Common use of Rights on Termination; Waiver Clause in Contracts

Rights on Termination; Waiver. If this Agreement is terminated pursuant to Section 13.1 of this Agreement, all further obligations of the parties under or pursuant to this Agreement shall terminate without further liability of any party to the others, provided that: (a) the obligations of the parties under the Confidentiality Agreement, the Temporary Access Agreement and Section 13.4 of this Agreement shall survive any such termination; and (b) notwithstanding any other provision in this Agreement to the contrary, each party to this Agreement shall retain any and all remedies which it may have for breach of contract provided by Law based on another party's failure to comply with the terms of this Agreement. If any of the conditions set forth in Article 7 of this Agreement have not been satisfied, Xxxxxxxx may nevertheless elect to proceed with the consumma- tion of the transactions contemplated by this Agreement and if any of the conditions set forth in Article 8 of this Agreement have not been satisfied, the Companies may nevertheless elect to proceed with the consummation of the transactions contemplated by this Agreement. Any such election to proceed shall be evidenced by a certificate signed by the waiving party which shall include an express waiver of such condition.

Rights on Termination; Waiver. If this Agreement is terminated pursuant to Section 13.1 of this Agreement8.1 hereof, all further obligations of the parties under or pursuant to this Agreement shall terminate without further liability of any either party to the othersother, provided that: (a) the obligations of the parties Purchaser and Seller under the Confidentiality AgreementArticles 7, the Temporary Access Agreement 8 and Section 13.4 of this Agreement 9 and Sections 10.8 and 10.14 shall survive any such termination; and (b) notwithstanding any other provision in this Agreement to the contrary, each party to this Agreement shall retain any and all remedies which it may have for breach of contract provided by Law based on another the other party's failure to comply with the terms of this Agreement. If any of the conditions set forth in Article 7 Section 6.1 of this Agreement have not been satisfied, Xxxxxxxx may nevertheless elect to proceed with the consumma- tion of the transactions contemplated by this Agreement and if any of the conditions set forth in Article 8 of this Agreement have not been satisfied, the Companies Purchaser may nevertheless elect to proceed with the consummation of the transactions contemplated by hereby without prejudice to its rights hereunder, including without limitation, any rights of indemnity hereunder. If any of the conditions set forth in Section 6.2 of this Agreement. Any such election Agreement have not been satisfied, Seller may nevertheless elect to proceed shall be evidenced by a certificate signed by with the waiving party which shall include an express waiver consummation of such conditionthe transactions contemplated hereby without prejudice to its rights hereunder, including without limitation, any rights of indemnity hereunder.

Rights on Termination; Waiver. If this Agreement is terminated pursuant to Section 13.1 9.1 of this Agreement, all further obligations of the parties under or pursuant to this Agreement shall terminate without further liability of any party (including its directors, officers, employees, agents, legal, accounting or financial advisors or other representatives) to the others, provided that: (a) the obligations of the parties under the Confidentiality AgreementParent, the Temporary Access Agreement Acquisition and Section 13.4 Agility contained in Sections 3.1, 9.2 and 9.5 of this Agreement shall survive any such termination; and (b) notwithstanding any other provision in this Agreement to the contrary, each party to this Agreement shall retain any and all remedies which it may have for breach of contract provided by Law based on another party's willful failure to comply with the terms of this Agreement. If any of the conditions set forth in Article 7 VII of this Agreement have not been satisfied, Xxxxxxxx may nevertheless elect to proceed with the consumma- tion of the transactions contemplated by this Agreement and if any of the conditions set forth in Article 8 of this Agreement have not been satisfied, the Companies Parent may nevertheless elect to proceed with the consummation of the transactions contemplated by this AgreementAgreement if the conditions set forth in Article VIII of this Agreement have been satisfied or waived. If any of the conditions set forth in Article VIII of this Agreement have not been satisfied, Agility may nevertheless elect to proceed with the consummation of the transactions contemplated by this Agreement if the conditions set forth in Article VII of this Agreement have been satisfied or waived. Any such election to proceed shall be evidenced by a certificate signed by on behalf of the waiving party which shall include by an express waiver officer of such conditionthat party.

Rights on Termination; Waiver. If this Agreement is terminated pursuant to Section 13.1 9.1 of this Agreement, all further obligations of the parties under or pursuant to this Agreement shall terminate without further liability of any party (including its directors, officers, employees, agents, legal, accounting or financial advisors or other representatives) to the others, provided that: (a) the obligations of Plexus and Acquisition contained in Sections 3.4(c), 9.2 and 9.5 of this Agreement shall survive any such termination; (b) the parties under the Confidentiality Agreementobligations of SeaMED contained in Sections 3.4(c), the Temporary Access Agreement 3.9(e), 9.2 and Section 13.4 9.5 of this Agreement shall survive any such termination; and (bc) notwithstanding any other provision except as provided in this Agreement to the contrarySection 3.9(e), each party to this Agreement shall retain any and all remedies which it may have for breach of contract provided by Law based on another party's willful failure to comply with the terms of this Agreement. If any of the conditions set forth in Article 7 VII of this Agreement have not been satisfied, Xxxxxxxx Plexus may nevertheless elect to proceed with the consumma- tion consummation of the transactions contemplated by this Agreement and if any of the conditions set forth in Article 8 VIII of this Agreement have not been satisfied, the Companies SeaMED may nevertheless elect to proceed with the consummation of the transactions contemplated by this Agreement. Any such election to proceed shall be evidenced by a certificate signed by on behalf of the waiving party which shall include by an express waiver officer of such conditionthat party.