Common use of In the Event of Termination Clause in Contracts

In the Event of Termination. In the event of termination of this --------------------------- Agreement: (1) Each party will redeliver all documents, work papers and other material of any other party relating to the transactions contemplated hereby, whether so obtained before or after the execution hereof, to the party furnishing the same; (2) The provisions of the Mutual Non-Disclosure Agreement (the "Mutual Non-Disclosure Agreement"), dated as of November 9, 2000, by and between Parent and the Company shall continue in full force and effect; and (3) No party hereto shall have any liability or further obligation to any other party to this Agreement, except as stated in subsections (i), (ii) and (iii) of this Section 11.1(b), except for any willful breach of this Agreement occurring prior to the proper termination of this Agreement. The foregoing provisions shall not limit or restrict the availability of specific performance or other injunctive relief to the extent that specific performance or such other relief would otherwise be available to a party hereunder.

In the Event of Termination. In the event of termination --------------------------- of this --------------------------- Agreement: (1i) Each party will redeliver all documents, work papers and other material of any other party relating to the transactions contemplated hereby, whether so obtained before or after the execution hereof, to the party furnishing the same; (2ii) The provisions of the Mutual Non-Disclosure Confidentiality Agreement (the "Mutual Non-Disclosure Agreement"), dated as of November 9, 2000, by and between Parent and the Company shall continue in full force and effect; and (3iii) No party hereto shall have any liability or further obligation Liability to any other party to this Agreement, except as stated in subsections (i), (ii) and (iiiii) of this Section 11.1(b), except for any willful breach of this Agreement occurring prior to the proper termination of this Agreement. The foregoing provisions shall not limit or restrict the availability of specific performance or other injunctive relief to the extent that specific performance or such other relief would otherwise be available to a party hereunder.

In the Event of Termination. In the event of termination of this --------------------------- AgreementAgreement prior to the Closing: (1i) Each party will redeliver all documents, work papers and other material of any other party relating to the transactions contemplated hereby, whether so obtained before or after the execution hereof, to the party furnishing the same; (2ii) The provisions of the Mutual Non-Disclosure Confidentiality Agreement (the "Mutual Non-Disclosure Agreement"), dated as of November 9, 2000, by and between Parent and the Company shall continue in full force and effect; and (3iii) No party hereto shall have any liability or further obligation Liability to any other party to this Agreement, except as stated in subsections (i), (iix) and (iii) of this Section 11.1(b), except for any willful breach of this Agreement occurring prior to the proper termination of this AgreementAgreement for which a party shall be fully liable and (y) as stated in subsections (i) and (ii) of this Section 10.1(b). The foregoing provisions shall not limit or restrict the availability of specific performance or other injunctive relief to the extent that specific performance or such other relief would otherwise be available to a party hereunder.

In the Event of Termination. In the event of termination of this --------------------------- Agreement: (1i) Each party will redeliver all documents, work papers and other material of any other party relating to the transactions contemplated hereby, whether so obtained before or after the execution hereof, to the party furnishing the same; (2ii) The provisions of the Mutual Non-Disclosure Agreement (the "Mutual Non-Disclosure Agreement"), dated as of November 9, 2000, by and between Parent Section 10.11 and the Company Exclusivity Letter shall continue in full force and effect; and (3iii) No party hereto shall have any liability or further obligation Liability to any other party to this Agreement, except as stated in subsections (i), (ii) and (iii) of this Section 11.1(b10.1(b), except for any willful breach of this Agreement occurring prior to the proper termination of this Agreement. The foregoing provisions shall not limit or restrict the availability of specific performance or other injunctive relief to the extent that specific performance or such other relief would otherwise be available to a party hereunder.

In the Event of Termination. In the event of termination of this --------------------------- Agreement: (1A) Each party will redeliver all documents, work papers and other material of any other party relating to the transactions contemplated hereby, whether so obtained before or after the execution hereof, to the party furnishing the same; (2B) The provisions of the Mutual Non-Disclosure Agreement Confidential Letter of Intent (the "Mutual Non-Disclosure AgreementConfidential Letter of Intent"), dated as of November 93, 20002005, by and between the Parent and the Excel Company shall be terminated and will not continue in full force and effect; and; (3C) No party hereto shall have any liability or further obligation to any other party to this Agreement, except as stated in subsections (i), (ii) and (iii) ARTICLE 9.3 of this Section 11.1(b)Agreement, except for any willful breach of this Agreement occurring prior to the proper termination of this Agreement. The foregoing provisions shall not limit or restrict the availability of specific performance or other injunctive relief to the extent that specific performance or such other relief would otherwise be available to a party hereunder.

In the Event of Termination. In the event of termination of this --------------------------- ------------------------------ Agreement: (1i) Each party will redeliver all documents, work papers and other material of any other party relating to the transactions contemplated hereby, whether so obtained before or after the execution hereof, to the party furnishing the same; (2ii) The provisions of the Mutual Non-Disclosure Confidentiality Agreement (the "Mutual Non-Disclosure Agreement"), dated as of November 9, 2000, by and between Parent and the Company shall continue in full force and effect; and (3iii) No party hereto shall have any liability or further obligation to any other party to this Agreement, except as stated in subsections (i), (ii) and (iii) of this Section 11.1(b12.11(b), except for any willful breach of this Agreement occurring prior to the proper termination of this Agreement. The foregoing provisions shall not limit or restrict the availability of specific performance or other injunctive relief to the extent that specific performance or such other relief would otherwise be available to a party hereunder.

In the Event of Termination. In the event of --------------------------- termination of this --------------------------- Agreement: (1) Each party will redeliver all documents, work papers and other material of any other party relating to the transactions contemplated hereby, whether so obtained before or after the execution hereof, to the party furnishing the same; (2) The provisions of the Mutual Non-Disclosure Agreement (the "Mutual Non-Disclosure Agreement"), dated as of November 9, 2000, by and between Parent and the Company shall continue in full force and effect; and (3) No party hereto shall have any liability or further obligation to any other party to this Agreement, except as stated in subsections (i), (ii) and (iii) of this Section 11.1(b), except for any willful breach of this Agreement occurring prior to the proper termination of this Agreement. The foregoing provisions shall not limit or restrict the availability of specific performance or other injunctive relief to the extent that specific performance or such other relief would otherwise be available to a party hereunder.

In the Event of Termination. In the event of termination of this --------------------------- Agreement: (1a) Each party will redeliver all documents, work papers and other material of any other party relating to the transactions contemplated hereby, whether so obtained before or after the execution hereof, to the party furnishing the same; (2b) The provisions of the Mutual Non-Disclosure Agreement (the "Mutual Non-Disclosure Agreement")) , dated as of November 9May 1, 2000, by and between Parent and the Company shall continue in full force and effect; and (3c) No party hereto shall have any liability or further obligation to any other party to this Agreement, except as stated in subsections (i), (ii) and (iii) of this Section 11.1(b), except for any willful breach of this Agreement occurring prior to the proper termination of this Agreement. The foregoing provisions shall not limit or restrict the availability of specific performance or other injunctive relief to the extent that specific performance or such other relief would otherwise be available to a party hereunder.