Right to Enforce this Agreement. You and the Requester acknowledge and agree that:
(a) While MTO is not a party to this Non-Disclosure Agreement and has no obligations under this Non-Disclosure Agreement, MTO will have the right to directly enforce your obligations in clause III above as if MTO were a party to this Non-Disclosure Agreement;
(b) In furtherance of clause (a) above, the Requester will be a trustee of MTO (and MTO’s successors and assigns) for the limited purpose of holding your obligations in clause III above in trust for MTO (and MTO’s successors and assigns). (And to the extent that clause III incorporates any defined terms, the definitions of such terms as provided in this Non-Disclosure Agreement will be considered to be incorporated into clause III for the purposes of this clause VI);
(c) To avoid any doubt, this means that in addition to the Requester enforcing your obligations under this Non-Disclosure Agreement (in the Requester’s capacity as a party to this Non-Disclosure Agreement), MTO (and MTO’s successors and assigns) may also enforce your obligations in clause III above in MTO’s own right (and MTO will not be required to add the Requester as a party to any proceedings for such enforcement); and
(d) The trust created in favour of MTO (and its successors and assigns), as contemplated above, being coupled with an interest, may not be revised or revoked without the prior written consent of MTO (or such successors and assigns, as the case may be).
Right to Enforce this Agreement. Notwithstanding anything to the contrary in this Agreement, Transtech, the Cooperating PRP Group and London Market Insurers each reserves the right to enforce the terms of this Agreement.
Right to Enforce this Agreement. The parties hereto acknowledge and declare that this Agreement is being entered into for the joint and several benefit of the Borrower, the Agent and the Lenders, each of which shall be severally entitled to bring proceedings to enforce the obligations of Portola U.S. hereunder.
