Nothing in Section 4 Clause Samples

Nothing in Section 4. 1.16 shall: (i) make Lender responsible for performing or completing any FF&E Replacement Work; (ii) require Lender to expend funds in addition to the FF&E Replacement Funds to perform or complete any FF&E Replacement Work; (iii) obligate Lender to proceed with any FF&E Replacement Work; or (iv) obligate Lender to demand from Borrower additional sums to perform or complete any FF&E Replacement Work.

Nothing in Section 4. 2, Paragraph 1, of this Article shall preclude the Employer and the Union from negotiating on: a. The procedures that Management officials will observe when exercising any authority granted to the Employer under Section 4.2, Paragraph 1, of this Article; or b. The appropriate arrangements that must be made for any Employee adversely affected by the exercise of any authority granted to the Employer under Section 4.2, Paragraph 1 of this Article.

Nothing in Section 4. 3.1 shall prohibit either Party from using any software or other intellectual property, including query tools and information technology tools (other than another Party's Other Technology licensed as provided in Section 4.5) developed, owned, controlled and developed outside the scope of the Crosswalk Project by such Party and not contributed by such Party to the Crosswalk Project to facilitate studies with such Party's own Database for any purpose without obligation, financial or otherwise, to the other Party.

Nothing in Section 4. 01(a) shall impair the right of any Person to enforce this Agreement, any other Transaction Agreement, the Merger Agreement or any Contract between any member of the ▇▇▇▇▇▇▇-▇▇▇▇▇▇ Group, on the one hand, and any member of the Spinco Group, on the other hand, that does not terminate as of the Distribution Date. In addition, nothing in Section 4.01(a) shall release or discharge any Person from: (i) any Liabilities or obligations under or resulting from any Contract between any member of the ▇▇▇▇▇▇▇-▇▇▇▇▇▇ Group, on the one hand, and any member of the Spinco Group, on the other hand, that does not terminate as of the Distribution Date; (ii) any Liability or obligation, assumed, transferred, assigned or allocated to the Group of which such Person is a member in accordance with, or any other Liability of any member of a Group under, this Agreement or any other Transaction Agreement or the Merger Agreement; (iii) any Liability arising from or relating to the sale, lease, manufacture, construction, provision, or receipt of goods, payment for goods, property or services purchased, obtained or used in the ordinary course of business by a member of a Group from a member of the other Group prior to the Distribution Date or any related refund claims; or (iv) any Liability the release of which would result in the release of any Person other than a member of the ▇▇▇▇▇▇▇-▇▇▇▇▇▇ Group or the Spinco Group or their respective directors, officers and employees; provided, however, that the parties agree not to and to cause the other members of their Group not to bring suit against any member of the other Group or any of their respective directors, officers and employees with respect to any such Liability.