Common use of Indulgence etc Clause in Contracts

Indulgence etc. (A) China Netcom acknowledges that its liability under this clause 7 shall not be discharged or affected in any way by time being given to the Alternate Subscriber or by any other indulgence or concession being granted to the Alternate Subscriber or by any other act, omission, dealing, matter or thing whatsoever (including without limitation any change in the constitution of the Alternate Subscriber or China Netcom, any amendment to this Deed and/or the Subscription Agreement or any such other agreement entered pursuant or ancillary hereto or the liquidation, dissolution, reconstruction or amalgamation of the Alternate Subscriber or China Netcom or the illegality or unenforceability of this Deed or such other agreement) which but for this provision might operate to release China Netcom from its obligations under this clause 7. (B) China Netcom acknowledges and agrees that its liability under clause 10 of the Subscription Agreement shall not be discharged or affected in any way by the assignment by the Subscriber of its rights, title and interest in, to and under the Subscription Agreement to the Alternate Subscriber pursuant to this Deed.

Indulgence etc. (A) China Netcom acknowledges that its liability under this clause 7 9 shall not be discharged or affected in any way by time being given to the Alternate Subscriber or by any other indulgence or concession being granted to the Alternate Subscriber or by any other act, omission, dealing, matter or thing whatsoever (including without limitation any change in the constitution of the Alternate Subscriber or China Netcom, any amendment to this Deed and/or the Subscription Agreement or any such other agreement entered pursuant or ancillary hereto or the liquidation, dissolution, reconstruction or amalgamation of the Alternate Subscriber or China Netcom or the illegality or unenforceability of this Deed Agreement or such other agreement) which but for this provision might operate to release China Netcom from its obligations under this clause 79. (B) China Netcom acknowledges and agrees that its liability under this clause 10 of the Subscription Agreement 9 shall not be discharged or affected in any way by the assignment (if any) by the Subscriber of its rights, title and interest in, to and under the Subscription rights in this Agreement to the Alternate Subscriber pursuant to this Deedunder clause 4.4.