Reservation of Claims. Except as provided in this Agreement, Seller is entitled to all claims related to the Interests prior to the Effective Time regardless of when payment is made. Except as provided in this Agreement, Buyer is entitled to all claims related to the Interests which arise after the Effective Time.
Reservation of Claims. Seller reserves all rights to claims, demands, cause of action, and lawsuits concerning the Properties against third parties that accrued before the Effective Date, whether discovered before or after the Effective Date, excluding any rights or claims associated with gas imbalances.
Reservation of Claims. Notwithstanding any term of the Agreement, specifically reserved and excluded from the scope and terms of the Agreement as to any entity or person (including PMC) are the following:
a) Any civil, criminal, or administrative liability arising under Title 26, U.S. Code (Internal Revenue Code);
b) Any liability to the United States (or its agencies) for any conduct other than the Covered Conduct subject to paragraph 5 of the Agreement;
c) Any liability based upon such obligations as are created by this Agreement.
Reservation of Claims. ExxonMobil reserves all Claims and rights of any kind concerning the Interests or Property against third parties that accrue before the Effective Time (including those against overriding royalty owners, royalty owners, working-interest owners, and gas purchasers), whether discovered before or after the Effective Time or Closing, whichever is later. The reservations under this section do not include gas-production-imbalance accounts, which are the subject of Article 19.
Reservation of Claims. Notwithstanding any term ofthis Agreement, specifically reserved and excluded from the scope and terms of this Agreement as to ariy entity or person (including Respondent) are the following:
a. Any criminal, civil, or administrative claims arising under Title 26 U.S. Code (Internal Revenue Code);
b. Any criminal liability;
c. Except as explicitly stated in this Agreement, any administrative liability, including mandatory exclusion from Federal health care programs;
d. Any liability to the United States (or its agencies) for any conduct other than the Covered Conduct.
Reservation of Claims. Notwithstanding any provision of this Agreement, the purchase and sale of the Loan Rights and Obligations shall not include any claims and/or causes of action Seller had, has or may have against any officer, director, employee, insider, accountant, attorney, appraiser, underwriter, broker or other person or entity employed or retained by Seller or any prior owner of the Loan with respect to events occurring prior to the Closing Date. The forgoing is not intended as a limitation on Buyer’s rights to enforce the Loan in accordance with its terms and to realize the benefits of any lien, mortgage or any other security therefor.
Reservation of Claims. The Parties agree that the United States’ performance 27 under this Agreement may mitigate or remedy any previous breach of trust claims for which causes of action might have accrued. Nothing in this Agreement 28 shall be construed as an implied or express admission by the United States 2 action might have accrued. The Non-federal Parties reserve the right to assert any legal claims against the United States, including breach of trust claims, based 3 on violations of this Agreement and any other basis available to any such Non- federal Party. The United States reserves all defenses to such claims, including 4 jurisdictional defenses and any other available defenses.
Reservation of Claims. The intent of this Settlement is to effect a complete and total resolution of this Action to the extent of the claims of the Direct Purchaser Plaintiff Class that were or could have been asserted relating to the allegations in this Action, but is not intended to release any claims arising in the ordinary course of business between Releasors and the Releasees arising under Article 2 of the Uniform Commercial Code (pertaining to sales), the laws of negligence or product liability or implied warranty, breach of contract, breach of express warranty, or personal injury, or other claims unrelated to the Doryx® antitrust allegations in this Action.
Reservation of Claims. The Parties intend by this Agreement to release only the GEO Released Parties with respect to the Released Claims. The Parties specifically do not intend this Agreement, or any part hereof or any other aspect of the proposed Settlement, to compromise or otherwise affect in any way any rights the Releasing Parties have or may have against any other person, firm, association, or corporation whatsoever, including, but not limited to the Non- Settling Defendants. The release set forth in Paragraphs 15 and 16 above is not intended to and shall not release any claims other than the Released Claims. The sales of Alum by GEO in the Indirect Purchaser States from January 1, 1997 through February 28, 2011 shall remain in the cases against the Non-Settling Defendants in the Consolidated Proceedings as a basis for damage claims and shall be part of any joint and several liability claims against Non-Settling Defendants in the Consolidated Proceedings or other persons or entities other than the GEO Released Parties.
Reservation of Claims. Notwithstanding anything to the contrary in this Agreement, Reliant shall be deemed to retain all claims and defenses it may have against Non-Settling Participants.
