Exclusivity of Agreement. This entire MOA is intended to be an agreement solely between the parties hereto and for their benefit only. No part of the MOA shall be construed to add to, supplement, amend, abridge or repeal existing duties, rights, benefits or privileges of any third party or parties, including but not limited to employees of either of the parties.
Exclusivity of Agreement. The benefits provided in this Agreement are in lieu of any other severance-type benefits provided by the Company under any other plan, agreement, arrangement or policy, notwithstanding the terms of any such other plan, agreement, arrangement or policy.
Exclusivity of Agreement. Except as otherwise expressly provided to the contrary, the rights herein granted and this Agreement are for the benefit of the Parties hereto and are not for the benefit of any Third Person, firm or corporation, and nothing herein contained shall be construed to create any rights in any Third Party under, as the result of, or in connection with this Agreement.
Exclusivity of Agreement. This Agreement is personal and special, and exclusively defines the entire relationship between the Company and the Employee and all compensation and/or benefits to which the Employee is entitled from the Company. This Agreement supersedes any prior agreements, understandings and arrangements, oral or written, applied, exchanged or signed between the parties hereto with respect to the subject matter hereof. The Employee shall not be entitled to, and shall not demand, any other compensation and/or benefit from the Company, unless explicitly provided for hereunder, and no practice and/or custom existing between the Company and other employees, if any, shall apply to the relationship between the Employee and the Company, unless explicitly incorporated into this Agreement, and then only to the extent so incorporated. This Agreement shall be considered as a notification of the terms of employment as required by law.
Exclusivity of Agreement. The Parties have voluntarily agreed to define their rights, liabilities, and obligations in respect of the subject matter of this Agreement exclusively in contract pursuant to the express terms and provisions of this Agreement and the Collateral Agreements; and the Parties expressly disclaim that they are owed any duties or are entitled to any remedies not expressly set forth in this Agreement or the Collateral Agreements. Furthermore, the Parties each hereby acknowledge that this Agreement and the Collateral Agreements embody the justifiable expectations of sophisticated parties derived from arm’s-length negotiations; all Parties specifically acknowledge that no Party has any special relationship with another party that would justify any expectation beyond that of an ordinary acquiror and an ordinary target in an arm’s-length transaction. The sole and exclusive remedies for any breach of the terms and provisions of this Agreement (including any representations and warranties set forth herein) shall be those remedies available at law or in equity for breach of contract only (as such contractual remedies may be further limited or excluded pursuant to the express terms of this Agreement); and the Parties hereby waive and release any and all tort claims and causes of action that may be based upon, arise out of, or relate to this Agreement, or the negotiation, execution, or performance of this Agreement (including any tort claim or cause of action based upon, arising out of, or related to any representation or warranty made in or in connection with this Agreement or as an inducement to enter into this Agreement), except in the case of Fraud.
Exclusivity of Agreement. The parties hereto have voluntarily agreed to define their rights, liabilities and obligations respecting the subject matter of this Agreement exclusively in contract pursuant to the express terms and provisions of this Agreement, and the parties hereto expressly disclaim that they are owed any duties or are entitled to any remedies not expressly set forth in this Agreement. The sole and exclusive remedies for any breach of the terms and provisions of this Agreement (including any representations and warranties set forth herein) shall be those remedies available at law or in equity for breach of contract only (as such contractual remedies may be further limited or excluded pursuant to the express terms of this Agreement), and the parties hereto hereby waive and release any and all tort claims and causes of action that may be based upon, arise out of or relate to this Agreement, or the negotiation, execution or performance of this Agreement (including any tort claim or cause of action based upon, arising out of or related to any representation or warranty made in or in connection with this Agreement or as an inducement to enter into this Agreement).
Exclusivity of Agreement. This Agreement grants exclusive rights for the subject matter of this Agreement to Selling Agent for each and every Territory described in Exhibit D. Subject to Selling Agents meeting any minimum performance standards described herein. Not withstanding anything to the contrary herein, Selling agent shall have non-exclusive rights with respect to the marketing of power within each Territory.
Exclusivity of Agreement. Classic shall have the exclusive right to market and sell the car described above. Consignor shall not have the right to sell the property described hereinabove for his/her own account. If Consignor does sell the car listed in this Agreement, Classic shall nonetheless be entitled to payment for the sale of such consignment on the terms and conditions of this Agreement.
Exclusivity of Agreement. The Parties have voluntarily agreed to define their rights, liabilities, and obligations respecting the subject matter of this Agreement exclusively in contract pursuant to the express terms and provisions of this Agreement; and the Parties expressly disclaim that they are owed any duties or are entitled to any remedies not expressly set forth in this Agreement. Furthermore, the Parties each hereby acknowledge that this Agreement embodies the justifiable expectations of sophisticated parties derived from arm’s-length negotiations; all Parties specifically acknowledge that no Party has any special relationship with another party that would justify any expectation beyond that of an ordinary acquiror and an ordinary target in an arm’s-length transaction. The sole and exclusive remedies for any breach of the terms and provisions of this Agreement (including any representations and warranties set forth herein) shall be those remedies set forth herein.
Exclusivity of Agreement. A. CLICA and CLAFS hereby agree not to develop, market or otherwise engage in the sale of other individual or group variable annuities distributed through selling agreements with NYSE member firms or other broker-dealers as agreed to by the parties from time to time, for five years from the effective date of this Agreement, without the prior written consent of Xxxxxxxx Financial subject to the following: (i) This provision is not applicable to and will in no way limit the further development and distribution of CLICA's existing individual (VariFund) and group (The Canada Life 401(k)) variable annuity products or amendments thereto; (ii) The exclusive nature of this Agreement will be reassessed by the parties and the exclusive nature of this Agreement may be terminated by either CLICA or Xxxxxxxx Financial, upon 180 days notice, if this venture is not successful in achieving the total assets under management through individual and group annuity sales by the end of the year specified below. Year End 1994 $ 50 million 1995 $100 million 1996 $150 million 1997 $250 million CLICA and Xxxxxxxx Financial believe that these levels of production are achievable and will work together in a spirit of cooperation to achieve the success of this venture.
