreement, whether express or implied, (a) shall (i) 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 the Acquiror, the Sellers, the Company, the Transferred Subsidiary 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 (iic) shall create any third party beneficiary or other right (Ax) in any other Person, including including, without limitation, any current or former director, officer, employee or independent contractor of any of the SellerSellers, the Transferred Entities Company or any of their respective Affiliates Transferred Subsidiary or any participant in any Employee Plan or other employee benefit plan, agreement or other arrangement (or any dependent or beneficiary thereof), ) or (By) to continued employment with the PurchaserAcquiror, the SellerSellers, the Company, the Transferred Entities Subsidiary 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, each of the Seller and the Purchaser Buyer hereby acknowledges and agrees, on behalf of itself and on behalf of its Affiliates, that all provisions contained in this Article VIII IX are included for the sole benefit of the parties hereto, and that nothing in this Agreement, whether express or implied, shall (ia) be treated as an amendment or other modification of any Employee Plan or other employee benefit plan, agreement or other arrangement or (iib) create any third party beneficiary or other right (Ai) in any other Person, including any current or former director, officer, employee or independent contractor of any of the Seller, Selling Parties or 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 (Bii) to continued employment with the PurchaserBuyer, the Seller, the Transferred Entities or any of their respective Affiliates. Notwithstanding anything in this Article VIII IX to the contrary, to the extent any provision of this Article VIII IX conflicts with applicable Law, applicable Law shall govern.