Common use of Mail and Other Communications Clause in Contracts

Mail and Other Communications. After the IPO Date, each of SAP and Qualtrics may receive mail, facsimiles, packages and other communications properly belonging to the other. Accordingly, at all times after the IPO Date, each of SAP and Qualtrics authorizes the other to receive and open all mail, facsimiles, packages and other communications received by it and not unambiguously intended for the other Party or any of the other Party’s officers or directors, and to retain the same to the extent that they either (i) relate to the business of the receiving Party or (ii) do not relate to the business of the other Party. In the event that a Party shall receive mail, facsimiles, packages or other communications that are either unambiguously intended for the other Party or any of the other Party’s officers or directors or that (x) relate to the business of the other Party and (y) do not relate to the business of the receiving Party, the receiving Party shall promptly deliver such mail, facsimiles, packages or other communications to the other Party as provided for in Section 5.8 hereof. The provisions of this Section 3.8 are not intended to, and shall not, be deemed to constitute (a) an authorization by either SAP or Qualtrics to permit the other to accept service of process on its behalf and neither Party is or shall be deemed to be the agent of the other for service of process purposes or (b) a waiver of any Privilege with respect to Privileged Information contained in such mail, facsimiles, packages or other communications.

Appears in 4 contracts

Samples: Master Transaction Agreement (Qualtrics International Inc.), Master Transaction Agreement (Qualtrics International Inc.), Master Transaction Agreement (Qualtrics International Inc.)

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Mail and Other Communications. After the IPO Closing Date, each of SAP the Seller and Qualtrics its Subsidiaries and Buyer, the Partnerships and their respective Subsidiaries may receive mail, facsimiles, packages and other communications (including electronic communications) properly belonging to the other (or the other’s Subsidiaries). Accordingly, at all times after the IPO Closing Date, each of SAP the Seller and Qualtrics Buyer authorizes the other and their respective Subsidiaries (and, in the case of the Seller, authorizes the Partnerships and their Subsidiaries) to receive and open all mail, facsimiles, packages and other communications received by it and not unambiguously intended for the other Party party (or its Subsidiaries) or any of the other Partyparty’s (or its Subsidiaries’) officers or directors, and to retain the same to the extent that they either (i) relate to such party’s business, or to the business of the receiving Party or (ii) extent that they do not relate to such party’s business, the business of the other Party. In the event that a Party receiving party shall receive promptly after becoming aware thereof refer, forward or otherwise deliver such mail, facsimiles, packages or other communications that are either unambiguously intended for (or, in case the other Party or any of the other Party’s officers or directors or that (x) same relate to the business of the other Party and (yboth parties’ businesses, copies thereof) do not relate to the business of the receiving Party, the receiving Party shall promptly deliver such mail, facsimiles, packages or other communications to the other Party as provided for in Section 5.8 hereofparty. The provisions of this Section 3.8 8.6 are not intended to, and shall not, not be deemed to to, constitute (a) an authorization by either SAP the Seller or Qualtrics Buyer to permit the other to accept service of process on its behalf and neither Party party is or shall be deemed to be the agent of the other for service of process purposes or (b) a waiver of any Privilege with respect to Privileged Information contained in such mail, facsimiles, packages or other communicationspurposes.

Appears in 1 contract

Samples: Stock Purchase Agreement (Endo Health Solutions Inc.)

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Mail and Other Communications. After the IPO Date, each of SAP EMC and Qualtrics VMware may receive mail, facsimiles, packages and other communications properly belonging to the other. Accordingly, at all times after the IPO Date, each of SAP EMC and Qualtrics VMware authorizes the other to receive and open all mail, facsimilestelegrams, packages and other communications received by it and not unambiguously intended for the other Party or any of the other Party’s officers or directors, and to retain the same to the extent that they either (i) relate to the business of the receiving Party or (ii) do not relate or, to the business of the other Party. In the event extent that a Party shall receive mail, facsimiles, packages or other communications that are either unambiguously intended for the other Party or any of the other Party’s officers or directors or that (x) relate to the business of the other Party and (y) they do not relate to the business of the receiving Party, the receiving Party shall promptly deliver such mail, facsimilestelegrams, packages or other communications communications, including, without limitation, notices of any liens or encumbrances on any asset transferred to VMware in connection with its separation from EMC, (or, in case the same relate to both businesses, copies thereof) to the other Party as provided for in Section 5.8 7.6 hereof. The provisions of this Section 3.8 are not intended to, and shall not, be deemed to constitute (a) an authorization by either SAP EMC or Qualtrics VMware to permit the other to accept service of process on its behalf and neither Party is or shall be deemed to be the agent of the other for service of process purposes or (b) a waiver of any Privilege with respect to Privileged Information contained in such mail, facsimilestelegrams, packages or other communications.

Appears in 1 contract

Samples: Master Transaction Agreement (Vmware, Inc.)

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