Rights Not Affected. All rights and licenses granted pursuant to this Agreement are, and shall otherwise be deemed to be, for purposes of Xxxxxxx 000(x) xx 00 X.X.X. §000 et seq. (the “Bankruptcy Code”), licenses of rights to “intellectual property” as defined under Section 101(35A) of the Bankruptcy Code. The Parties agree that MN and MS shall retain and may fully exercise all of their respective rights, remedies and elections under the Bankruptcy Code. The Parties further agree that, in the event of the commencement of a bankruptcy or reorganization case by or against a Party under the Bankruptcy Code, the other Party shall be entitled to all applicable rights under Section 365 (including 365(n)) of the Bankruptcy Code. Upon rejection of this Agreement by a Party or a trustee in bankruptcy for such Party, pursuant to Section 365(n) of the Bankruptcy Code, the other Party may elect (i) to treat this Agreement as terminated by such rejection or (ii) to retain its rights (including any right to enforce any exclusivity provision of this Agreement) to intellectual property (including any embodiment of such intellectual property) under this Agreement and under any agreement supplementary to this Agreement for the duration of this Agreement and any period for which this Agreement could have been extended by such other Party, subject, however, to the continued payment of all amounts owing under this Agreement, all of which amounts shall be deemed to be royalties for purposes of Section 365(n) of the Bankruptcy Code. Upon written request to the trustee in bankruptcy or bankrupt Party, the trustee or Party, as applicable, shall (i) provide to the other Party any intellectual property (including any embodiment of such intellectual property) held by the trustee or the bankrupt Party and shall provide to the other Party a complete duplicate of (or complete access to, as appropriate) any such intellectual property and all embodiments of such intellectual property and (ii) not interfere with the rights of the other Party to such intellectual property as provided in this Agreement or any agreement supplementary to this Agreement, including any right to obtain such intellectual property (or such embodiment or duplicates thereof) from a Third Party.
Rights Not Affected. The rights which each Party has under this Agreement shall not be prejudiced or restricted by any delay in exercising or failure to exercise any right or remedy under this Agreement. Unless otherwise agreed in writing, no waiver by any party in respect of a breach shall operate as a waiver in respect of any subsequent breach.
Rights Not Affected. This Agreement will not affect Employee’s rights in the Group 1 Automotive, Inc. Deferred Compensation Plan, the Executive Term Life & Accidental Death and Dismemberment Insurance, the Disability Income Insurance: Long Term Benefits, the Company’s 401(k) plans or any deferred compensation plan, or Employee’s ownership rights to shares of stock in the Company.
Rights Not Affected. The termination of this Agreement by reason of death or disability pursuant to this Section 8 shall not affect the right of Xx. Xxxxxx or his estate, as the case may be, to receive any payments hereunder to which Xx. Xxxxxx would be otherwise entitled.
Rights Not Affected. Termination of this Agreement does not affect any accrued rights or remedies of either party.
Rights Not Affected. Subject to Section 2(a), this Agreement does not limit any rights afforded to the Secured Parties under the Notes. Nothing contained in this Agreement is intended to limit the Company’s obligation to make payment of all Secured Obligations owed by it to the Secured Parties and the Collateral Agent strictly in accordance with the terms of the Notes and instruments or agreements delivered in connection therewith.
Rights Not Affected. The termination of this License Agreement shall not affect any paid-up right or license theretofore attained by Phoenix or any sublicensee of Phoenix, nor shall it impair the right or license of any third party in Pak Products that have been or may yet be sublicensed in accordance with this License Agreement. Notwithstanding the termination of this License Agreement, Phoenix may continue to exercise the rights and licenses granted hereunder as necessary to provide maintenance and support for existing Pak Products sublicensed in accordance with Section 1.2.
Rights Not Affected. The right of Agent and the other Secured Parties to have recourse against Collateral shall not be affected in any way by the fact that the credit is secured by a mortgage, deed of trust or other lien upon real property. The security interests granted herein, and the rights and remedies of Agent with respect to the security interests granted hereby, are in addition to those set forth in the Credit Agreement and the other Loan Documents, and those which are now or hereafter available to Administrative Agent or any other Secured Party as a matter of law or equity.
Rights Not Affected. The termination of the Agreement shall not, of itself, relieve a party of due performance by such party of any obligation assumed by or imposed on it under the Agreement at any time prior to such termination; provided that MMC shall not be required to deliver or ship any methanol to Air Products pursuant to the Agreement after the date of termination.
Rights Not Affected. The Settlement Legislation will provide that, except as expressly provided in this clause 5.4, the existence of the Nohoanga Entitlements will not affect the lawful rights or interests of any person who is not a party to this Deed.
