Common use of Pursuant to Section 8 Clause in Contracts

Pursuant to Section 8. 1(a) of the Merger Agreement, the Parties hereby agree that the Merger Agreement, including all schedules and exhibits thereto, and any ancillary agreements contemplated thereby or entered pursuant to (collectively, the “Transaction Documents”), are hereby terminated effective immediately as of the date hereof (the “Termination Time”) and, notwithstanding anything to the contrary in the Transaction Documents, including Section 8.3 of the Merger Agreement (provided that Section 6.8(b) of the Merger Agreement shall remain in full force and effect in accordance with its terms), the Transaction Documents are terminated in their entirety and shall be of no further force or effect whatsoever (the “Termination”).

Pursuant to Section 8. 1(a) of the Merger Agreement, the Parties hereby agree that the Merger Agreement, including all schedules and exhibits thereto, and any all ancillary agreements contemplated thereby or entered pursuant to thereto (excluding, for clarity the Confidentiality Agreement, which shall terminate on its terms) (collectively, the “Transaction Documents”), are hereby terminated effective immediately as of the date hereof entry into this Agreement (the “Termination Time”) and, notwithstanding anything to the contrary in the Transaction DocumentsDocuments (for clarity, including and notwithstanding Section 8.3 of the Merger Agreement (provided that Section 6.8(b8.2(a) of the Merger Agreement shall remain in full force and effect in accordance with its termsAgreement), the Transaction Documents are terminated in their entirety and shall be of no further force or effect whatsoever (the “Termination”).