Common use of Extension to Affiliates Clause in Contracts

Extension to Affiliates. Any Company “Affiliate” may issue a PO or SOW under this MSA. An “Affiliate” with respect to either party shall mean any entity, including without limitation, any individual, corporation, company, partnership, limited liability company or group, that directly, or indirectly through one or more intermediaries, controls, is controlled by or is under common control with such party. In the event that any Company Affiliate issues any PO or SOW pursuant to this Agreement, such PO or SOW: (i) shall incorporate by reference the terms of this Agreement; (ii) shall be deemed a separate contract between the parties who sign it; and (iii) is an independent contractual obligation from any other PO or SOW. The term “Company” as used in this Agreement shall, for the purposes of any PO or SOW, issued by a Company Affiliate hereunder, be deemed to include only the Company Affiliate issuing such PO or SOW. The parties expressly agree that COMPANY SHALL HAVE NO LIABILITY NOR SHALL COMPANY INCUR ANY OBLIGATION OR BE RESPONSIBLE FOR THE FAILURE OF ANY COMPANY AFFILIATE TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT OR ANY PO OR SOW PLACED HEREUNDER.

Extension to Affiliates. Any Company “Affiliate” may issue a PO or SOW under this MSA. An “Affiliate” with respect to either party shall mean any entity, including without limitation, any individual, corporation, company, partnership, limited liability company or group, that directly, or indirectly through one or more intermediaries, controls, is controlled by or is under common control with such party. In the event that any Company Affiliate issues any PO or SOW pursuant to this Agreement, such PO or SOW: (i) shall incorporate by reference the terms of this Agreement; , (ii) shall be deemed a separate contract between the parties who sign it; it and (iii) is an independent contractual obligation from any other PO or SOW. The term “Company” as used in this Agreement shall, for the purposes of any PO or SOW, issued by a Company Affiliate hereunder, be deemed to include only the Company Affiliate issuing such PO or SOW. The parties expressly agree that COMPANY SHALL HAVE NO LIABILITY NOR SHALL COMPANY INCUR ANY OBLIGATION OR BE RESPONSIBLE FOR THE FAILURE OF ANY COMPANY AFFILIATE TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT OR ANY PO OR SOW PLACED HEREUNDER.