No Remedy in Certain Circumstances. Each Party agrees that should any Governmental 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. Except as otherwise contemplated by this Agreement, to the extent that a Party 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 Governmental Authority, such Party shall not incur any liability or obligation unless such Party did not in good faith seek to resist or object to the imposition or entering of such Order or judgment.
Appears in 5 contracts
Samples: Merger Agreement (Rosewind CORP), Merger Agreement (Ceres Ventures, Inc.), Merger Agreement (12th Street Financial, LLC)
No Remedy in Certain Circumstances. Each Party party agrees that that, should any Governmental Authority court or other competent authority hold any provision of this Agreement or part hereof thereof to be null, void or unenforceable, or order any Party 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. Except as otherwise contemplated by this Agreement, to the extent that a Party party hereto took an action inconsistent herewith or failed to take action consistent herewith or required hereby pursuant to an Order order or judgment of a court or other competent Governmental Authorityauthority, such Party party shall not incur any liability or obligation unless such Party 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 order or judgment.
Appears in 2 contracts
Samples: Merger Agreement (Occupational Health & Rehabilitation Inc), Merger Agreement (Concentra Operating Corp)