Common use of Non-Assignment; Successors Clause in Contracts

Non-Assignment; Successors. Neither party hereto may assign his or its rights or delegate his or its duties under this Agreement without the prior written consent of the other party; provided, however, that (i) subject to the rights of the Executive under Section 13 hereof, this Agreement shall inure to the benefit of and be binding upon the successors and assigns of Enfinity upon any sale of all or substantially all of the assets of Enfinity, or upon any merger, consolidation or reorganization of Enfinity with or into any other corporation, all as though such successors and assigns of Enfinity and their respective successors and assigns were Enfinity; (ii) this Agreement shall inure to the benefit of and be binding upon the heirs, assigns or designees of the Executive to the extent of any payments due to the Executive hereunder; and (iii) this Agreement shall inure to the benefit of Enfinity. As used in this Agreement, the term "Enfinity" shall be deemed to refer to any such successor or assign of Enfinity referred to in the preceding sentence. Notwithstanding any statement contained in this Agreement to the contrary, Enfinity agrees to and shall require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of Enfinity to expressly assume and agree to perform this Agreement in the same manner and to the same extent that Enfinity would be required to perform it if no such succession had taken place. This Agreement and all rights of the Executive hereunder shall inure to the benefit of and be enforceable by the Executive's legal representative in the event of mental incapacity or by the Executive's duly appointed executors or administrators in the event of the Executive's death. If the Executive should die while any amounts are payable to him hereunder, all such amounts unless otherwise provided herein, shall be paid in accordance with the terms of this Agreement to the Executive's estate.

Non-Assignment; Successors. Neither party hereto may assign his or its rights or delegate his or its duties under this Agreement without the prior written consent of the other party; provided, however, that (i) subject to the rights of the Executive under Section 13 12 hereof, this Agreement shall inure to the benefit of and be binding upon the successors and assigns of Enfinity upon any sale of all or substantially all of the assets of Enfinity, or upon any merger, consolidation or reorganization of Enfinity with or into any other corporation, all as though such successors and assigns of Enfinity and their respective successors and assigns were Enfinity; (ii) this Agreement shall inure to the benefit of and be binding upon the heirs, assigns or designees of the Executive to the extent of any payments due to the Executive hereunder; and (iii) this Agreement shall inure to the benefit of Enfinity. As used in this Agreement, the term "Enfinity" shall be deemed to refer to any such successor or assign of Enfinity referred to in the preceding sentence. Notwithstanding any statement contained in this Agreement to the contrary, Enfinity agrees to and shall require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of Enfinity to expressly assume and agree to perform this Agreement in the same manner and to the same extent that Enfinity would be required to perform it if no such succession had taken place. This Agreement and all rights of the Executive hereunder shall inure to the benefit of and be enforceable by the Executive's legal representative in the event of mental incapacity or by the Executive's duly appointed executors or administrators in the event of the Executive's death. If the Executive should die while any amounts are payable to him hereunder, all such amounts unless otherwise provided herein, shall be paid in accordance with the terms of this Agreement to the Executive's estate.

Non-Assignment; Successors. Neither party hereto may assign his or its rights or delegate his or its duties under this Agreement without the prior written consent of the other party; provided, however, that (i) subject to the rights of the Executive under Section 13 11 hereof, this Agreement shall inure to the benefit of and be binding upon the successors and assigns of the Company or Enfinity upon any sale of all or substantially all of the assets of Enfinitythe Company, or upon any merger, consolidation or reorganization of the Company or Enfinity with or into any other corporation, all as though such successors and assigns of Enfinity the Company and their respective successors and assigns were Enfinitythe Company; (ii) this Agreement shall inure to the benefit of and be binding upon the heirs, assigns or designees of the Executive to the extent of any payments due to the Executive hereunder; and (iii) this Agreement shall inure to the benefit of Enfinitythe Company. As used in this Agreement, the term "Enfinitythe Company" shall be deemed to refer to any such successor or assign of Enfinity the Company referred to in the preceding sentence. Notwithstanding any statement contained in this Agreement to the contrary, Enfinity the Company agrees to and shall require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) to all or substantially all of the business and/or assets of Enfinity the Company to expressly assume and agree to perform this Agreement in the same manner and to the same extent that Enfinity the Company would be required to perform it if no such succession had taken place. This Agreement and all rights of the Executive hereunder shall inure to the benefit of and be enforceable by the Executive's legal representative in the event of mental incapacity or by the Executive's duly appointed executors or administrators in the event of the Executive's death. If the Executive should die while any amounts are payable to him hereunder, all such amounts unless otherwise provided herein, shall be paid in accordance with the terms of this Agreement to the Executive's estate.