Common use of Termination of this ENA Clause in Contracts

Termination of this ENA. Each Party reserves the right to terminate this ENA, with or without cause, upon ten (10) days prior written notice to the other Party, thereby withdrawing from such negotiations without any liability to the other Party, except that each Party shall be obligated to promptly return to the other Party all information and materials which such Party has received from the other Party pursuant to this ENA. The Parties, by their respective execution hereof, knowingly agree, notwithstanding anything herein to the contrary, that none of them shall have any right to specific performance of this ENA, nor any other equitable or damage remedies under the law. Each Party makes such release with full knowledge of Civil Code Section 1542 and hereby waive any and all rights thereunder to the extent of this release, if such Section 1542 is applicable. Section 1542 of the Civil Code provides as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” Agency’s Initials BCG’s Initials APAL’s Initials

Termination of this ENA. Each Party reserves the right to terminate this ENA, with or without cause, upon ten thirty (1030) days prior written notice to the other Party, thereby withdrawing from such negotiations without any liability to the other Party, except that each Party shall be obligated to promptly return to the other Party all information and materials which such Party has received from the other Party pursuant to this ENA. The Parties, by their respective execution hereof, knowingly agree, notwithstanding anything herein to the contrary, that none neither of them shall have any right to specific performance of this ENA, nor any other equitable or damage remedies under the law. Each Party makes such release with full knowledge of Civil Code Section 1542 and hereby waive any and all rights thereunder to the extent of this release, if such Section 1542 is applicable. Section 1542 of the Civil Code provides as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” AgencyCity’s Initials BCG’s Initials APALYMCA’s Initials

Termination of this ENA. Each Party reserves the right to terminate this ENA, with or without cause, upon ten (10) days prior written notice to the other Party, thereby withdrawing from such negotiations without any liability to the other Party, except that each Party shall be obligated to promptly return to the other Party all information and materials which such Party has received from the other Party pursuant to this ENA. The Parties, by their respective execution hereof, knowingly agree, notwithstanding anything herein to the contrary, that none neither of them shall have any right to specific performance of this ENA, nor any other equitable or damage remedies under the law. Each Party makes such release with full knowledge of Civil Code Section 1542 and hereby waive any and all rights thereunder to the extent of this release, if such Section 1542 is applicable. Section 1542 of the Civil Code provides as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” Agency’s Initials BCG’s Initials APALBrookfield’s Initials

Termination of this ENA. Each Party reserves the right to terminate this ENA, with or without cause, upon ten (10) days prior written notice to the other Party, thereby withdrawing from such negotiations without any liability to the other Party, except that each Party shall be obligated to promptly return to the other Party all information and materials which such Party has received from the other Party pursuant to this ENA. The Parties, by their respective execution hereof, knowingly agree, notwithstanding anything herein to the contrary, that none neither of them shall have any right to specific performance of this ENA, nor any other equitable or damage remedies under the law. Each Party makes such release with full knowledge of Civil Code Section 1542 and hereby waive any and all rights thereunder to the extent of this release, if such Section 1542 is applicable. Section 1542 of the Civil Code provides as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” Agency’s Initials BCG’s Initials APALYMCA’s Initials