Rights of Both Parties. (a) None of the contents of this Agreement, explicit or implied, intend to grant any interests, rights or compensations hereunder or obtainable hereunder to any person other than the parties hereto and their respective heirs and permitted assigns or to discharge or exempt any obligations or debts of any other persons to either party hereto. None of the provisions of this Agreement will empower to any other persons any subrogation right or any rights to institute a lawsuit against either party hereto.
(b) Both parties hereto shall have the right to seek for any or all non-monetary remedies under laws regarding any misrepresentations or violation of or default on this Agreement. For avoidance of any possible doubt, the foregoing non-monetary remedies shall be of a supplementary nature and shall not replace or diminish any monetary remedies available to both parties.
Rights of Both Parties. Either Party shall be entitled to terminate this Agreement by written notice having immediate effect if:
(a) the other Party fails to make an undisputed payment of money, within ninety (90) days of due date;
(b) the other Party defaults in any material respect in the performance of any of its obligations or any of its representations or warranties under this Agreement or otherwise commits any material breach of this Agreement (excluding a failure to make a payment of money when due) and such default is not cured within twenty (20) days after written notice specifying in reasonable detail the nature of such default;
(c) the other Party becomes bankrupt, insolvent, makes an assignment for the benefit of creditors or proposes or makes any arrangements for the liquidation of its debts or a receiver is appointed with respect to all or any part of the assets of the other Party, or the other Party ceases or threatens to cease to carry on business or to wind-up its business, and such Party fails to provide within sixty (60) business days after notice by the other Party such specified assurances of performance as are reasonably requested in writing by the other Party; or
(d) the other Party fails to promptly secure or renew any license, registration, permit, authorization or approval necessary for the conduct of its business in the manner contemplated by this Agreement in any significant country, or if any such license, registration, permit, authorization or approval is revoked or suspended and not reinstated within sixty (60) days or diligent efforts are being made to effect such reinstatement.
Rights of Both Parties. Unless the parties agree otherwise, no action taken under GC 12.1 to GC 12.5 by either party shall be construed as a renunciation or waiver of any of the rights or recourse available to the parties.
Rights of Both Parties. Both Pima County JTED and Consortium Member have the right to:
A. Access and use, in a manner consistent with the Bylaws and Terms of Use, the Consortium’s CTE Instructional Materials. For each Consortium Member, the right to access and use CTE Instructional Materials extend to agreed-upon persons and entities who are affiliated with that Consortium Member, as specified in the attached Exhibit B.
B. Participate in the affairs and activities of the Arizona CTE Curriculum Consortium, as further detailed in the Bylaws and Terms of Use.
Rights of Both Parties. 7.1 If any of the following facts, matters or events is known to Party A at any time before the Closing, Party A may inform Party B and/or Prosoft in writing before the Closing and terminate this Contract without undertaking any liability; the defaulting party shall also undertake the defaulting liabilities as set forth in Article 10 below:
7.1.1 The act of Party B and/or Prosoft materially violates this Contract and as a result, Party A cannot fulfill equity purchase;
7.1.2 There exists or occurs any matter violating any representation or warranty and such violation has a material adverse impact on Prosoft and the Closing under this Contract;
7.1.3 There occurs anything that has or is likely to have a material adverse impact on the business, financial position or prospect of Prosoft.
7.2 If any of the following facts, matters or events is known to Party B at any time before the Closing, Party B may inform Party A in writing before the Closing and terminate this Contract without undertaking any liability; Party A shall also undertake the defaulting liabilities as set forth in Article 10 below:
7.2.1 Party A fails to pay the Equity Transfer Price on time and such failure lasts for 30 days or longer so that Party B cannot obtain the Equity Transfer Price on time;
7.2.2 There occurs anything that has or is likely to have a material adverse impact on the business, financial position or prospect of Party A;
8.1 Each party (“Receiving Party”) shall keep in confidence the confidential information obtained from the other party and shall not use such information for any other purpose than as specified herein or disclose such information to any third party. Notwithstanding the foregoing provision, such confidentiality obligation shall not apply to the information which:
8.1.1 is or becomes public knowledge through no fault of the Receiving Party or its representative, agent, supplier or subcontractor;
8.1.2 is lawfully received by the Receiving Party from a third party without a duty of confidentiality or any use limitation; or
8.1.3 is already possessed by the Receiving Party in writing without any use or disclosure limitation, and is not obtained from the other party for the purpose of this Contract.
