Common use of Other Deliverables Clause in Contracts

Other Deliverables. Each of the items specified in Section 3.3 shall have been duly executed, as applicable, and delivered by Buyer and Guarantor and each other party thereto in form and substance reasonably acceptable to Seller. Seller and 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 a written notice specifying in reasonable detail the failure of any of the conditions described in this Article IX or the breach by Buyer or Guarantor of any of the representations, warranties or covenants of Buyer or Guarantor contained herein and Seller and the Company proceed with the Closing nevertheless, Seller and the Company shall be deemed to have waived, for all purposes, any rights or remedies it may have against Buyer or Guarantor with respect to the failure or breach described in such notice.

Other Deliverables. Each of the items specified in Section 3.3 3.4 shall have been duly executed, as applicable, and delivered by Buyer and Guarantor Seller, the Company, and each other party thereto in form and substance reasonably acceptable to SellerBuyer. Seller Buyer and the Company 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 or and Guarantor deliver to Seller a written notice specifying in reasonable detail the failure of any of the conditions described in this Article IX VIII or the breach by Buyer Seller or Guarantor the Company of any of the representations, warranties or covenants of Buyer Seller or Guarantor the Company contained herein and Seller Buyer and the Company proceed Guarantor proceeds with the Closing nevertheless, Seller Buyer and the Company Guarantor shall be deemed to have waived, for all purposes, any rights or remedies it may have against Buyer or Guarantor Seller and the Company with respect to the failure or breach described in such notice.