Common use of Survival and Notice Clause in Contracts

Survival and Notice. (a) The rights of termination contained in Section 11 may be exercised by the Agent and are in addition to any other rights or remedies the Agent may have in respect of any default, act or failure to act or non-compliance by the Company in respect of any matters contemplated by this Agreement or otherwise. In the event of any such termination, there will be no further liability on the part of the Agent to the Company or on the part of the Company to the Agent except in respect of any liability or obligation which may have arisen or arises after such termination under Sections 1, 2.4, 9, 12 or 13, which Sections will survive the termination of this Agreement. (b) The Agent will use commercially reasonable efforts to give the notice to the Company as contemplated by Section 11 of the occurrence of any events or circumstances referred to therein, provided that neither the giving nor the failure to give such notice will in any way affect the Agent's entitlement to exercise its rights contained in Section 11 at any time through to the Closing Time.

Appears in 2 contracts

Samples: Agency Agreement (JUVA LIFE INC./Canada), Agency Agreement

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Survival and Notice. (a) The rights of termination contained in Section 11 12 may be exercised by the an Agent and are in addition to any other rights or remedies the an Agent may have in respect of any default, act or failure to act or non-compliance by the Company Companies in respect of any matters contemplated by this Agreement or otherwise. In the event of any such termination, there will be no further liability on the part of the that Agent to the either Company or on the part of the either Company to the an Agent except in respect of any liability or obligation which may have arisen or arises after such termination under Sections 1, 2.42.7, 910, 12 13 or 1314, which Sections will survive the termination of this Agreement. (b) The Agent Agents will use commercially reasonable efforts to give the notice to the Company Companies as contemplated by Section 11 12 of the occurrence of any events or circumstances referred to therein, provided that neither the giving nor the failure to give such notice will in any way affect the Agent's Agents’ entitlement to exercise its their rights contained in Section 11 12 at any time through to the Closing Time.

Appears in 1 contract

Samples: Agency Agreement

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Survival and Notice. (a) The rights of termination contained in Section 11 12 may be exercised by the Agent and are in addition to any other rights or remedies the Agent may have in respect of any default, act or failure to act or non-compliance by the Company Companies in respect of any matters contemplated by this Agreement or otherwise. In the event of any such termination, there will be no further liability on the part of the Agent to the either Company or on the part of the either Company to the Agent except in respect of any liability or obligation which may have arisen or arises after such termination under Sections 1, 2.42.7, 910, 12 13 or 1314, which Sections will survive the termination of this Agreement. (b) The Agent will use commercially reasonable efforts to give the notice to the Company Companies as contemplated by Section 11 12 of the occurrence of any events or circumstances referred to therein, provided that neither the giving nor the failure to give such notice will in any way affect the Agent's entitlement to exercise its rights contained in Section 11 12 at any time through to the Closing Time.

Appears in 1 contract

Samples: Agency Agreement

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