8.2 Notwithstanding the foregoing provision, the Receiving Party may disclose confidential information to its or Company’s employees, directors and consultants to the extent being reasonably necessary for the purpose of this Contract. The Receiving Party shall ensure ...
Rights of Both Parties i) Rights of Party A
1. In the case where any competent authority adjusts its policies, Party A shall tell Party B and make corresponding adjustment according to the adjusted polices of such competent authority.
2. Party A is entitled to review or entrust special authority qualified to review the information and application service content provided by Party B and check the time effect of the content provided by Party B.
3. Party A is entitled to refuse to issue and delete any information provided by Party B that is not conforming to the national laws, regulations and policies related and that Party A deems improper and require Party B for compensation for any bad effect on the economic status and goodwill of Party A as incurred due to such information.
4. Party A is entitled to require Party B to amend, correct and delete any content Party A deems to be amended, corrected and deleted.
5. Party A is entitled to provide the indices for the examination of the application service provided by Party B and conduct assessment on the services provided by Party B according to such indices. Party A is entitled to require Party B to adjust and amend any application service that does not pass the examination for successive three months, and cancel the qualification for the provision of application service in the case where Party B fails to adjust the service as required or cannot meet Party A’ requirements after adjustment.
6. Party A is entitled to determine the ranking of the application service provided by Party B on the WAP master station of Party A.
7. Party A is entitled to direct and supervise the charging standard of Party B on its service.
8. Party A is entitled to obtain reasonable proceeds. (For the detailed distribution, refer to VII of this Agreement).
ii) Rights of Party B
1. Party B is entitled to choose to provide national service on the WAP master station of Party A or provide local service on the local website of Party A. In case of national service, Party B shall apply to Party A for such service; in case of local service, Party B shall apply to the local branch of Party A. However, in the case where Party B provides local service on any Party A’s local website, Party A will not provide settlement and Party B and Party A’s local branch shall enter into independent settlement agreement.
2. Under the direction of Party A, Party B is entitled to deem whether the service provided is paid or not and the charging criteria.
3. Party B is entitled to obtain ...
Rights of Both Parties. 7.1 If any of the following facts, matters or events is known to Party A at any time before the Closing, Party A may inform Party B and/or the Company in writing before the Closing and terminate this Contract without undertaking any liability; the defaulting party shall also undertake the defaulting liabilities as set forth in Article 10 below:
7.1.1 The act of Party B and/or the Company materially violates this Contract and as a result, Party A cannot fulfill equity purchase;
7.1.2 There exists or occurs any matter violating any representation or warranty and such violation has a material adverse impact on the Company and the Closing under this Contract;
7.1.3 There occurs anything that has or is likely to have a material adverse impact on the business, financial position or prospect of the Company.
7.2 If any of the following facts, matters or events is known to Party B at any time before the Closing, Party B may inform Party A in writing before the Closing and terminate this Contract without undertaking any liability; the defaulting party shall also undertake the defaulting liabilities as set forth in Article 10 below:
7.2.1 Party A’s act materially violates this Contract and as a result, Party B cannot obtain the Equity Transfer Price;
7.2.2 There occurs anything that has or is likely to have a material adverse impact on the business, financial position or prospect of Party A;
7.2.3 During the duration from the execution date of this Contract to the Closing Date, there occurs any matter that has or is likely to have a material adverse impact on the present transaction owing to Party A’s intentional act or gross negligence.
Rights of Both Parties. Both parties shall instruct insurant and medical staff to abide by regulations of social insurance; Both parties have rights to give advice to each other, listen to each other, and inspect each other’s illegal behavior.
Rights of Both Parties. .01 It is agreed that no action taken under this subsection GC 3.14, Claims, Negotiations, Mediation, by either party shall be construed as a renunciation or waiver of any of the rights or recourse available to the parties, provided that the requirements set out in this subsection are fulfilled. Provided further however that an agreement reached during any such Negotiations or Mediation is binding.
Rights of Both Parties. Except as otherwise expressly provided, this Agreement does not limit any rights of either party to enter into contracts or transactions with third parties, provided such contracts or transactions will not require that party to act in a manner which is inconsistent with its obligations under this Agreement or adversely affect the performance of such obligations.
