Common use of Surviving Rights and Obligations Clause in Contracts

Surviving Rights and Obligations. Following any Termination of NAI’s Work as provided in subparagraph 7(B) or in 7(C), NAI will have no obligation to continue or complete any Work; however, no such Termination of NAI’s Work will reduce or excuse the following rights and obligations of the parties, it being intended that all such rights and obligations will survive and continue after any Termination of NAI’s Work: (1) NAI’s obligations described in the next subparagraph 7(E); (2) the rights and obligations of NAI and BNPPLC under the Ground Lease; (3) the rights and obligations of NAI and BNPPLC under the Purchase Agreement, other than NAI’s Supplemental Payment Obligation if it has been terminated as provided in subparagraph 6(B) of the Purchase Agreement; (4) any obligations of NAI under the other Operative Documents by reason of any misrepresentation or other act or omission of NAI that occurred prior to the Termination of NAI’s Work or during any subsequent period in which NAI remains in possession or control of the Construction Project; and (5) NAI’s obligations to indemnify BNPPLC as set forth in subparagraph 10(A).

Surviving Rights and Obligations. Following any Termination of NAI’s Work as provided in subparagraph 7(B) or in 7(C), NAI will have no obligation to continue or complete any Work; however, no such Termination of NAI’s Work will reduce or excuse the following rights and obligations of the parties, it being intended that all such rights and obligations will survive and continue after any Termination of NAI’s Work: (1) NAI’s obligations described in the next subparagraph 7(E); (2) the rights and obligations of NAI and BNPPLC under the Ground Lease; (3) the rights and obligations of NAI and BNPPLC under the Purchase Agreement, other than NAI’s Supplemental Payment Obligation if it has been terminated as provided in subparagraph 6(B) of the Purchase Agreement; (4) any obligations of NAI under the other Operative Documents by reason of any misrepresentation or other act or omission of NAI that occurred prior to the Termination of NAI’s Work or during any subsequent other period in which that NAI remains in possession or control of the Construction Project; and (5) NAI’s obligations to indemnify BNPPLC as set forth in subparagraph 10(A).