Common use of Effect of Termination; Right to Proceed Clause in Contracts

Effect of Termination; Right to Proceed. Subject to the provisions of Section 7.1 hereof, in the event that this Agreement shall be terminated pursuant to Section 7.2, all further obligations of the parties under this Agreement shall terminate without further liability of any party hereunder except that: (i) the agreements contained in Section 4.2 shall survive the termination hereof; and (ii) termination shall not preclude any party from seeking relief against any other party for breach of Section 4.2. In the event that a condition precedent to its obligation is not met, nothing contained herein shall be deemed to require any party to terminate this Agreement, rather than to waive such condition precedent and proceed with the Contemplated Transactions.

Effect of Termination; Right to Proceed. Subject to the provisions of Section 7.1 hereof, in the event that this Agreement shall be terminated pursuant to Section 7.2, all further obligations of the parties under this Agreement shall terminate without further liability of any party hereunder except that: (i) the agreements contained in Section 4.2 shall survive the termination hereof; and (ii) termination shall not preclude any party from seeking relief against any other party for breach of Section 4.2. In the event that a condition precedent to its obligation is not met, nothing contained herein shall be deemed to require any party to terminate this Agreement, rather than to waive such condition precedent and proceed with the Contemplated Transactions.Section

Effect of Termination; Right to Proceed. Subject to the provisions of Section 7.1 hereof, in the event that this Agreement shall be terminated pursuant to Section 7.2, all further obligations of the parties under this Agreement shall terminate without further liability of any party hereunder except that: (i) the agreements contained in Section 4.2 and Section 4.3 shall survive the termination hereof; and (ii) termination shall not preclude any party from seeking relief against any other party for breach of Section 4.24.2 or Section 4.3. In the event that a condition precedent to its obligation is not met, nothing contained herein shall be deemed to require any party to terminate this Agreement, rather than to waive such condition precedent and proceed with the Contemplated Transactions.

Effect of Termination; Right to Proceed. Subject to the provisions of Section 7.1 hereof, in In the event that this Agreement shall be terminated pursuant to Section 7.2this Article VI, all further obligations of the parties under this the Agreement shall terminate without further liability of any party hereunder (except that: with respect to Section 4.6 (iConfidentiality), Section 4.7 (Public Announcements), and Section 4.8 (Expenses) the as provided below). The agreements contained in Section 4.2 Sections 4.6, 4.7 and 4.8 shall survive the termination hereof; and (ii) termination shall not preclude any party from seeking relief against any other party for breach of Section 4.2. In the event that a condition precedent to its obligation is not met, nothing contained herein shall be deemed to require any party to terminate this Agreement, rather than to waive such condition precedent and proceed with the Contemplated TransactionsMerger and the other transactions contemplated hereby.

Effect of Termination; Right to Proceed. Subject to the provisions of Section 7.1 6.1 hereof, in the event that this Agreement shall be terminated pursuant to Section 7.26.2, all further obligations of the parties under this the Agreement shall terminate without further liability of any party hereunder except that: (i) the agreements contained in Section 4.2 hereunder; PROVIDED, HOWEVER, that a party shall survive the termination hereof; and (ii) termination shall not preclude any party from seeking relief against any other party remain liable for its breach of Section 4.2any of its representations, warranties or obligations under this Agreement. In the event that a condition precedent to its obligation is not met, nothing contained herein shall be deemed to require any party to terminate this Agreement, rather than to waive such condition precedent and proceed with the Contemplated Transactions.

Effect of Termination; Right to Proceed. Subject to the provisions of Section 7.1 hereof, in the event that this Agreement shall be terminated pursuant to Section 7.2, all further obligations of the parties under this Agreement shall terminate without further liability of any party hereunder except that: that (i) the agreements contained in Section 4.2 Sections 4.8, 4.9 and 4.10 shall survive the termination hereof; hereof and (ii) termination shall not preclude any party from seeking relief against any other party for breach of Section 4.2this Agreement. In the event that a condition precedent to its obligation is not met, nothing contained herein shall be deemed to require any party to terminate this Agreement, rather than to waive such condition precedent and proceed with the Contemplated Transactions.

Effect of Termination; Right to Proceed. Subject to the provisions of Section 7.1 hereof, in the event that this Agreement shall be terminated pursuant to Section 7.2, all further obligations of the parties under this Agreement shall terminate without further liability of any party hereunder except that: (i) the agreements contained in Section 4.2 shall survive the termination hereof; and (ii) termination shall not preclude any party from seeking relief against any other party for breach of Section 4.2. In the event that a condition precedent to its obligation is not met, nothing contained herein shall be deemed to require any party to terminate this Agreement, rather than to waive such condition precedent and proceed with the Contemplated Transactions.. ARTICLE VIII

Effect of Termination; Right to Proceed. Subject to the provisions of Section 7.1 hereof, in In the event that this Agreement shall be terminated pursuant to Section 7.28.1, all further obligations of the parties under this Agreement shall terminate without further liability of any party hereunder except that: (i) to the extent that any condition to a party's obligations hereunder became incapable of fulfillment because of the breach by a party of its obligations hereunder and except (ii) that the agreements contained in Section 4.2 5.7 shall survive the termination hereof; and (ii) termination shall not preclude any party from seeking relief against any other party for breach of Section 4.2. In the event that a condition precedent to its obligation is not met, nothing contained herein shall be deemed to require any party to terminate this Agreement, rather than to waive such condition precedent and proceed with the Contemplated Transactionstransactions contemplated hereby.

Effect of Termination; Right to Proceed. Subject to the provisions of Section 7.1 hereof, in In the event --------------------------------------- that this Agreement shall be terminated pursuant to Section 7.2(b) or (f), all further obligations of the parties under this the Agreement shall terminate without further liability of any party hereunder (except that: (i) the with respect to Section 4.6, 4.8, 4.9 and 4.10 as provided below). The agreements contained in Section 4.2 Sections 4.6, 4.8, 4.9 and 4.10 shall survive the termination hereof; and (ii) termination shall not preclude any party from seeking relief against any other party for breach of Section 4.2. In the event that a condition precedent to its obligation is not met, nothing contained herein shall be deemed to require any party to terminate this Agreement, rather than to waive such condition precedent and proceed with the Contemplated Transactions.

Effect of Termination; Right to Proceed. Subject to the provisions of Section 7.1 hereof, in the event that this Agreement shall be terminated pursuant to Section 7.2, all further obligations of the parties under this Agreement shall terminate without further liability of any party hereunder except that: (i) the agreements contained in Section 4.2 and Section 4.3 shall survive the termination hereof; and (ii) termination shall not preclude any party from seeking relief against any other party for breach of Section 4.24.2 or Section 4.3. In the event that a condition precedent to its obligation is not met, nothing contained herein shall be deemed to require any party to terminate this Agreement, rather than to waive such condition precedent and proceed with the Contemplated Transactions.. Zeon-BlueStar Stock Purchase & Recap Agmt Final