Neither of the Parties shall be liable for a failure to perform any of its obligations insofar as it proves:
Neither of the Parties hereto may assign its rights or delegate any of its duties under this Agreement without the prior written consent of each other Party. This Agreement shall be binding upon, and shall inure to the benefit of, the Parties hereto and their respective successors and permitted assigns. Nothing contained in this Agreement, express or implied, is intended to confer any benefits, rights or remedies upon any Person other than members of the PEC Group and the Patriot Group and the PEC Indemnitees and Patriot Indemnitees under Article VI hereof.
Neither of the Parties shall be liable for full or partial non-fulfillment of its obligations hereunder, if such is the result of the circumstances of force majeure.
Neither of the Parties shall describe itself as the agent of the other, nor shall it make or represent that it has authority to make any commitments on the other Party’s behalf.
Neither of the Parties may assign this Agreement without the prior written consent of the other Party.
Neither of the Parties may transfer the rights under this Agreement to third parties without the prior written agreement of the other Party. This Agreement can only be adjusted or changed if this is accepted and signed in writing between both Parties.
Neither of the Parties shall be entitled to assign its rights and obligations following from this Agreement to any third party without the prior written consent of the other Party, unless such assignment is expressly permitted by this Agreement. This Agreement is and shall be binding also for the heirs and/or legal successors of the Parties, where each of the Parties agrees to perform any and all acts necessary to this end. In case of passage of the rights and obligations following from this Agreement on the basis of an act of any Party (including, but not limited to, a merger, transfer or contribution of a business or part thereof, transfer of assets or any other dispositions with assets), the Party, whose rights have thus been transferred, shall guarantee fulfillment of the devolved obligations. No provision hereof shall establish any rights of obligations of third parties that are not the Parties, unless expressly stipulated otherwise in this Agreement. initials
Neither of the Parties shall be held liable for breaching this Contract, or in any other manner liable to the other party, for any delay in the performance of, or failure to fulfill, any of the contractual obligations, if such delay in the performance of the contractual obligations or failure to fulfill them is due to a Force Majeure event that was reported to the other party, and the time for fulfilling such obligation shall be extended by mutual agreement.
Neither of the Parties to this Agreement shall sign, cede or transfer or purport to assign, cede or transfer any of its rights or obligations under this agreement without the prior written consent of the other.
Neither of the Parties shall have a claim or cause of action based on a finding that any provision of this Agreement is invalid for any reason. If any provision of this Agreement is declared by a court of competent jurisdiction to be invalid, that provision shall be deemed to be severed from this Agreement, and the remainder of this Agreement shall continue in full force and effect, and the Parties shall make best efforts to amend this Agreement to remedy the invalidity or replace the invalid provision.
