Effect of Termination Generally. If the Executive’s employment with the Company terminates for any reason (including death or disability or either party’s failure to renew this Agreement) other than Termination Upon Change of Control or Involuntary Termination, then the Executive shall be entitled to the benefits described in this Section 4 and shall have no further rights to any compensation or any other benefits from the Company or any of its affiliates.
Effect of Termination Generally. On the expiration or earlier termination of this Agreement for any reason, except as otherwise expressly provided herein, all rights and obligations of each Party hereunder shall cease.
Effect of Termination Generally. Expiration or termination of this Agreement shall not relieve the Parties of any obligation accruing prior to such expiration or termination. Any expiration or early termination of this Agreement shall be without prejudice to the rights of either Party against the other accrued or accruing under this Agreement prior to termination, including the obligation to pay royalties for Licensed Product sold prior to such termination.
Effect of Termination Generally. Expiration or termination of this Agreement shall not relieve the Parties of any obligation accruing prior to such expiration or termination, and the provisions of Article I (Definitions), Article IX (Confidentiality), Article XI (Indemnification and Limitation on Liability), Article XIII (Dispute Resolution), Article XIV (Miscellaneous) and Section 8.01, Section 10.06, Section 10.07, Section 12.01, Section 12.02(b), Section 12.03(b), Section 12.04 and Section 12.05 shall survive the expiration or termination of this Agreement. Any expiration or early termination of this Agreement shall be without prejudice to the rights of either Party against the other accrued or accruing under this Agreement prior to termination, including the obligation to pay royalties for Licensed Product sold prior to such termination.
Effect of Termination Generally. Except as otherwise set forth in this Section 9.4, in the event of a termination of this Agreement by either the Company or Parent as provided in Section 9.1 or Section 9.2, this Agreement shall forthwith become null and void and there shall be no liability or obligation on the part of Parent, Merger Sub or the Company hereunder; provided, however, that the provisions of Article I, Section 2.2(c)(iii), this Article IX, Article X and the last sentence of Section 7.4(d) shall remain in full force and effect and survive any termination of this Agreement; provided, further, that no Party shall be relieved or released from any liabilities or damages arising out of its (i) breach of any of its covenants or agreements set forth in this Agreement (including the failure by the Company to pay any amounts due pursuant to Section 9.4(b) or Section 9.4(c)) or (ii) willful or material breach of its representations or warranties set forth in this Agreement. Notwithstanding the foregoing, in no event shall any Party be liable for punitive damages.
Effect of Termination Generally. Except as otherwise set forth in this Section 8.2, in the event of a termination of this Agreement by either the Company or Parent as provided in Section 8.1, this Agreement shall forthwith become void and there shall be no liability or obligation on the part of Parent, Merger Sub or the Company or their respective officers, directors or Affiliates; provided that the provisions of Section 6.3(b), this Section 8.2, Article IX and the NDA shall remain in full force and effect and survive any termination of this Agreement. Notwithstanding the foregoing, in no event shall any Party (or any member of the Parent Group or Company Group) be liable for punitive damages.
Effect of Termination Generally. Expiration or termination of this Agreement shall not relieve the Parties of any obligation accruing prior to such expiration or termination, and the provisions of Sections 2.03, 9.01, 9.02, 9.03, 10.05, 10.06, 10.07, 12.01, 12.02(b), 12.03(b), 12.04, and 12.05, and Articles XI, XIII, and XIV shall survive the expiration or termination of this Agreement. Any expiration or early termination of this Agreement shall be without prejudice to the rights of any Party against another accrued or accruing under this Agreement prior to termination, including the obligation to pay milestone payments for any milestones achieved prior to such termination.
Effect of Termination Generally. Upon the termination or expiration of this Agreement for any reason, (a) your rights to use the Service, including any Software or Provided Equipment, and to receive Support, immediately terminate; (b) you agree to return promptly all Provided Equipment in accordance with instructions provided by Quorum, and if any Provided Equipment is not received by Quorum within 30 days of the expiration or termination of this Agreement or is received damaged (including due to your negligence in packing and shipping), you will pay Quorum the then current list price of any such Provided Equipment that was not returned or was returned damaged; and (c) you will certify in writing to Quorum that you have returned, destroyed or deleted all copies of the Software in your possession.
Effect of Termination Generally. 29 10.2.1 Existing Obligations.....................29 10.2.2 Survival.................................29 10.3
Effect of Termination Generally. (a) Except as provided in Section 11.3(a), if this Settlement Agreement is terminated or otherwise fails to take effect for any reason, it shall have no further force and effect, shall not be binding on the Parties, and shall not be used as evidence or otherwise in any litigation.
(b) If this Settlement Agreement is terminated or otherwise fails to take effect for any reason:
(i) no further Approval Hearing shall proceed;
(ii) any Approval Orders shall be set aside and declared null and void and of no force or effect, and without prejudice to any position that any of the Parties may later take on any issue in the Actions or any other litigation. Anyone attempting to rely on such orders shall be estopped from doing so;
(iii) Class Counsel in each Action shall forthwith deliver consents in writing authorizing Cathay Pacific to bring motions before each of the Courts for orders:
(A) declaring this Settlement Agreement to be null and void and of no force or effect (except for the provisions set out in Section 11.3(a));
(B) setting aside any Approval Orders;
(C) setting aside any order approving Class Counsel Fees; and
(D) directing that the balance in the Settlement Fund less any deductions provided for in this Settlement Agreement be paid to Cathay Pacific, including interest.
(iv) The Escrow Agent shall thereupon pay to Cathay Pacific the balance in the Settlement Fund, including interest, less reasonable administrative costs charged by the Escrow Agent and Cathay Pacific’s proportionate costs of notice to the extent same has already been expended in accordance with Section 9.2(a). Despite Section 2.3, if the Settlement Agreement is terminated, to the extent the balance in the Settlement Fund is paid to Cathay Pacific, Cathay Pacific shall be responsible for the payment of taxes owed with respect to income on such amounts paid to Cathay Pacific.
(c) In the event that the Settlement Agreement is terminated or otherwise fails to take effect for any reason, the Plaintiffs shall, upon request by Cathay Pacific, return to Cathay Pacific all Documents and notes or records of information (and all copies of such Documents and notes or records of information), provided by Cathay Pacific under this Settlement Agreement or otherwise. In the event any Documents and notes or records of information are incapable of being physically returned to Cathay Pacific, the Plaintiffs shall destroy all such Documents and notes or records of information (howsoever recorded) and provi...
