Common use of Termination of Original Agreement; Waiver Clause in Contracts

Termination of Original Agreement; Waiver. (a) The Original Agreement is hereby terminated as of the Effective Date. Except to the extent otherwise provided in this Agreement, the obligations of the Parties arising under the Original Agreement before the Effective Date of this Agreement shall be governed by the Original Agreement. The obligations of the Parties arising after the Effective Date (including with respect to Vendor's provision of Services during the Term) shall be governed by this Agreement. (b) As partial consideration for entering into this Agreement, for the respective waivers and releases set forth below (collectively the "Waiver"), and for Vendor's obligations set forth in Section 8.3 of this Master Agreement, each Party hereby irrevocably waives and releases all claims, torts, liabilities, debts, suits, demands, causes of action, actions and rights, whether known, unknown, contingent or fixed, against the other Party and its respective predecessors, current and former Affiliates, successors, assigns, attorneys, directors, officers, agents and employees arising from or pertaining to the Original Agreement; provided, however, that: (i) nothing contained in the Waiver shall release the Parties from their respective obligations under this Agreement (including with respect to the installed Dedicated Dial-Up Access Ports previously provided under the Original Agreement that Vendor is obligated to continue to provide pursuant to Schedule B of this Agreement); and (ii) nothing contained in the Waiver shall apply to disputes or any other matters between the Parties under this Agreement, or based upon or associated with the claims of unaffiliated third parties arising under the Original Agreement or this Agreement.

Termination of Original Agreement; Waiver. (a) The Original Agreement is hereby terminated as of the Effective Date. Except to the extent otherwise provided in this Agreement, the obligations of the Parties arising under the Original Agreement before the Effective Date of this Agreement shall be governed by the Original Agreement. The obligations of the Parties arising after the Effective Date (including with respect to Vendor's provision of Services during the Term) shall be governed by this Agreement. (b) As partial consideration for entering into this Agreement, for the respective waivers and releases set forth below (collectively the "Waiver"), and for Vendor's obligations set forth in Section 8.3 of this Master Agreement, each -------------------------------------------------------------------------------- Network Services Agreement America Online, Inc./BBN Corporation CONFIDENTIAL CONFIDENTIAL TREATMENT REQUESTED Party hereby irrevocably waives and releases all claims, torts, liabilities, debts, suits, demands, causes of action, actions and rights, whether known, unknown, contingent or fixed, against the other Party and its respective predecessors, current and former Affiliates, successors, assigns, attorneys, directors, officers, agents and employees arising from or pertaining to the Original Agreement; provided, however, that: (i) nothing contained in the Waiver shall release the Parties from their respective obligations under this Agreement (including with respect to the installed Dedicated Dial-Up Access Ports previously provided under the Original Agreement that Vendor is obligated to continue to provide pursuant to Schedule B of this Agreement); and (ii) nothing contained in the Waiver shall apply to disputes or any other matters between the Parties under this Agreement, or based upon or associated with the claims of unaffiliated third parties arising under the Original Agreement or this Agreement.