Common use of Failure to Satisfy Conditions Clause in Contracts

Failure to Satisfy Conditions. If any condition specified in this Section 5 shall not have been fulfilled when and as required to be fulfilled, the Distribution Agreement may be terminated by any Agent (as to itself only) by notice to the Company and the Trust at any time and any such termination shall be without liability of any party to any other party except as provided in Section 12 hereof and except that Section 7, Section 8.2, Section 10 and Section 11 hereof shall survive any such termination and remain in full force and effect.

Failure to Satisfy Conditions. If any condition specified in this Section 5 SECTION 4 shall not have been fulfilled when and as required to be fulfilled, the this Distribution Agreement may be terminated by any Agent (as to itself only) by notice to the Company and the Trust at any time and any such termination shall be without liability of any party to any other party except as provided in Section 12 SECTION 11 hereof and except that Section 7SECTION 6, Section 8.2SECTION 7.2, Section SECTION 9 and SECTION 10 and Section 11 hereof shall survive any such termination and remain in full force and effect.

Failure to Satisfy Conditions. If any condition specified in this Section 5 4 shall not have been fulfilled when and as required to be fulfilled, the Distribution Agreement may be terminated by any Agent (as to itself only) by notice to the Company and the Trust at any time and any such termination shall be without liability of any party to any other party except as provided in Section 12 11 hereof and except that Section 7, Section 8.2, Section 10 and Section 11 hereof shall survive any such termination and remain in full force and effect.6,