Intended Beneficiary. Purchaser and Seller hereby acknowledge that the Purchase Price for the Purchased Assets may be funded from a loan provided by State Street Bank and Trust Company to Purchaser; therefore, in the event that State Street Bank and Trust Company participates in the funding of this transaction, Purchaser and Seller further acknowledge that State Street Bank and Trust Company is an intended beneficiary of this Agreement and shall rely upon the representations, warranties and agreements of Purchaser and Seller contained herein.
Intended Beneficiary. Employee and Employer expressly agree that Energy Fuels Inc. and each of Employer's and Energy Fuels Inc.'s parent, subsidiary, and affiliated businesses are intended beneficiaries of this Confidentiality and Non-Solicitation Agreement. The intended beneficiaries of this Confidentiality and Non-Solicitation Agreement shall have the right to enforce the terms of this Confidentiality and Non-Solicitation Agreement and to recover damages for breach of this Confidentiality and Non-Solicitation Agreement.
Intended Beneficiary. Buyer and any successive purchasers of the goods and services covered hereby retain and shall be entitled to assert all rights and claims available to them at law or equity against Seller in respect of the transactions subject to this Purchase Order. There are no third party beneficiaries to this agreement except Buyer’s customers are intended third party beneficiaries to Section 13 (Warranty), Section 14 (Indemnity), Section 15 (Duty to Correct), Section 19 (License for all Purposes) and Section 20 (Compliance with Laws).
Intended Beneficiary. The Purchaser is the intended beneficiary of the foregoing covenants and shall have the right to enforce its rights against Celestial, BWTP or their respective successors or assignees for any breach of the foregoing covenants.
Intended Beneficiary. Employee and the Company expressly agree that EFI, EFRI. and each of EFI's other subsidiary, and affiliated businesses are intended beneficiaries of this Confidentiality and Non-Solicitation Agreement. The intended beneficiaries of this Confidentiality and Non-Solicitation Agreement shall have the right to enforce the terms of this Confidentiality and Non-Solicitation Agreement and to recover damages for breach of this Confidentiality and Non-Solicitation Agreement.
Intended Beneficiary. The parties intend that the Investor, and its successors and assigns (including, without limitation, successors, assigns and transferees of the Investor’s interest in the Fund), is a direct beneficiary of this Guaranty and that the Investor, and its successors, assigns and transferees of the Investor’s interest in the Fund, shall have the right to directly enforce the Guarantors’ obligations hereunder. No person other than the Investor (and its successors, assigns and transferees of the Investor’s interest in the Fund), may directly or indirectly rely upon or enforce the provisions of this Guaranty, whether as a third party beneficiary or otherwise.
Intended Beneficiary. The Parties agree and acknowledge that Liquidmetal is an intended third-party beneficiary of each Parties’ obligations and duties hereunder and that Liquidmetal shall have the right to enforce any of the provisions of this Agreement.
Intended Beneficiary. Administrative Agent is an intended beneficiary of the Hedge. Whenever any Event of Default exists under the Loan Agreement, Administrative Agent may exercise any right or remedy, and give any notice, under the Hedge, with no need for Borrower’s consent, confirmation, or signature. Counterparty shall perform accordingly under the Hedge.
Intended Beneficiary. DAS PS is an intended beneficiary of this Contract. However, the parties to this Contract may modify the ordering instrument or terminate this Contract without the consent of DAS PS.
Intended Beneficiary. Lender is an intended beneficiary of the Hedge. Whenever any Event of Default exists, Lender may exercise any right, and give any notice, under the Hedge, with no need for Borrower’s consent, confirmation, or signature. Swap Provider shall perform accordingly under the Hedge.
