Third Party Beneficiaries; Enforceability Sample Clauses

Third Party Beneficiaries; Enforceability. (a) This letter agreement shall inure to the benefit of and be binding upon Holdco and Xx. Xxx and nothing in this letter agreement, express or implied, is intended to, nor does it, confer upon any person (other than Holdco and Xx. Xxx) any rights or remedies under, or by reason of, or any rights (i) to enforce the Equity Commitment or any provisions of this letter agreement or (ii) to confer upon any person any rights or remedies against any person other than Xx. Xxx under or by reason of, this letter agreement; provided, that the Company is an express third party beneficiary hereof and shall have the enforcement rights provided in this Section 7 of this letter agreement and no others.
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Third Party Beneficiaries; Enforceability. (i) Annuitants, Contingent Annuitants, and Beneficiaries. After the Effective Date, each Annuitant or Contingent Annuitant will have the contractual right to enforce any provision of (and each Beneficiary and Alternate Payee will have the contractual right to enforce its rights to Annuity Payments under) this Contract against Prudential, by the sole choice of such Annuitant, or applicable Contingent Annuitant (and, to the extent of such rights hereunder, Beneficiary and Alternate Payee) in the capacity of an intended third-party beneficiary of this Contract. The rights of an Annuitant or Contingent Annuitant under this clause (i) are not diminished if the Contract-Holder ceases to exist and no successor is appointed. Nothing in this Contract, express or implied, will give or be construed to give any legal or equitable right, remedy or claim under this Contract to any other person. Notwithstanding the foregoing sentences, any and all third-party beneficiary rights of an Annuitant, Contingent Annuitant, Alternate Payee, or Beneficiary under this Contract, including pursuant to this clause (i), refer and are subject to the provisions of this Contract as it may be amended in accordance with Section 3.6. Nothing in this clause (i) will prevent, or impose any limitations on, any such amendment or modification of this Contract made in accordance with Section 3.6, or give any right to an Annuitant, Contingent Annuitant, Alternate Payee or Beneficiary to consent to, or otherwise participate in, any such amendment (other than with respect to any affected Annuitant or Contingent Annuitant or Alternate Payee in connection with an amendment pursuant to Section 3.6(ii)(b)). Nothing in this Section 3.8(i) will prohibit an Annuitant, Contingent Annuitant, Alternate Payee or Beneficiary from having the right to challenge a change made after the Data Finalization Amendment Date as not being made in accordance with Section 3.6(ii).
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Related to Third Party Beneficiaries; Enforceability

  • Severability; No Third Party Beneficiaries In case any provision in or obligation under this Agreement shall be invalid, illegal or unenforceable in any jurisdiction, the validity, legality and enforceability of the remaining provisions or obligations shall not in any way be affected or impaired thereby, and if any provision is inapplicable to any person or circumstances, it shall nevertheless remain applicable to all other persons and circumstances. A person who is not a party to this Agreement shall have no rights to enforce any provision of this Agreement, and no Fund shall have a right to enforce any provision of this Agreement as it relates to another Fund. BNY Mellon shall not be responsible for any costs or fees charged to a Fund or an affiliate of a Fund by consultants, counsel, auditors, public accountants or other service providers retained by the Fund or any such affiliate.

  • Third Party Beneficiaries This Agreement is intended for the benefit of the parties hereto and their respective permitted successors and assigns, and is not for the benefit of, nor may any provision hereof be enforced by, any other person.

  • Counterparts; Third Party Beneficiaries This Agreement may be signed in any number of counterparts, each of which shall be an original, with the same effect as if the signatures thereto and hereto were upon the same instrument. This Agreement shall become effective when each party hereto shall have received a counterpart hereof signed by the other party hereto. No provision of this Agreement is intended to confer upon any Person other than the parties hereto any rights or remedies hereunder.

  • No Third Party Beneficiaries; Assignment This Agreement is solely for the benefit of the parties hereto and is not binding upon or enforceable by any other persons. No party to this Agreement may assign its rights or delegate its obligations under this Agreement, whether by operation of law or otherwise, and any assignment in contravention hereof shall be null and void. Nothing in this Agreement, whether express or implied, is intended to or shall confer any rights, benefits or remedies under or by reason of this Agreement on any persons other than the parties hereto, nor is anything in this Agreement intended to relieve or discharge the obligation or liability of any third persons to any party.

  • Binding Effect; No Third-Party Beneficiaries; Assignment This Agreement shall inure to the benefit of and be binding upon the Parties and their respective successors and permitted assigns. Except as otherwise expressly provided in this Agreement, this Agreement is solely for the benefit of the Parties and should not be deemed to confer upon any third parties any remedy, claim, Liability, reimbursement, cause of action, or other right in excess of those existing without reference to this Agreement. Nothing in this Agreement is intended to amend any Benefit Plan or affect the applicable plan sponsor’s right to amend or terminate any Benefit Plan pursuant to the terms of such plan. The provisions of this Agreement are solely for the benefit of the Parties, and no current or former Employee, officer, director, or independent contractor or any other individual associated therewith shall be regarded for any purpose as a third-party beneficiary of this Agreement. This Agreement may not be assigned by any Party, except with the prior written consent of the other Party.

  • Xx Third Party Beneficiaries The terms and provisions of this Agreement are intended solely for the benefit of the Parties and their respective successors or permitted assigns, and it is not the intention of the Parties to confer third-party beneficiary rights upon any other Person.

  • No Third Party Beneficiaries This Agreement is intended for the benefit of the parties hereto and their respective permitted successors and assigns, and is not for the benefit of, nor may any provision hereof be enforced by, any other Person.

  • Survival & Third-Party Beneficiaries The advancement, reimbursement, indemnity and contribution obligations set forth in this Section 5 shall remain in full force and effect regardless of any termination of, or the completion of any Underwriter Indemnified Party’s services under or in connection with, this Agreement. Each Underwriter Indemnified Party’s is an intended third-party beneficiary of this Section 5, and has the right to enforce the provisions of Section 5 as if he/she/it was a party to this Agreement.

  • Binding Effect; No Third Party Beneficiaries This Agreement shall be binding upon and inure to the benefit of the Company and Award Recipient and their respective heirs, representatives, successors and permitted assigns. This Agreement shall not confer any rights or remedies upon any person other than the Company and the Award Recipient and their respective heirs, representatives, successors and permitted assigns. The parties agree that this Agreement shall survive the issuance of the Shares.

  • Entire Understanding; No Third Party Beneficiaries This Agreement (together with the documents, agreements and instruments referred to herein) represents the entire understanding of the parties with respect to the subject matter hereof and supersedes any and all other oral or written agreements heretofore made with respect to the subject matter hereof. Nothing in this Agreement, expressed or implied, is intended to confer upon any person, other than the parties hereto, any rights or remedies hereunder.

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