Survival of Certain Rights Sample Clauses

Survival of Certain Rights. As provided in Section 12.04 of the Pooling and Servicing Agreement, the parties hereto are released from all of their obligations under the Pooling and Servicing Agreement and the Series Supplement other than the rights of the Certificateholders to receive the applicable aggregate payments pursuant to Section 6 above and the rights, obligations, powers, duties and immunities specifically identified in the proviso to Section 12.04(a) of the Pooling and Servicing Agreement. Furthermore, the provisions of this Agreement shall survive the resignation or removal of the Trustee pursuant to the Pooling and Servicing Agreement, as supplemented by the Series Supplement.
Sample 1Sample 2Sample 3See All (6)
AutoNDA by SimpleDocs
Survival of Certain Rights. Subject to Section 6.7, termination or expiration of this Agreement for any reason shall be without prejudice to any rights that shall have accrued to the benefit of a Party prior to or on account of such termination or expiration. All remedies provided hereunder or elsewhere are cumulative. Licensee’s obligations to report and pay royalties as to activities under this Agreement, and AB’s right to audit under Section 3.4, shall survive termination or expiration. Without limiting the survival of other Sections herein that expressly survive termination or expiration, Articles 1, 6, 7, 8, 10 and 11 shall survive any termination or expiration of this Agreement. Notwithstanding anything herein to the contrary, upon expiration or termination of this Agreement, all licenses and rights granted to Licensee herein shall terminate.
Sample 1Sample 2
Survival of Certain Rights. Notwithstanding any termination of this Agreement CRUISES and DISTRICT shall continue to be responsible to each other for amounts due and for amounts accrued hereunder prior to the date of termination, and for any indemnities given herein, with each to have the right of offset against the other for amounts due.
Sample 1
Survival of Certain Rights. A new Section 11.9 is added to the Agreement to read in its entirety as follows:
Sample 1
Survival of Certain Rights. The right of Sublicensee to continue to use, copy, market, distribute, sell and otherwise transfer units of the Product in its existing inventory or that are subject to outstanding purchase orders and the Licensed Technology in existence as of the date of any termination of this Sublicense shall survive any termination of this Sublicense, and Sublicensee shall have an irrevocable, non-exclusive sublicense to continue to use, copy, market, distribute, sell and otherwise transfer such Products and Licensed Technology indefinitely, subject to the payment of Royalties as provided in Article VI. Termination of this Sublicense shall not relieve Sublicensee of its obligations under any outstanding purchase orders previously accepted by Grantor that have not been fulfilled at the time of termination.
Sample 1
Survival of Certain Rights. Notwithstanding the continuing existence of the Citibank Omni-S Master Trust, as provided in Section 12.04 of the Pooling and Servicing Agreement, the parties hereto are released from all of their obligations under the Pooling and Servicing Agreement and the Series Supplement other than the rights of the Certificateholders to receive the applicable aggregate payments pursuant to Section 6 above and the rights, obligations, powers, duties and immunities specifically identified in the proviso to Section 12.04(a) of the Pooling and Servicing Agreement. Furthermore, the provisions of this Agreement shall survive the resignation or removal of the Trustee pursuant to the Pooling and Servicing Agreement, as supplemented by the Series Supplement.
Sample 1
Survival of Certain Rights. Notwithstanding anything herein or in any other DIP Loan Document, upon the occurrence of the DIP Facility Termination Date (as defined in the DIP Loan Documents), all of the rights, remedies, benefits and protections provided: (i) to the DIP Agents and the DIP Lenders under this Order and the other DIP Loan Documents; and (ii) to the Pre-Petition Secured Parties under this Order and the Pre-Petition Loan Documents, shall survive such DIP Facility Termination Date. Upon such DIP Facility Termination Date, the principal, all accrued interest and fees and all other Post-Petition Obligations shall be immediately due and payable and the DIP Agents and the DIP Lenders shall have all other rights and remedies provided in this Order, the other DIP Loan Documents and applicable law.
Sample 1
AutoNDA by SimpleDocs
Survival of Certain Rights 
Sample 1

Related to Survival of Certain Rights

  • Survival of Certain Obligations The obligations of Sections 3, 4, 8, 9, 12 and 13 shall survive any termination of this Agreement.

