Common use of No Remedy in Certain Circumstances Clause in Contracts

No Remedy in Certain Circumstances. Each party agrees that, should any court or other competent authority hold any provision of this Agreement or part hereof to be null, void or unenforceable, or order any party to take any action inconsistent herewith or not to take an action consistent herewith or required hereby, the validity, legality and enforceability of the remaining provisions and obligations contained or set forth herein shall not in any way be affected or impaired thereby, unless the foregoing inconsistent action or the failure to take an action constitutes a material breach of this Agreement or makes this Agreement impossible to perform, in which case this Agreement shall terminate. Notwithstanding the foregoing, or anything otherwise to the contrary contained herein, to the extent a court or other competent authority holds Section 9.12 or Section 9.17 to be null, void or unenforceable, this Agreement shall terminate automatically without liability to any Person, and the parties obligations hereunder shall no longer by valid or enforceable. Except as otherwise contemplated by this Agreement, to the extent that a party hereto took an action inconsistent herewith or failed to take action consistent herewith or required hereby pursuant to an order or judgment of a court or other competent authority, such party shall not incur any liability or obligation unless such party breached its obligations under the Confidentiality Agreement or did not in good faith seek to resist or object to the imposition or entering of such order or judgment.

No Remedy in Certain Circumstances. Each party agrees that, should any court or other competent authority hold any provision of this Transaction Agreement or part hereof to be null, void or unenforceable, or order any party to take any action inconsistent herewith or not to take an action consistent herewith or required hereby, the validity, legality and enforceability of the remaining provisions and obligations contained or set forth herein shall not in any way be affected or impaired thereby, unless the foregoing inconsistent action or the failure to take an action constitutes a material breach of this Transaction Agreement or makes this Transaction Agreement impossible to perform, in which case this Agreement shall terminate. Notwithstanding the foregoing, or anything otherwise to the contrary contained herein, to the extent a court or other competent authority holds Section 9.12 or Section 9.17 to be null, void or unenforceable, this Transaction Agreement shall terminate automatically without liability pursuant to any Person, and the parties obligations hereunder shall no longer by valid or enforceableArticle VI hereof. Except as otherwise contemplated by this Transaction Agreement, to the extent that a party hereto took an action inconsistent herewith or failed to take action consistent herewith or required hereby pursuant to an order or judgment of a court or other competent authority, such party shall not incur any liability or obligation unless such party breached its obligations under the Confidentiality Agreement Section 4.1 hereof or did not in good faith seek to resist or object to the imposition or entering of such order or judgment.

No Remedy in Certain Circumstances. Each party agrees that, should any court or other competent authority hold any provision of this Merger Agreement or part hereof to be null, void or unenforceable, or order any party to take any action inconsistent herewith or not to take an action consistent herewith or required hereby, the validity, legality and enforceability of the remaining provisions and obligations contained or set forth herein shall not in any way be affected or impaired thereby, unless the foregoing inconsistent action or the failure to take an action constitutes a material breach of this Merger Agreement or makes this the Merger Agreement impossible to perform, in which case this Merger Agreement shall terminate. Notwithstanding the foregoing, or anything otherwise may be terminated by any party pursuant to the contrary contained herein, to the extent a court or other competent authority holds Section 9.12 or Section 9.17 to be null, void or unenforceable, this Agreement shall terminate automatically without liability to any Person, and the parties obligations hereunder shall no longer by valid or enforceableArticle IX hereof. Except as otherwise contemplated by this Merger Agreement, to the extent that a party hereto took an action inconsistent herewith or failed to take action consistent herewith or required hereby pursuant to an order or judgment of a court or other competent authority, such party shall not incur any liability or obligation unless such party breached its obligations under the Confidentiality Agreement Section 6.6 hereof or did not in good faith seek to resist or object to the imposition or entering of such order or judgment.

No Remedy in Certain Circumstances. Each party agrees that, should any ---------------------------------- court or other competent authority hold any provision of this Agreement or part hereof to be null, void or unenforceable, or order any party to take any action inconsistent herewith or not to take an action consistent herewith or required hereby, the validity, legality and enforceability of the remaining provisions and obligations contained or set forth herein shall will not in any way be affected or impaired thereby, unless the foregoing inconsistent action or the failure to take an action constitutes a material breach of this Agreement or makes this Agreement impossible to perform, in which case this Agreement shall terminate. Notwithstanding the foregoing, or anything otherwise will terminate pursuant to the contrary contained herein, to the extent a court or other competent authority holds Section 9.12 or Section 9.17 to be null, void or unenforceable, this Agreement shall terminate automatically without liability to any Person, and the parties obligations hereunder shall no longer by valid or enforceableparagraph 7 hereof. Except as otherwise contemplated by this Agreement, to the extent that a party hereto took an action inconsistent herewith or failed to take action consistent herewith or required hereby pursuant to an order or judgment of a court or other competent authorityGovernmental Authority, such party shall will not incur any liability or obligation unless such party breached its obligations obligation under the Confidentiality Agreement paragraph 5.10 or did not in good faith seek to resist or object to the imposition or entering of such order or judgment.

No Remedy in Certain Circumstances. Each party agrees that, should any court or other competent authority hold any provision of this Merger Agreement or part hereof to be null, void or unenforceable, or order any party to take any action inconsistent herewith or not to take an action consistent herewith or required hereby, the validity, legality and enforceability of the remaining provisions and obligations contained or set forth herein shall not in any way be affected or impaired thereby, unless the foregoing inconsistent action or the failure to take an action constitutes a material breach of this Merger Agreement or makes this the Merger Agreement impossible to perform, perform in which case this Agreement shall terminate. Notwithstanding the foregoing, or anything otherwise to the contrary contained herein, to the extent a court or other competent authority holds Section 9.12 or Section 9.17 to be null, void or unenforceable, this Merger Agreement shall terminate automatically without liability pursuant to any Person, and the parties obligations hereunder shall no longer by valid or enforceableArticle VII hereof. Except as otherwise contemplated by this Merger Agreement, to the extent that a party hereto took an action inconsistent herewith or failed to take action consistent herewith or required hereby pursuant to an order or judgment of a court or other competent authority, such party shall not incur any liability or obligation unless such party breached its obligations under the Confidentiality Agreement Section 5.03 hereof or did not in good faith seek to resist or object to the imposition or entering of such order or judgment.

No Remedy in Certain Circumstances. Each party agrees that, should any court or other competent authority hold any provision of this Merger Agreement or part hereof to be null, void or unenforceableunenforce­able, or order any party to take any action inconsistent herewith or not to take an action consistent herewith or required hereby, the validity, legality and enforceability of the remaining provisions and obligations contained or set forth herein shall not in any way be affected or impaired thereby, unless the foregoing inconsistent action or the failure to take an action constitutes a material breach of this Merger Agreement or makes this the Merger Agreement impossible to perform, perform in which case this Agreement shall terminate. Notwithstanding the foregoing, or anything otherwise to the contrary contained herein, to the extent a court or other competent authority holds Section 9.12 or Section 9.17 to be null, void or unenforceable, this Agreement shall terminate automatically without liability to any Person, and the parties obligations hereunder shall no longer by valid or enforceable. Except as otherwise contemplated by this Merger Agreement, to the extent that a party hereto took an action inconsistent herewith or failed to take action consistent herewith or required hereby pursuant to an order or judgment of a court or other competent authority, such party shall not incur any liability or obligation unless such party breached its obligations under the Confidentiality this Merger Agreement or did not in good faith seek to resist or object to the imposition or entering of such order or judgment.