Common use of Other Rights Unaffected Clause in Contracts

Other Rights Unaffected. Nothing contained in this Section 3.12 ----------------------- ------------ or any other provision hereof is intended to or shall preclude any holder of any Warrant or Warrant Stock from exercising or pursuing or otherwise limiting or affecting the rights or remedies which such holder may have pursuant to the Purchase Agreement, at law, in equity or otherwise by reason of any matter which is the subject of or basis for any dispute referred to in Section 3.12(a) (or --------------- any other matter), and the dispute resolution mechanisms provided for in this Section 3.12 are intended solely as a means of resolving bona fide disputes ------------ ---- ---- concerning the interpretation, application or operation of the adjustment provisions of Article III (other than any such dispute referred to in the first ----------- sentence of Section 3.8(e), which shall be resolved as stated therein) or bona -------------- ---- fide disputes which the last sentence of Section 3.8(e) provides will be ---- -------------- resolved pursuant to this Section 3.12, and not for the purpose of determining ------------ the rights of holders of Warrants or Warrant Stocks or the liabilities or obligations of the Corporation, for the purpose of resolving or settling any claim by any such holder of any breach or inaccuracy of any representation or warranty of, or any breach or failure to perform any covenant, agreement or obligation, of the Corporation contained herein or in the Purchase Agreement or any other Transaction Agreement (as defined in the Purchase Agreement) or any other purpose. Without limiting the generality of the immediately preceding sentence, no decision of any arbitrator appointed pursuant to this Section 3.12 ------------ shall have or be given any res judicata or similar effect in any action, suit or --- -------- proceeding in which any claim by any holder of any Warrant or Warrant Stock of any breach or inaccuracy of any representation or warranty of, or any breach or failure to perform any covenant, agreement or obligation, of the Corporation contained herein or in the Purchase Agreement or any other agreement or instrument is to be adjudicated.

Other Rights Unaffected. Nothing contained in this Section ----------------------- ------- 3.12 ----------------------- ------------ or any other provision hereof is intended to or shall preclude any holder ---- of any Warrant or Warrant Stock from exercising or pursuing or otherwise limiting or affecting the rights or remedies which such holder may have pursuant to the Purchase Agreement, at law, in equity or otherwise by reason of any matter which is the subject of or basis for any dispute referred to in Section ------- 3.12(a) (or --------------- any other matter), and the dispute resolution mechanisms provided ------- for in this Section 3.12 are intended solely as a means of resolving bona fide disputes ------------ ---- ---- disputes concerning the interpretation, application or operation of the adjustment provisions of Article III (other than any such dispute referred to in ----------- the first ----------- sentence of Section 3.8(e), which shall be resolved as stated -------------- therein) or bona -------------- ---- fide disputes which the last sentence of Section 3.8(e) ---- ---- provides will be ---- -------------- resolved pursuant to this Section 3.12, and not for the purpose -------------- of determining ------------ the rights of holders of Warrants or Warrant Stocks or the liabilities or obligations of the Corporation, for the purpose of resolving or settling any claim by any such holder of any breach or inaccuracy of any representation or warranty of, or any breach or failure to perform any covenant, agreement or obligation, of the Corporation contained herein or in the Purchase Agreement or any other Transaction Agreement (as defined in the Purchase Agreement) or any other purpose. Without limiting the generality of the immediately preceding sentence, no decision of any arbitrator appointed pursuant to this Section 3.12 ------------ shall have or be given any res judicata or similar effect ------------ -------- in any action, suit or --- -------- proceeding in which any claim by any holder of any Warrant or Warrant Stock of any breach or inaccuracy of any representation or warranty of, or any breach or failure to perform any covenant, agreement or obligation, of the Corporation contained herein or in the Purchase Agreement or any other agreement or instrument is to be adjudicated.

Other Rights Unaffected. Nothing contained in this Section 3.12 ----------------------- ------------ 10.15 or any other provision hereof is intended to or shall preclude any holder of any Warrant Series B Share or Warrant Stock Conversion Securities from exercising or pursuing or otherwise limiting or affecting the rights or remedies which such holder may have pursuant to the Purchase Agreement, at law, in equity or otherwise by reason of any matter which is the subject of or basis for any dispute referred to in Section 3.12(a10.15(a) (or --------------- any other matter), and the dispute resolution mechanisms provided for in this Section 3.12 10.15 are intended solely as a means of resolving bona fide disputes ------------ ---- ---- concerning the interpretation, application or operation of the adjustment provisions of Article III Section 10 (other than any such dispute referred to in the first ----------- sentence of Section 3.8(e10.8(e), which shall be resolved as stated therein) or bona -------------- ---- fide disputes which the last sentence of Section 3.8(e10.8(e) provides will be ---- -------------- resolved pursuant to this Section 3.1210.15, and not for the purpose of determining ------------ the rights of holders of Warrants Series B Shares or Warrant Stocks Conversion Securities or the liabilities or obligations of the Corporation, for the purpose of resolving or settling any claim by any such holder of any breach or inaccuracy of any representation or warranty of, or any breach or failure to perform any covenant, agreement or obligation, of the Corporation contained herein or in the Purchase Agreement or any other Transaction Agreement Document (as defined in the Purchase Agreement) or any other purpose. Without limiting the generality of the immediately preceding sentence, no decision of any arbitrator appointed pursuant to this Section 3.12 ------------ 10.15 shall have or be given any res judicata or similar effect in any action, suit or --- -------- proceeding in which any claim by any holder of any Warrant Series B Share or Warrant Stock Conversion Securities of any breach or inaccuracy of any representation or warranty of, or any breach or failure to perform any covenant, agreement or obligation, of the Corporation contained herein or in the Purchase Agreement or any other agreement or instrument is to be adjudicated.

Other Rights Unaffected. Nothing contained in this Section 3.12 ----------------------- ------------ or any other provision hereof is intended to or shall preclude any holder of any Warrant or Warrant Stock from exercising or pursuing or otherwise limiting or affecting the rights or remedies which such holder may have pursuant to the Purchase Agreement, at law, in equity or otherwise by reason of any matter which is the subject of or basis for any dispute referred to in Section 3.12(a) (or --------------- any other matter), and the dispute resolution mechanisms provided for in this Section 3.12 are intended solely as a means of resolving bona fide disputes ------------ ---- ---- concerning the interpretation, application or operation of the adjustment provisions of Article III (other than any such dispute referred to in the first ----------- sentence of Section 3.8(e), which shall be resolved as stated therein) or bona -------------- ---- fide disputes which the last sentence of Section 3.8(e) provides will be ---- -------------- resolved pursuant to this Section 3.12, and not for the purpose of determining ------------ the rights of holders of Warrants or Warrant Stocks or the liabilities or obligations of the Corporation, for the purpose of resolving or settling any claim by any such holder of any breach or inaccuracy of any representation or warranty of, or any breach or failure to perform any covenant, agreement or obligation, of the Corporation contained herein or in the Purchase Agreement or any other Transaction Agreement (as defined in the Purchase Agreement) or any other purpose. Without limiting the generality of the immediately preceding sentence, no decision of any arbitrator appointed pursuant to this Section 3.12 ------------ shall have or be given any res judicata or similar effect in any action, suit or --- -------- proceeding in which any claim by any holder of any Warrant or Warrant Stock of any breach or inaccuracy of any representation or warranty of, or any breach or failure to perform any covenant, agreement or obligation, of the Corporation contained herein or in the Purchase Agreement or any other agreement or instrument is to be adjudicated.