  • Survival of Certain Provisions The covenants and agreements set forth in Section 4.1, Section 4.2 and Section 5.2 shall survive the Termination of the Company.

  • Survival of Certain Sections Sections 3, 4, 5, 6, 7, 8, 9, 12, 13, 16, 17, 19 and 21 of this Agreement will survive the termination of this Agreement.

  • Waiver of Certain Rights Each Member irrevocably waives any right it may have to maintain any action for dissolution of the Company or for partition of the property of the Company.

  • Survival of Certain Terms The provisions of Sections 9, 10, 11, 14 and 22 of this Agreement shall survive the termination of this Agreement; provided, however, that the survival of such provisions after the termination of this Agreement shall in no way constitute an extension of the Term. Except as set forth in the prior sentence, all other rights and obligations of the Parties shall cease upon termination of this Agreement.

  • Termination of Certain Rights The Company’s obligations under Sections 4.1 and 4.2 above will terminate upon the closing of the Company’s initial public offering of Common Stock pursuant to an effective registration statement filed under the Securities Act, or upon a merger, acquisition or other business combination in which the holders of the Company’s outstanding capital stock immediately prior to the transaction do not retain a majority of the voting capital stock in the surviving corporation.

  • Indemnification; Survival of Certain Provisions The Liquidity Provider shall be indemnified hereunder to the extent and in the manner described in Section 8.1 of the Participation Agreements. In addition, the Borrower agrees to indemnify, protect, defend and hold harmless the Liquidity Provider from, against and in respect of, and shall pay on demand, all Expenses of any kind or nature whatsoever (other than any Expenses of the nature described in Section 3.01, 3.02 or 7.07 hereof or in the Fee Letter applicable to this Agreement (regardless of whether indemnified against pursuant to said Sections or in such Fee Letter)), that may be imposed, incurred by or asserted against any Liquidity Indemnitee, in any way relating to, resulting from, or arising out of or in connection with any action, suit or proceeding by any third party against such Liquidity Indemnitee and relating to this Agreement, the Fee Letter, the Intercreditor Agreement or any Financing Agreement; provided, however, that the Borrower shall not be required to indemnify, protect, defend and hold harmless any Liquidity Indemnitee in respect of any Expense of such Liquidity Indemnitee to the extent such Expense is (i) attributable to the gross negligence or willful misconduct of such Liquidity Indemnitee or any other Liquidity Indemnitee, (ii) ordinary and usual operating overhead expense, or (iii) attributable to the failure by such Liquidity Indemnitee or any other Liquidity Indemnitee to perform or observe any agreement, covenant or condition on its part to be performed or observed in this Agreement, the Intercreditor Agreement, the Fee Letter applicable to this Agreement or any other Operative Agreement to which it is a party. The indemnities contained in Section 8.1 of the Participation Agreements, and the provisions of Sections 3.01, 3.02, 3.03, 3.09, 7.05 and 7.07 hereof, shall survive the termination of this Agreement.

  • Exclusion of Certain Damages TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

  • Payments on Termination and Survival of Certain Rights and Obligations Payments to the Advisor pursuant to this Section 13.03 shall be subject to the 2%/25% Guidelines to the extent applicable.

  • Preservation of Certain Remedies Notwithstanding the preceding binding arbitration provisions, the parties hereto and the other Loan Documents preserve, without diminution, certain remedies that such Persons may employ or exercise freely, either alone, in conjunction with or during a Dispute. Each such Person shall have and hereby reserves the right to proceed in any court of proper jurisdiction or by self help to exercise or prosecute the following remedies, as applicable: (i) all rights to foreclose against any real or personal property or other security by exercising a power of sale granted in the Loan Documents or under Applicable Law or by judicial foreclosure and sale, including a proceeding to confirm the sale, (ii) all rights of self help including peaceful occupation of property and collection of rents, set off, and peaceful possession of property, (iii) obtaining provisional or ancillary remedies including injunctive relief, sequestration, garnishment, attachment, appointment of receiver and in filing an involuntary bankruptcy proceeding, and (iv) when applicable, a judgment by confession of judgment. Preservation of these remedies does not limit the power of an arbitrator to grant similar remedies that may be requested by a party in a Dispute.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!