Common use of Termination by Vendors Clause in Contracts

Termination by Vendors. If any of the conditions set forth in Section 6.3 have not been fulfilled or waived at or prior to the Closing Date or any obligation or covenant of Purchaser or Immersion to be performed at or prior to the Closing Date has not been observed or performed by such time, the Vendors may terminate this Agreement by notice in writing to Purchaser, and in such event Vendors shall be released from all obligations hereunder save and except for their obligations under Sections 10.3, 10.4 and 10.7 which shall survive. Purchaser and Immersion shall only be released from its obligations if the condition or conditions for the non-performance of which Vendors have terminated this Agreement are not reasonably capable of being performed or caused to be performed by Purchaser or Immersion. If Vendors waive compliance with any of the conditions, obligations or covenants contained in this Agreement, the waiver will be without prejudice to any of their rights of termination in the event of non-fulfilment, non-observance or non-performance of any other condition, obligation or covenant in whole or in part. The Vendors' right of termination under this Article 6 is in addition to any other rights they may have under this Agreement or otherwise, and the exercise of a right of termination will not be an election of remedies. Except as otherwise provided herein, nothing in Article 6 shall limit or affect any other rights or causes of action the Vendors may have with respect to the representations, warranties, covenants and indemnities in their favour contained in this Agreement.

Termination by Vendors. If any of the conditions set forth in Section 6.3 have not been fulfilled or waived at or prior to the Closing Date or any obligation or covenant of Purchaser or Immersion Parent to be performed at or prior to the Closing Date has not been observed or performed by such time, the Vendors may terminate this Agreement by notice in writing to Purchaser, and in such event Vendors shall be released from all obligations hereunder save and except for their obligations under Sections 10.310.3 (Brokers), 10.4 (Announcements) and 10.7 10.6 (Expenses) which shall survive. Purchaser and Immersion Parent shall only be released from its their obligations if the condition or conditions for the non-performance of which Vendors have terminated this Agreement are not reasonably capable of being performed or caused to be performed by Purchaser or ImmersionParent. If the Vendors waive compliance with any of the conditions, obligations or covenants contained in this Agreement, the waiver will be without prejudice to any of their rights of termination in the event of non-fulfilmentfulfillment, non-observance or non-performance of any other condition, obligation or covenant in whole or in part. The Vendors' right of termination under this Article 6 is in addition to any other rights they may have under this Agreement or otherwise, and the exercise of a right of termination will not be an election of remedies. Except as otherwise provided herein, nothing in Article 6 shall limit or affect any other rights or causes of action the Vendors may have with respect to the representations, warranties, covenants and indemnities in their favour favor contained in this Agreement.

Termination by Vendors. If any of the conditions set forth in Section 6.3 6.4 have not been fulfilled in all material respects or waived at or prior to the earlier of the date determined to be the Closing Date by Section 7.1 and the Drop-Dead Date, or any material obligation or covenant of OP or Purchaser or Immersion to be performed at or prior to the Closing Date has not been observed or performed by such time, the Vendors Vendors’ Representative may terminate this Agreement by notice in writing to Purchaser, and in such event Vendors shall be released from all obligations hereunder save and except for their obligations under Sections 10.3, 10.4 11.3 and 10.7 11.5 which shall survive. Each of OP and Purchaser and Immersion shall only be released from its obligations if the condition or conditions for the non-performance of which Vendors have Vendors’ Representative has terminated this Agreement is or are not reasonably capable of being performed or caused to be performed by Purchaser OP or ImmersionPurchaser. If Vendors waive Vendors’ Representative waives compliance with any of the conditions, obligations or covenants contained in this Agreement, the waiver will be without prejudice to any of their its rights of termination in the event of non-fulfilmentfulfillment, non-observance or non-performance of any other condition, obligation or covenant in whole or in part. The Vendors' right If any of termination under this Article 6 Vendors or any of their representatives or agents is in addition to any other rights they may have under this Agreement aware, on or otherwise, and the exercise of a right of termination will not be an election of remedies. Except as otherwise provided herein, nothing in Article 6 shall limit or affect any other rights or causes of action the Vendors may have with respect prior to the representationsClosing, warrantiesthat a representation or warranty of OP or Purchaser is untrue, covenants incorrect or inaccurate or a covenant or obligation of OP or Purchaser to be performed on or prior to Closing is breached or not performed and indemnities Vendors proceed with the Closing, Vendors shall be deemed to have waived such representation, warranty, covenant or obligation to the extent of such incorrectness, inaccuracy, breach or non-performance, except where otherwise expressly agreed in their favour contained in this Agreementwriting by the Parties at or prior to Closing.