Separate parties. Where any Transaction Party acts in more than one capacity, the provisions of the Common Terms shall apply to such Person as though it were a separate party in each such capacity.
Separate parties. Nothing contained herein shall create any agency, partnership, association or joint venture between the parties, nor shall either party have any right or authority express or implied, to create any obligation on behalf of or in the name of the other party or to bind the other party contractually in any manner whatsoever. Under no circumstances as a result of this Agreement shall any faculty member, employee or student of either party be considered an employee, agent or servant of the other party.
Separate parties. Nothing in this Agreement shall be interpreted in any manner as constituting the Parties as partners or joint venturers or as constituting one Party or its officials, representatives, or employees as agents of the other Party. Each Party is and shall remain a separate legal entity pursuant to applicable law, and neither of the Parties hereto shall be deemed to hereby assume the debts, obligations, or liabilities of the other.
Separate parties. 65 EXHIBIT A Articles of Incorporation EXHIBIT B Form of Delegation of Authority AGREEMENT AND PLAN OF MERGER, dated as of April 11, 2000, among CONOPCO, INC., a New York corporation ("CONOPCO"), VERMONT ALL NATURAL EXPANSION COMPANY, a Vermont corporation ("SUB"), and BEN & JERRY'S HOMEMADE, INC., a Vermont corporation (the "COMPANY").
Separate parties. Each of the parties to this Agreement acknowledges and agrees that each party is responsible for its own performance of its obligations hereunder and that no other party shall be liable for a failure of another party to perform its obligations. Without limiting the foregoing, it is acknowledged by Conopco that no Ineligible Director is acting as a representative of the Company in connection with the Transaction Agreements or the Transactions and that any action or failure to act on the part of any Ineligible Director shall not be deemed to be an action or failure to act on the part of the Company, including under Section 5.02, 6.07 or 8.01, except to the extent that such Ineligible Director's action or failure to act is taken under the instruction of, or with the cooperation or the concurrence of, the Company Board.
Separate parties. None of the provisions of this MOU is intended to create nor shall be deemed or construed to create any relationship between the parties hereto other than that of independent entities contracting with each other solely for the purposes of effecting the provisions of this MOU. Neither of the parties, hereto, nor any of their respective officers, directors or employees, shall be construed to be the agent, employee or the representative of the other.
Separate parties. Nothing contained in this Agreement shall be construed to create a joint venture or partnership relation between the Parties, and no Party shall have the authority to obligate or bind any other Party in any manner whatsoever.
Separate parties. The Parties are associated with each other only for the purposes and to the extent set forth in this Agreement. Each party hereto is and shall be a public entity separate and distinct from the other party and shall have the right to supervise, manage, operate, control, and direct performance of the details incident to its duties under this Agreement. Nothing contained in this Agreement shall be deemed or construed to create a partnership or joint venture, to create relationships of an employer-employee or principal-agent, or to otherwise create any liability for one entity whatsoever with respect to the indebtedness, liabilities, and obligations of the other entity or any other party.
Separate parties. The parties acknowledge and agree that, to the extent reasonably necessary for Snap to perform hereunder, Snap will have the same rights granted to CNET in the Agreement. Further, the parties acknowledge and agree that CNET and Snap are separate business entities, and that any statement, promise, warranty, breach, action or inaction by one shall not bind or be construed against the other.
