Common use of Other Deliverables Clause in Contracts

Other Deliverables. Each of the items specified in Section 3.4 shall have been duly executed, as applicable, and delivered by Seller, the Company, and each other party thereto in form and substance reasonably acceptable to Buyer. Buyer and Guarantor may proceed with the Closing notwithstanding the failure of any one or more of the foregoing conditions without satisfaction, in whole or in part, thereof and without providing a written waiver. If, at any time prior to the Closing, Seller or the Company delivers to Buyer and Guarantor a written notice specifying in reasonable detail the failure of any of the conditions described in this Article VIII or the breach by Seller or the Company of any of the representations, warranties or covenants of Seller or the Company contained herein and Buyer and Guarantor proceeds with the Closing nevertheless, Buyer and Guarantor shall be deemed to have waived, for all purposes, any rights or remedies it may have against Seller and the Company with respect to the failure or breach described in such notice.

Other Deliverables. Each of the items specified in Section 3.4 3.3 shall have been duly executed, as applicable, and delivered by Seller, the Company, Buyer and Guarantor and each other party thereto in form and substance reasonably acceptable to BuyerSeller. Buyer Seller and Guarantor the Company may proceed with the Closing notwithstanding the failure of any one or more of the foregoing conditions without satisfaction, in whole or in part, thereof and without providing a written waiver. If, at any time prior to the Closing, Buyer or Guarantor deliver to Seller or the Company delivers to Buyer and Guarantor a written notice specifying in reasonable detail the failure of any of the conditions described in this Article VIII IX or the breach by Seller Buyer or the Company Guarantor of any of the representations, warranties or covenants of Seller Buyer or the Company Guarantor contained herein and Buyer Seller and Guarantor proceeds the Company proceed with the Closing nevertheless, Buyer Seller and Guarantor the Company shall be deemed to have waived, for all purposes, any rights or remedies it may have against Seller and the Company Buyer or Guarantor with respect to the failure or breach described in such notice.